(a) Within ten (10) days of a school district’s failure to pass a millage required to fulfill its obligations under its master plan, the Division of Public School Academic Facilities and Transportation shall provide written notice to the school district of the date, time, and place for a conference with the school district at which the division will:

1. (1) Determine whether as a result of the failed millage there are facilities issues relating to immediate repairs, the presence and number of suitability needs of public school academic facilities, or an immediate need for academic facilities to meet student growth; and
2. (2) Thoroughly discuss and explain the sanctions and requirements that are available to the Commission for Arkansas Public School Academic Facilities and Transportation if the school district or a school within the district is classified by the commission as being in facilities distress under Arkansas Code §§ 6-21-811 and 6-21-812.

(b) The written notice required under subsection (a) of this section shall be provided via certified mail to the:

1. (1) President of the school board; and
2. (2) Superintendent of the school district.

(c)

1. (1) If the commission determines that there are immediate repairs, growth, or suitability issues that require expedited attention, the commission may direct the school district to conduct a special election to vote on a millage increase.
2. (2) The special election shall include only those issues that are mutually agreed upon between the division and the school district.
3. (3) The special election date shall be mutually agreed to by the division and the school district and shall not be later than seven (7) months after the date of the election at which the millage failed unless it is necessary to extend the date beyond seven (7) months because of restrictions on the number of elections that may be held within a calendar year.