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005.01.24-30.00. Removal from Fiscal Distress

AR ADC 005.01.24-30.00Arkansas Administrative CodeEffective: May 19, 2018

West's Arkansas Administrative Code
Title 005. Department of Education
Division 01. Division of Fiscal & Administrative Services
Rule 24. Rules Governing Education Service Cooperatives
Effective: May 19, 2018
Ark. Admin. Code 005.01.24-30.00
005.01.24-30.00. Removal from Fiscal Distress
30.1 The Department of Education shall certify in writing to the education service cooperative that the education service cooperative may be removed from fiscal distress status when the department determines that the education service cooperative has:
30.1.2 [FN1] Corrected all of the criteria under Ark. Code Ann. § 6-13-1027 and Section 27.00 of these rules that led to the classification of fiscal distress; and
30.1.3 Complied with all Department of Education recommendations and requirements for removal from fiscal distress status.
30.2 Within thirty (30) days of receiving the Department of Education's certification under Ark. Code Ann. § 6-13-1030(a) and Section 30.01 of these rules, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress. An education service cooperative may not petition the State Board of Education for removal from fiscal distress status before the Department of Education makes the certification under Ark. Code Ann. § 6-13-1030(a) and Section 30.01 of these rules.
30.3 Within sixty (60) days of receiving the petition for removal from fiscal distress, the State Board shall deny the petition or remove the education service cooperative from fiscal distress status.
30.4 If an education service cooperative fails to meet the Department of Education's requirements for removal from fiscal distress status within two (2) consecutive school years of being classified in fiscal distress, the State Board of Education shall:
30.4.1 Reorganize the administrative unit of the education service cooperative under Ark. Code Ann. § 6-13-1029 and Section 29.00 of these rules; or
30.4.2 Issue a written finding supported by a majority vote of the State Board of Education explaining in detail that the education service cooperative could not comply with Ark. Code Ann. § 6-13-1030 or Section 30.00 of these rules due to impossibility caused by external forces beyond the education service cooperative's control. The State Board of Education shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status.
30.05 [FN1] Within fifteen (15) days of making a decision under Ark. Code Ann. § 6-13-1030 and Section 30.00 of these rules, the State Board shall notify the education service cooperative of its decision and include with the notice a copy of a written finding issued under Ark. Code Ann. § 6-13-1030 and Section 30.04.2 of these rules.
Source: Ark. Code Ann. § 6-13-1030

Credits

Adopted July 16, 2012. Amended March 28, 2016; May 19, 2018.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.01.24-30.00, AR ADC 005.01.24-30.00
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