Arkansas Administrative Code

6 CAR § 320-303. Commission hearing procedures — Appeals from the review board. (a)(1)(A) For each hearing, the appealing school district and the Division of Public School Academic Facilities and Transportation each shall have up to ten (10) minutes to present an opening statemen…

6 CAR § 320-304. Finality of commission decisions. All decisions of the Commission for Arkansas Public School Academic Facilities and Transportation under this part shall be final and not subject to: (1) Further appeal or request for rehearing to the commission; or (2) Petition f…

6 CAR § 321-101. Purpose and scope. The purpose of this part is to establish a process whereby the Division of Public School Academic Facilities and Transportation shall provide state financial participation based upon a school district’s academic facilities wealth index in the f…

6 CAR § 321-102. Definitions. For the purpose of this part: (1) “Academic Facilities Partnership Program” means the process under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based upon a school district's …

6 CAR § 321-103. Submission process. (a)(1) All applications for state financial participation under a project funding cycle of this Academic Facilities Partnership Program shall be submitted electronically by utilizing the master plan web tool located on the Division of Public S…

6 CAR § 321-104. Division evaluation and approval of applications. (a)(1) The Division of Public School Academic Facilities and Transportation shall use criteria to evaluate a school district's application for state financial participation in a new construction project, pursuant …

6 CAR § 321-105. Availability of state financial participation and timelines. (a)(1) State financial participation under the Academic Facilities Partnership Program is not available until July 1 of each year. (2) In allocating funds for state financial participation, the Division…

6 CAR § 321-106. Agreement between the division and the school district concerning state financial participation. (a) If the Division of Public School Academic Facilities and Transportation determines that the new construction project is eligible for state financial participation…

6 CAR § 321-107. Appeal process. (a) A school district may appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation pursuant to the Rules Governing Appeals …

6 CAR § 321-108. Distribution and tracking of state financial participation. (a)(1) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financia…

6 CAR § 321-109. Incentives for “green” facilities. (a) The purpose of this section is to encourage school districts to build environmentally friendly new facilities by offering financial incentives through the Academic Facilities Partnership Program. (b) For the purpose of this …

6 CAR § 322-101. Purpose. The purpose of this part is to establish a program and process for establishing a format for districts to create facilities master plans in accordance with state legislation, in an ongoing effort to remediate deficiencies in academic facilities.

6 CAR § 322-102. Definitions. As used in this part: (1) “Academic facility” has the same meaning as in Arkansas Code § 6-21-803(1); (2)(A) “Amended facilities master plan” means a revised facilities master plan, submitted at any time during the six-year cycle if a district has en…

6 CAR § 322-103. Academic Facilities Master Plan Program — Purpose. (a) The purpose of the Academic Facilities Master Plan Program is to: (1) Establish a mechanism for state supervision of school district activities impacting academic facilities and equipment; (2) Develop and con…

6 CAR § 322-104. Submission process. Each school district in the state shall, in accordance with applicable state law, this part, and the guidelines published by the Division of Public School Academic Facilities and Transportation: (1) Submit the district’s facilities master plan…

6 CAR § 322-105. Division of Public School Academic Facilities and Transportation responsibilities. The Division of Public School Academic Facilities and Transportation shall: (1) Establish procedures (guidelines) and timelines for submittals of master plans and master plan updat…

6 CAR § 322-106. Approval process. The Division of Public School Academic Facilities and Transportation shall: (1) Review, and upon all requirements being met, approve master plans no later than September 1 of each even numbered year; and (2) Notify a district no later than May 1…

6 CAR § 322-107. Appeal process. Appeals of Division of Public School Academic Facilities and Transportation determinations are governed by the Commission for Arkansas Public School Academic Facilities and Transportation’s Rules Governing Appeals from Determinations of the Arkans…

6 CAR § 323-101. Definitions. As used in this part: (1) “Academic” means any activity, objective, or purpose that is reasonably necessary for and related to a school district’s provision of instruction to students permitted or required by state or federal law; (2) “Academic Facil…

6 CAR § 323-102. Reporting and identification of unused or underutilized public school facilities. (a)(1) By February 1 of each year, each school district shall submit to the Division of Public School Academic Facilities and Transportation a report that identifies: (A) All unused…

6 CAR § 323-103. Right of access. (a) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geo…

6 CAR § 323-104. Petitions to the commission. (a) Any petition by a public charter school under 6 CAR § 323-103(c) shall: (1) Be submitted in writing to the Department of Education, Office of General Counsel by certified mail, with a copy by certified mail to the school district …

6 CAR § 323-105. Duties of public charter school and school district upon sale or lease. (a) Upon execution of a lease, whether voluntarily or by order of the Commission for Arkansas Public School Academic Facilities and Transportation, the public charter school shall be responsi…

6 CAR § 323-106. Securing vacant public school facilities. Vacant public school facilities must be secured: (1) To prevent unauthorized entry through: (A) Doors; (B) Windows; or (C) Any other means; and (2) In accordance with state and local fire prevention codes or other applica…

