§ 6-20-1909 — Division fiscal distress actions

(a) In addressing public school districts in fiscal distress, the Commissioner of Elementary and Secondary Education may: (1) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and: (A) Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner; (B) Compensate nondivision agents operating the public school district from public school district funding; and (C) Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law; (2) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the public school district, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise recognized by law; (3) (A) Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner. (B) The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section. (C) The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section; (4) Require the public school district to operate without a board of directors under the supervision of the local superintendent or an individual or panel appointed by the commissioner; (5) Waive the application of Arkansas law or the corresponding State Board of Education rules, with the exception of: (A) Special education programs as provided in this title; (B) Criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the State Board of Education and local governmental entities; (6) Petition the State Board of Education for the annexation, consolidation, or reconstitution of the public school district; (7) In the absence of a public school district board of directors, assume all authority of the board of directors as designated by the State Board of Education as may be necessary for the day-to-day governance of the public school district; (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school district; (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the public school district; (10) (A) Return the administration of the public school district to the former board of directors or to a newly elected board of directors if: (i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and (ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress. (B) If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law; (11) Otherwise reconstitute the public school district; or (12) Take any other action allowed by law that is deemed necessary to assist a public school district in removing the classification of fiscal distress. (b) The division may impose various reporting requirements on the school district. (c) The division shall monitor the fiscal operations and accounts of the school district. (d) The division shall require school district staff and employees to obtain fiscal instruction or training in areas of fiscal concern for the school district.

Legislative History

Amended by Act 2023, No. 237,§ 43, eff. 6/30/2023. Amended by Act 2019, No. 929,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1640, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1639, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1638, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1637, eff. 7/1/2019. Amended by Act 2017, No. 275,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 600,§ 15, eff. 4/4/2013. Acts 2003, No. 1467, § 18.