§ 6-53-403 — Technical colleges and two-year branches - Conversion to community college

(a) (1) The procedures for the conversion of a technical college or a two-year branch campus of a four-year institution to a community college shall, except as set forth herein, be the same as those in § 6-61-101 et seq. concerning formation of a community college district, and the provisions of this section shall be cumulative to the laws of this state governing the creation and operation of community colleges. (2) Any postsecondary vocational-technical school which converts to a technical college under the provisions of this chapter or any two-year branch campus whose board of trustees petitions the Arkansas Higher Education Coordinating Board under this chapter shall be exempt from § 6-61-509(c) , limiting the maximum number of community college districts in this state to eight (8), and may hereafter convert to become a community college with the approval of the Arkansas Higher Education Coordinating Board. (b) Prior to the election, the Arkansas Higher Education Coordinating Board shall assist any group of citizens representing a proposed community college district within the service area containing the technical college in determining the feasibility of the proposed district and the adequacy of the proposed millage levy, if any. (c) A board of trustees of a four-year institution shall when requested petition the Arkansas Higher Education Coordinating Board to authorize an election for a two-year branch campus of the four-year institution to become a community college. (d) (1) If a two-year branch campus of a four-year institution exists in the same county as either a postsecondary vocational-technical institution or a technical college, the question on the ballot for formation of a community college district shall include the establishment of a community college composed of the two-year branch campus of the four-year institution and the postsecondary vocational-technical institution or technical college. (2) In the event that an election is called for the formation of a community college district which includes the formation of a community college composed of a two-year branch campus of a four-year institution and a technical college or a postsecondary vocational-technical institution, the costs of the election shall be paid for by the institutions which will comprise the community college. (e) (1) (A) (i) Following the conversion of a technical college to a community college, the members of the local board of the technical college shall become members of the community college board, with two (2) additional board members to be appointed by the Governor. (ii) The Arkansas Higher Education Coordinating Board shall then draw lots, with three (3) lots for two-year terms, three (3) lots for four-year terms, and three (3) lots for six-year terms. (B) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the local board of the community college. (2) Upon the selection of the local board of the community college following the conversion of a two-year branch campus to a community college, the board of trustees of the four-year institution shall transfer all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the two-year branch to the local board of the community college. (f) Except as set forth otherwise in this chapter, the local board shall have the same powers and duties as those enumerated in § 6-61-101 et seq. (g) The local board of the community college shall be responsible for the administration and operation of all satellite campuses. (h) No millage tax of the community college district shall be used for capital outlay expense or operating expense of a satellite campus. (i) Upon the establishment of the community college, the postsecondary vocational-technical institution, the technical college, and the two-year branch of the four-year institution shall be abolished. (j) (1) Any community college established under this section which fails to achieve higher education institutional accreditation from the Higher Learning Commission within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board. (2) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the community college shall be transferred to the Division of Higher Education.

Legislative History

Amended by Act 2019, No. 910,§ 1933, eff. 7/1/2019. Acts 1991, No. 1244, § 22; 1991, No. 1246, § 11; 1993, No. 423, §§ 5, 6; 1995, No. 603, § 3; 1997, No. 1114, § 11.