6 CAR § 323-107. Enforcement. (a) The Division of Public School Academic Facilities and Transportation may identify a school district that fails to comply with the above provisions as being in academic facilities distress under Arkansas Code § 6-21-811. (b) The charter school aut…

6 CAR § 324-101. Purpose. The purpose of this part is to establish the process, guidelines, and minimum recommended property, boiler, machinery, and extended coverage insurance requirements for all buildings, structures, facilities, and business personal property owned by a schoo…

6 CAR § 324-102. Definitions. For the purpose of this part, the following terms mean: (1) “Actual cash value” means the cost of replacing damaged or destroyed property with comparable new property minus depreciation; (2) “Agreed value” means the specified maximum amount of insura…

6 CAR § 324-103. Insurance requirements. (a) Each school district shall provide or acquire all risk property coverage for direct physical loss of or damage to school district buildings, structures, and business personal property (contents). (b)(1) Each school district shall ensur…

6 CAR § 325-101. Purpose. The purpose of this part is to establish how the Division of Public School Academic Facilities and Transportation and the Commission for Arkansas Public School Academic Facilities and Transportation will evaluate, assess, identify, and address those scho…

6 CAR § 325-102. Definitions. For the purposes of this part: (1) "Facilities distress status" means a public school or school district classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in academic facilities distress pursuant …

6 CAR § 325-103. Process and procedure for the classification of districts in academic facilities distress. (a) The Commission for Arkansas Public School Academic Facilities and Transportation shall classify a public school or school district as being in academic facilities distr…

6 CAR § 325-104. Submission of facilities improvement plan. (a)(1) A public school or school district classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in facilities distress shall: (A) Develop a facilities improvement plan wi…

6 CAR § 325-105. Failed millages. (a) Within ten (10) days of a school district’s failure to pass a millage required to fulfill its obligations under its master plan, the Division of Public School Academic Facilities and Transportation shall provide written notice to the school d…

6 CAR § 325-106. Prior approval of debt. No school district identified by the Division of Public School Academic Facilities and Transportation or classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in facilities distress may inc…

6 CAR § 325-107. Academic facilities distress classification. When a school district is classified by the Commission for Arkansas Public School Academic Facilities and Transportation to be in facilities distress, the Division of Public School Academic Facilities and Transportatio…

6 CAR § 325-108. State board, division, and commission authority. (a) Upon consideration of a Division of Public School Academic Facilities and Transportation petition under 6 CAR § 325-107(14), the State Board of Education may: (1) Approve the petition; or (2) Take other appropr…

6 CAR § 325-109. Appeal process. A school district may appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation by filing an appeal in accordance with the c…

6 CAR § 325-110. School choice and academic facilities distress. (a) Any student attending a public school district classified as being in facilities distress shall automatically be eligible and entitled under the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq…

6 CAR § 325-111. Inspections. (a) The Division of Public School Academic Facilities and Transportation shall conduct random unannounced on-site inspections of all academic facilities to ensure compliance with the school district's facilities master plan and, if applicable, the sc…

6 CAR § 325-112. Early indicators of facility distress. (a) By August 31 of each year, the Division of Public School Academic Facilities and Transportation shall notify the superintendent of a school district if the division is aware the school district has experienced two (2) or…

6 CAR § 326-101. Purpose. The purpose of this part is to establish a program and process of providing state financial participation to a school district based on a school district’s academic facilities wealth index for eligible catastrophic repairs and new construction projects t…

6 CAR § 326-102. Definitions. As used in this part: (1) “Academic facility” has the same meaning as in Arkansas Code § 6-20-2502(2); (2) “Academic facilities wealth index” has the same meaning as in Arkansas Code § 6-20-2502(1); (3) “Act of God or violence” means an act, event, h…

6 CAR § 326-103. Academic Facilities Catastrophic Program application process. (a)(1) A school district may apply for state financial participation to assist with a catastrophic project provided an academic facility in the district has been damaged due to an act of God or violenc…

6 CAR § 326-104. Division approval criteria. (a) The Division of Public School Academic Facilities and Transportation consideration and approval will be based on several factors, including but not limited to the following: (1) School district compliance with appropriate academic …

6 CAR § 326-105. Division and school district obligations. (a) If a school district qualifies for state financial participation under this part, the Division of Public School Academic Facilities and Transportation shall, within thirty (30) calendar days of approval, certify the a…

6 CAR § 326-106. Appeal process. A school district may appeal any written determination of the Division of Public School Academic Facilities and Transportation in accordance with the Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing Appe…

6 CAR § 327-101. Definitions. As used in this part: (1) “Academic facility” has the same meaning as in Arkansas Code § 6-20-2502(2); (2) “Average daily membership” has the same meaning as in Arkansas Code § 6-20-2502(3); (3) “Eligible school district” means a school district: (A)…