6 CAR § 232-106 – Transition period

(a) If the new school district created by detachment was formed from an existing school district that is a party to any court-ordered desegregation plan, the State Board of Education shall, prior to the transfer of any assets, territory, property, liabilities, duties, or responsibilities to the new school district, allow for a time period sufficient to permit the parties to petition the court having jurisdiction in the desegregation matter to obtain any and all court orders or other relief necessary to ensure that the detachment will not cause the state or any affected school district to be in violation of any orders of the court or any consent orders or decrees entered into by the parties with regard to the desegregation plan.
(b) If the state board allows for a transition period as set forth in Arkansas Code § 6-13-1505 and 6 CAR § 232-105(h), the state board may allow a reasonable time period, not to exceed one hundred twenty (120) days from the date the state board issues the order creating the new school district, to allow the existing school district and the new school district created by detachment to develop and present to the state board a written agreement concerning the following matters, without limitation:
1. (1) A plan for the selection and employment of a superintendent or administrator for the new school district created by detachment;
2. (2) A plan for the zoning and election of school board members in accordance with Arkansas and federal law;
3. (3) A determination of the millage necessary to operate the new school district created by detachment;
4. (4) A plan that specifically addresses the distribution of real and personal property, assets, liabilities including debt, and duties and responsibilities for the existing school district and the new school district created by detachment; and
5. (5) A plan that specifically addresses the procedure by which the new school district will employ licensed and nonlicensed staff.
(c) If the state board allows for a transition period as set forth in Arkansas Code § 6-13-1505 and 6 CAR § 232-105(h), and if the new school district created by detachment was formed from an existing school district that is a party to any court-ordered desegregation plan, the state board may allow a reasonable time period, not to exceed one hundred twenty (120) days from the date the presiding court issues all court orders or other relief necessary as set forth in subsection (a) of this section, to allow the existing school district and the new school district created by detachment to develop and present to the state board a written agreement concerning matters set forth in subsection (b) of this section.
(d)
1. (1) In the event that the existing school district and the new school district created by detachment are unable to agree upon any issue regarding the formation of a written agreement concerning detachment or upon the implementation of the final determination of the state board concerning detachment, the school districts shall jointly:
  1. (A) Petition the Commissioner of Elementary and Secondary Education or his or her designee to resolve the matter subject to final determination by the state board as set forth in subsection (e) of this section;
  2. (B) Select a mediator to mediate the matter subject to final determination by the state board as set forth in subsection (e) of this section; or
  3. (C) Petition the state board to resolve the matter in accordance with subsection (e) of this section.
2. (2) In the absence of an agreement regarding any of the options listed in subdivisions (d)(1)(A) — (C) of this section, the matter will proceed directly to the state board for resolution in accordance with subsection (e) of this section.
(e) The state board shall make the final determination concerning the distribution of real and personal property, assets, liabilities including debt, duties, and responsibilities for the:
1. (1) Existing school district; and
2. (2) New school district created by detachment.