Arkansas Code Annotated

Ark. Code Ann. § 6-13-101 (2026)

Only one kind of school district

✓ current as of May 2026

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There shall be only one (1) kind of school district in this state, and each shall have the same prerogatives, powers, duties, and privileges as herein set forth.
All school districts which may be hereafter created shall be the same kind, with the same prerogatives, powers, duties, and privileges as provided by law.

History. Acts 1931, No. 169, § 43; Pope's Dig., § 11476; A.S.A. 1947, § 80-401; Acts 1993, No. 294, § 6.

Case Notes

Department of Correction District.

The Department of Correction is authorized to offer both general education and vocational education experiences for its student population; the fact that the Department's students are awarded a GED or receive vocational-technical training does not negate the Department's responsibility to operate under the law as a publicly supported school district. Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

The Department of Correction school district is a part of the State's public school system and subject to provisions of Teacher Fair Dismissal Act, § 6-17-1501 et seq.Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

Sovereign Immunity.

Arkansas case law holding that school districts are not arms of the state government is still good law; this section and § 6-13-102 show the General Assembly's intent that school districts are body corporates and are not entitled to assert sovereign immunity. Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1995–2023 · leading case: Crenshaw v. Eudora Sch. Dist., 208 S.W.3d 206 (Ark. 2005).

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Crenshaw v. Eudora Sch. Dist., 208 S.W.3d 206 (Ark. 2005). · cites it 10× “Ark.Code Ann. § 6-13-101 (Repl.1999). Section 6-13-102 provides that school districts are body corporates which can sue and be sued: (a) Each school district in the state shall be a body corporate, may contract and be contracted with, and may sue and be sued in its corporate…”

Allred v. Arkansas Dep't of Corr. Sch. Dist., 912 S.W.2d 4 (Ark. 1995). · cites it 3× “Further, Allred cites Ark. Code Ann. § 6-13-101 (Repl. 1993) where the General Assembly provided as follows: (a) There shall be only one (1) kind of school district in this state, and each shall have the same prerogatives, powers, duties, and privileges as herein set forth.”

Doe v. Key (E.D. Ark. 2023). · cites it 3× “at 295-96 ; Ark. Code Ann. § 6-13-101 . Plaintiffs did not change school districts when they enrolled J.”

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