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Arkansas Code Annotated

Ark. Code Ann. § 6-20-602 (2020)

Isolated schools — Definition

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. “Isolated school” means a school within a school district that:
    1. Before administrative consolidation or annexation under this section, the Public Education Reorganization Act, § 6-13-1601 et seq., and § 6-13-1405(a)(5) [repealed] qualified as an isolated school district under § 6-20-601; and
    2. Is subject to administrative consolidation or annexation under this section, the Public Education Reorganization Act, § 6-13-1601 et seq., and § 6-13-1405(a)(5) [repealed].
  2. Any isolated school within a resulting or receiving district shall remain open unless the school district board of directors of the resulting or receiving district adopts a motion to close the isolated school or parts thereof by:
    1. Unanimous vote of the full board of directors; or
      1. A majority vote of the full board of directors, but less than a unanimous vote, and the motion is considered by and approved by a majority vote of members of the State Board of Education.
        1. Any school district board of directors seeking the state board's approval to close isolated schools or parts thereof under subdivision (b)(2)(A) of this section shall no less than thirty (30) days before a regularly scheduled state board meeting, request a hearing on the matter before the state board and file a petition to have the motion reviewed and approved by the state board.
        2. The petition shall:
          1. Identify the specific isolated schools or part thereof that the local board of directors has moved to close;
          2. State all reasons that the isolated schools or part thereof should be closed;
          3. State how the closure will serve the best interests of the students in the district as a whole;
          4. State if the closure will have any negative impact on desegregation efforts or violate any valid court order from a court of proper jurisdiction; and
          5. Have attached a copy of the final motion approving the closure by the local board of directors.
        1. Upon receiving a petition for approval of a motion to close all or part of an isolated school under subdivision (b)(2)(A) of this section, the state board shall have the authority to review and approve or disapprove the petition.
        2. The state board shall only approve a motion to close isolated schools or parts thereof under subdivision (b)(2)(A) of this section if the closure is in the best interest of the students in the school district as a whole.
        3. The state board shall not close a school if the state board finds that the closure will have any negative impact on desegregation efforts or will violate any valid court order from a court of proper jurisdiction.
        1. Except under subdivision (b)(2)(D)(ii) of this section, the state board shall not require the closure of all or part of an isolated school without a motion from the local board of directors as required under subdivision (b)(2)(A) of this section.
        2. This section shall not be construed to restrict the authority of the Division of Elementary and Secondary Education and the state board otherwise granted by law.
  3. Funding for isolated school districts shall be expended by the resulting or receiving district only on the operation, maintenance, and other expenses of the isolated schools within the resulting or receiving district.

History. Acts 2003 (2nd Ex. Sess.), No. 60, § 5; 2005, No. 1397, § 2; 2011, No. 1131, § 2; 2019, No. 910, § 1611.

A.C.R.C. Notes. Acts 2003 (2nd Ex. Sess.), No. 60, § 1, provided: “Legislative purpose. The General Assembly declares that this act is necessary to ensure the delivery of an equal opportunity for an adequate education to the people of Arkansas in an efficient and effective manner.”

Amendments. The 2011 amendment added the exception at the beginning of present (b)(2)(D)(i); and added (b)(2)(D)(ii).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(D)(ii).

Case Notes

Closure.

In an appeal by parents under § 25-15-212 of the State Board of Education's decision to close a K-12 school campus under subsection (a) of this section, the state's duty to provide an adequate education, its obligation to render a definition of excessive transportation time, and its obligation to adequately fund the transportation needs of school districts were not issues before the court where the state was not a party to the action. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

The Administrative Procedure Act (APA), § 25-15-201 et seq., is applicable to a decision by the State Board of Education regarding a petition for closure, pursuant to this section, because the Board is an administrative agency, whose decisions are subject to appeal as governed by the APA, and the Board acts in a judicial or quasi-judicial capacity, rather than a day-to-day administrative capacity, when it reviews a petition for closure of an isolated school. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

In an appeal by parents of the State Board of Education's decision to close a K-12 school campus under subsection (a) of this section, the parents' allegation that their children would suffer a negative impact on their academic achievement due to the Board's approval of the school district's petition for closure was sufficient injury to confer standing under § 25-15-212. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899.
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Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899. · cites it 20× “It claims that the APA does not apply to the Board’s approval of the District’s petition for closure, as that decision was not an 17adjudication, but “only á routine administrative ruling” pursuant to Ark.”
Ark. Code Ann. § 6-20-602(2)(B)(ii): 1 case
Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899. “It claims that the APA does not apply to the Board’s approval of the District’s petition for closure, as that decision was not an 17adjudication, but “only á routine administrative ruling” pursuant to Ark.”
Ark. Code Ann. § 6-20-602(2)(C)(ii): 1 case
Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899. “It claims that the APA does not apply to the Board’s approval of the District’s petition for closure, as that decision was not an 17adjudication, but “only á routine administrative ruling” pursuant to Ark.”
Ark. Code Ann. § 6-20-602(a): 1 case
Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899. “It claims that the APA does not apply to the Board’s approval of the District’s petition for closure, as that decision was not an 17adjudication, but “only á routine administrative ruling” pursuant to Ark.”
Ark. Code Ann. § 6-20-602(b)(2)(C)(ii): 1 case
Walker v. Arkansas State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899. “It claims that the APA does not apply to the Board’s approval of the District’s petition for closure, as that decision was not an 17adjudication, but “only á routine administrative ruling” pursuant to Ark.”
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