§ 6-13-619 — Meetings

Arkansas § 6-13-619

• Jurisdiction: Arkansas
• Title: 6

Text

(a) (1) The board of directors of a public school district shall meet: (A) Monthly during the school term; (B) On call of the president or secretary or any three (3) members of the board of directors; and (C) When petitioned to meet by a verified written petition that: (i) Is signed by fifty (50) qualified electors in the school district; (ii) Contains the printed name and address of each qualified elector signing the petition; (iii) Is accompanied by the verified statement of the person obtaining the signatures on the petition required under § 7-9-109 ; and (iv) States the purpose for the meeting. (2) (A) At least five (5) days before a regular monthly meeting of a board of directors, the superintendent shall notify the president of the board of directors of: (i) All written requests to be placed on the board agenda; and (ii) The superintendent's recommendation concerning each request. (B) A request to be placed on the agenda shall not be granted if placement on the agenda: (i) Prejudices the board of directors concerning a student or personnel matter that is on the agenda for the board's consideration of a disciplinary or employment action; or (ii) Is in conflict with school district policy or law. (3) (A) Except in emergency situations, regular and special meetings of the school district board of directors and school board committees that deal with personnel or personnel policies shall be held after 5:00 p.m. (B) A meeting of the school district board of directors or a school board committee that does not deal with personnel or personnel policies may occur at any time and on any day, regardless of whether there is an emergency. (4) (A) At least ten (10) days before the date of a regular meeting of its board of directors, a public school district shall publish on the public school district's website a notice of the date, time, and place of the meeting. (B) At least twenty-four (24) hours before a rescheduled regular meeting, a public school district shall publish on the public school district's website a notice of the change in the date, time, or place of the regular meeting. (b) The secretary of a board of directors shall: (1) Keep minutes of regular and special meetings of the board of directors, including without limitation a: (A) Record of the members present or not present at the meeting; (B) Record of the outcome of a vote; and (C) Copy of all budgets of the school district and all reports of the county treasurer on the financial affairs of the school district; and (2) Maintain a permanent record of the minutes. (c) (1) (A) Except as provided under subsection (d) of this section, a board member shall be physically present at a meeting to be counted for purposes of a quorum or to vote. (B) If a quorum is not established or maintained, a vote shall not be taken until a quorum is established or restored. (C) A majority of a quorum voting affirmatively is required for the passage of any motion or resolution. (D) Any member who abstains from voting shall be counted as having voted against the motion or resolution. (E) (i) If a member announces a conflict of interest with regard to an issue, the member may leave the meeting until the voting on the issue is concluded. (ii) A member who leaves a meeting due to a conflict of interest: (a) Shall not be counted in the board of director's vote; and (b) Shall not be considered present for the purpose of establishing a quorum until the member returns to the meeting after the vote. (2) Except as provided under subdivision (c)(1)(E)(ii) of this section, for the purposes of this section, a quorum shall be a majority of the membership of the board of directors. (3) A quorum of the board of directors must be physically present for the board of directors to enter an executive session. (d) (1) The board of directors may adopt a policy permitting a member of the board of directors who is unable to be physically present at a meeting to attend the meeting remotely. (2) For a member of the board of directors that attends a meeting remotely to be counted for a quorum and to vote, the method used to permit the member of the board of directors to attend remotely shall: (A) Provide a method for the president of the board of directors or the secretary of the board of directors to verify the identity of the member of the board of directors attending remotely; (B) Allow members of the board of directors that are present and members of the public to hear the member of the board of directors attending remotely at all times; and (C) Allow a member of the board of directors attending remotely to hear the members of the board of directors present at the meeting and any public comment at all times. (3) A member of the board of directors attending remotely shall not: (A) Attend an executive session or closed hearing remotely; or (B) (i) Vote on an issue that is the subject of an executive session or closed hearing. (ii) A board member's inability to vote on an item discussed in executive session shall be treated the same as if the board member had left the room under subdivision (c)(1)(E) of this section. (4) (A) Up to three (3) times per calendar year the board of directors may count a board member attending remotely for the purpose of establishing a quorum. (B) A board member attending remotely that is used to establish a quorum under subdivision (d)(4)(A) of this section shall not be counted to determine if the board may enter executive session under subdivision (c)(3) of this section. (5) At each regular monthly meeting of the school district board of directors, a report or presentation regarding student academic data or performance shall be provided to the board of directors. (e) (1) In addition to the circumstances in which an executive session is permitted under the Freedom of Information Act of 1967, § 25-19-101 et seq., the board of directors may meet in executive session for the purposes of: (A) Pre-litigation discussions; (B) Litigation updates; (C) The discussion and consideration of settlement offers; (D) The discussion and consideration of contract disputes with the superintendent of the school district; and (E) Discussions pertaining to real property. (2) In addition to the persons permitted to be present at an executive session under the Freedom of Information Act of 1967, § 25-19-101 et seq., the following may be present at an executive session of the board of directors upon invitation of the board of directors: (A) The superintendent of the school district; and (b) The attorney for the school district.

Legislative History

Amended by Act 2023, No. 883,§ 3, eff. 5/1/2024. Amended by Act 2023, No. 425,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 843,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 836,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 559,§ 1, eff. 8/16/2013. Acts 1931, No. 169, § 96; Pope's Dig., § 11534; Acts 1983, No. 855, § 1; A.S.A. 1947, § 80-507; Acts 1993, No. 608, § 1; 1995, No. 1347, § 1; 2007, No. 1588, § 1.