6 CAR § 323-103 – Right of access

(a) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district.
(b) Once the Division of Public School Academic Facilities and Transportation identifies a public school facility or other real property as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of:
1. (1) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or
2. (2) If the public school facility or other real property has already been designated in the school district’s facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility.
(c) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, unless the school district has appealed the division’s identification under 6 CAR § 323-102(c) (which tolls the sixty-day period until the appeal is resolved), the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value in accordance with 6 CAR § 323-104.
(d) If a public school facility or other real property has been identified by the division as an unused or underutilized public school facility, or if a school district decides to sell, lease, or otherwise transfer ownership of an academic facility, the school district may sell, lease, or otherwise transfer ownership to a third party other than an open-enrollment public charter school only in a manner consistent with Arkansas Code § 6-21-816.
(e) Nothing in this part shall be construed to delay or limit the authority of a school district to sell, lease, or otherwise transfer a public school facility or other real property to a public charter school on terms agreed to by the school district and public charter school in a manner consistent with Arkansas Code § 6-21-816.