(a) The Commission for Arkansas Public School Academic Facilities and Transportation shall classify a public school or school district as being in academic facilities distress if the Division of Public School Academic Facilities and Transportation recommends and the commission concurs that the public school or school district has engaged in actions or inactions that result in:
(1) Any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, including, but not limited to:
- (A) Material failure to properly maintain academic facilities in accordance with state law and rules adopted by the commission;
- (B) Material violation of local, state, or federal fire, health, or safety code provisions or laws;
- (C) Material violation of applicable building code provisions or laws;
- (D) Material failure to provide timely and accurate facilities master plans to the division;
- (E) Material failure to comply with state law governing purchasing, bid requirements, or school construction-related laws or rules in relation to academic facilities projects;
- (F) Material default on any school district debt obligation; or
- (G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district master plan; and
- (2) Any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district.
- (b) The division shall provide written notice, via certified mail, return receipt requested, to the president of the school board and the superintendent of the school district identified or containing a school identified by the division as being in facilities distress.