6 CAR § 320-101 – Purposes of rules, burden of proof, and definition of terms

(a) The first purpose of this part is to implement the requirements of Arkansas Code §§ 6-21-801– 6-21-815 to provide a method by which school districts may appeal decisions made by the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation.
(b) The second purpose of this part is to implement the requirements of Arkansas Code § 6-21-816 to provide a method by which a school district or public charter school may appeal a decision made by the division to the commission related to a waiver request.
(c) The third purpose of this part is to implement the requirements of Arkansas Code §§ 6-20-2512, 6-20-2513, and 6-20-2516 to provide a method by which school districts may appeal decisions made by the division to the Academic Facilities Review Board as well as from decisions made by the board to the commission.
(d) For the purposes of all appeals brought pursuant to this part, the appealing party shall have the burden of proving that the division’s written determination is:
1. (1) Not supported by substantial evidence; or
2. (2) Outside the legal authority vested in the division.
(e)
1. (1) For the purposes of this part, the term “substantial evidence” means relevant evidence that a reasonable mind might accept to support a conclusion.
2. (2) Substantial evidence is not based upon speculation and conjecture.
3. (3) A review of substantial evidence is not based upon whether the facts would have supported a contrary finding by the division, but whether the facts supported the finding made by the division.
(f) As used in this part, the term “public charter school” has the same meaning as in Arkansas Code § 6-21-815.
(g) As used in this part, the term “school district”:
1. (1) Does not include a “public charter school” as defined in Arkansas Code § 6-21-815; and
2. (2) Includes a “conversion public charter school” as defined in Arkansas Code § 6-23-103(5).