(a)

1. (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:

   1. (A) All unused or underutilized public school facilities in the school district; and
   2. (B) The unused or underutilized public school facilities, if any, that are designated in the district’s facilities master plan to be reused, renovated, or demolished as part of a:

(i) Specific committed project; or

1. (ii) Planned new construction project.
2. (2) The annual report shall be submitted in a format prescribed by the division through the master plan tool.

3. (3) Note.

   1. (A) If a public charter school believes that a particular public school facility is unused or underutilized, the public charter school may bring this to the division’s attention by notifying the Director of the Division of Public School Academic Facilities and Transportation by email on or before February 1 to afford the division sufficient time to consider the assertion.
   2. (B) The public charter school has no right of appeal from the division’s determination, however, as the applicable law does not provide an appeal right.

(b)

1. (1) On or before March 1 of each year, the division shall:

   1. (A) Identify any public school facility or other real property as unused or underutilized if:

      1. (i) A facility or other real property falls within the definition in 6 CAR § 323-101(15); and
      2. (ii) The school district fails to identify it in the district’s annual report;
   2. (B) Publish a list on its website identifying all unused or underutilized public school facilities on or before March 1 of each year; and
   3. (C) Notify any affected school district in writing (via email or otherwise) of the identification prior to the publication of the list required in subdivision (b)(1)(B) of this section.

2. (2) If the division is in possession of information prior to March 1 that a public school facility is unused or underutilized but fails to place the facility on the list, it shall place the facility on the list within ten (10) working days after the division discovers the error.

   1. (c)
3. (1) A school district may appeal an identification made by the division under subsection (b) of this section to the Commission for Arkansas Public School Academic Facilities and Transportation pursuant to the procedures set forth in Appeals from Determinations of the Division of Public School Academic Facilities and Transportation, 6 CAR pt. 320.
4. (2) If a school district submits to the division a written appeal or written notification of intent to file an appeal, the division will indicate on its website that an appeal is pending.
5. (3) The submission of a written appeal or written notification of intent to file an appeal by a school district under this section will toll the sixty (60) day period set forth in 6 CAR § 323-103(c) until the appeal is resolved.
6. (4) A written appeal or written notification of intent to file an appeal will be considered submitted by the school district upon receipt by the Department of Education, Office of General Counsel, with a copy to the division.
7. (5) The submission of a written notification of intent to appeal does not alter the timeline for appealing an identification under Appeals from Determinations of the Arkansas Division of Public School Academic Facilities and Transportation, 6 CAR pt. 320.