When a school district is classified by the Commission for Arkansas Public School Academic Facilities and Transportation to be in facilities distress, the Division of Public School Academic Facilities and Transportation may, with the approval of the commission:

1. (1)

   1. (A) Provide on-site technical evaluation and assistance and make recommendations to the district superintendent regarding the care and maintenance of any academic facility in the district.
   2. (B) Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division.

   3. (C) The written recommendations of the division are binding on the:

      1. (i) District;
      2. (ii) Superintendent; and
      3. (iii) School board;

2. (2) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district, and:

   1. (A) Appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Commissioner of Elementary and Secondary Education;
   2. (B) Compensate the individual operating the school district from school district funds; and
   3. (C) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law;
3. (3) Suspend or remove some or all of the current board of directors and call for the election of a new school board for the school district, in which case the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;

4. (4)

   1. (A) Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under Arkansas Code § 6-13-620 or any other applicable law but allow the public school district board of directors to continue to operate under the direction and approval of the Commissioner of Elementary and Secondary Education.
   2. (B) The commission shall define the powers and duties of the public school district board of directors under this section.
   3. (C) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education;

5. (5) Require the school district to operate without a local school board under the supervision of:

   1. (A) The local superintendent; or
   2. (B) An individual or panel appointed by the Commissioner of Elementary and Secondary Education;

6. (6) Waive the application of Arkansas law or the corresponding State Board of Education or commission rules with the exception of:

   1. (A) Special education programs as provided in Title 6 of the Arkansas Code;
   2. (B) Conducting criminal background checks for employees as provided in Title 6 of the Arkansas Code; and

   3. (C) Health and safety codes as established by:

      1. (i) The State Board of Education;
      2. (ii) The commission; and
      3. (iii) Local governmental entities;
7. (7) In the absence of a school district board of directors, direct the Commissioner of Elementary and Secondary Education to assume all authority of the board of directors as may be necessary for the day-to-day governance of all school district systems;
8. (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school;
9. (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified school district;

10. (10) Return the administration of the school district to the former board of directors, or place the administration of the school district in a newly elected school board of directors (with the school district to reimburse election costs) if:

    1. (A) The division certifies in writing to the commission and to the school district that the school district has:

       1. (i) Corrected all issues that caused the classification of facilities distress; and
       2. (ii) Not experienced any additional indicators of facilities distress; and
    2. (B) The commission determines the school district has corrected all issues that caused the classification of facilities distress;
11. (11) Require school district staff and employees to attend training in areas of concern for the public school or school district;

12. (12)

    1. (A) Require a school district to cease all expenditures related to activities not described as part of an adequate education in Arkansas Code § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project.
    2. (B) School districts shall include a clause addressing this contingency in all contracts with personnel who are involved with activities not described as part of an adequate education;
13. (13) Notify the public school or school district in writing that the deficiencies regarding academic facilities shall be corrected within a time period designated by the division;

14. (14) Petition the State Board of Education at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as allowed by law in order to:

    1. (A) Secure and protect the best interest of the educational resources of the state; or
    2. (B) Provide for the best interests of students in the district;
15. (15) Correct the failure of the school district to complete its agreed plan or to pass the millage in the special election as described in 6 CAR § 325-105 of this part by contracting for and completing the necessary improvements under the agreed plan;

16. (16) If the academic facilities in the public school district in facilities distress are inadequate to provide an adequate education, recommend that the State Board of Education:

    1. (A) Dissolve the school district; and
    2. (B) Transfer students to public schools in other public school districts; and

17. (17) Take any other action allowed by law that is deemed necessary to:

    1. (A) Assist a public school or school district in correcting the issues that caused the classification of facilities distress;
    2. (B) Secure and protect the best interest of the educational sources of the state; or
    3. (C) Provide for the best interest of students in the school district.