005.28.44-7.00. Fiscal Distress Improvement Plan
AR ADC 005.28.44-7.00Arkansas Administrative CodeEffective: October 19, 2020
Effective: October 19, 2020
Ark. Admin. Code 005.28.44-7.00
Formerly cited as AR ADC 005.25.3-7.00
005.28.44-7.00. Fiscal Distress Improvement Plan
7.01 Those school districts classified by the State Board as being in fiscal distress shall file, with the Division within ten (10) days after the final classification, a written fiscal distress financial improvement plan to address any area in which the school district is experiencing fiscal distress as identified by the Division.
7.01.5 The district may appeal any edit, amendment or replacement of a plan by filing its written notice of appeal (which must include an explanation of its concerns) with the Commissioner of the Division within ten (10) days of receipt of the notice required in subsection 7.01.4. The appeal shall be heard at the next State Board meeting, and the State Board's decision shall be final.
7.02 Each school district shall seek and obtain approval of its plan from the Division and shall describe how the school district will remedy those areas in which the school district is experiencing fiscal distress and shall establish the time period by which the school district will remedy all criteria which placed the school district in fiscal distress status.
7.03 A school district in fiscal distress may only petition the State Board for removal from fiscal distress status after the Division has certified in writing that the school district has corrected all criteria for being classified as in fiscal distress, has not experienced any additional indicators of fiscal distress, and has complied with all Division recommendations and requirements for removal from fiscal distress status.
7.04 Except as set forth in Ark. Code Ann. § 6-20-1910(e) and Section 10.05 of these Rules, a school district shall not be allowed to remain in fiscal distress status for more than five (5) consecutive school years from the date that the school district was classified as being in fiscal distress status.
7.09 The Division may petition the State Board at any time for the consolidation, annexation, or reconstitution of a school district in fiscal distress or take other appropriate action as allowed by Ark. Code Ann. § 6-20-1901 et seq. and these rules in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district. The State Board may approve the petition or take other appropriate action as allowed by Ark. Code Ann. § 6-20-1901 et seq. and these rules.
7.10 Except as set forth in Ark. Code Ann. § 6-20-1910(e) and Section 10.05 of these Rules, the State Board shall consolidate, annex, or reconstitute any school district that fails to remove itself from the classification of a school district in fiscal distress within five (5) consecutive school years of classification of fiscal distress status unless the State Board, at its discretion, issues a written finding supported by a majority of the State Board, explaining in detail that the school district could not remove itself from fiscal distress due to impossibility caused by external forces beyond the school district's control.
Credits
Amended April 8, 2010; Oct. 26, 2012; Sept. 6, 2014; June 25, 2018; Oct. 19, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.44-7.00, AR ADC 005.28.44-7.00
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