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005.28.44-7.00. Fiscal Distress Improvement Plan

AR ADC 005.28.44-7.00Arkansas Administrative CodeEffective: October 19, 2020

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 44. Rules Governing the Arkansas Fiscal Assessment and Accountability Program
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.
7.01.1 The plan shall contain, at a minimum, the following elements:
7.01.1.1 Identification of each indicator of fiscal distress;
7.01.1.2 Specific corrective action steps for each indicator of fiscal distress;
7.01.1.3 A timeline for the completion of each corrective action step;
7.01.1.4 Additional corrective action steps the school district proposes to take; and
7.01.1.5 A timeline for each additional corrective action step proposed by the school district.
7.01.2 The Division is authorized to review and amend the plan submitted by the school district.
7.01.3 The Division may edit, amend, update, or replace the plan at any time deemed appropriate.
7.01.4 The school district shall be given notice of the edited, amended, updated, or replacement plan criteria.
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.
7.05 Any school district classified as being in fiscal distress status shall be required to receive on-site technical evaluation and assistance from the Division.
7.06 The Division shall evaluate and make written recommendations to the district superintendent regarding staffing and fiscal practices of the school district.
7.07 The written recommendations of the Division shall be binding on the school district, the superintendent and the school district board of directors.
7.08 Every six (6) months, the Division shall submit a written evaluation on the status of each school district in fiscal distress to the State Board.
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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