Arkansas Department of Education Division of Elementary and Secondary Education Master Plan Facilities Utilization

Memo Information

Memo Number
FT-19-003
Memo Date
1/9/2019
Memo Type
Regulatory
Unit
Facilities & Transportation
Regulatory Authority
A.C.A. ยง 6-21-815 and 6-21-816
Response Required
NO
Attention
Superintendents

Primary Contact Information

Memo Text

A.C.A. § 6-21-815(b) states "Annually by March 1, the Division of Public School Academic Facilities and Transportation (Division) shall publish a list on its website identifying all unused or underutilized public school facilities".

 

The Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing Right of Access to Unused or Underutilized Public School Facilities and the Sale or Lease of Public School Facilities (December 31, 2018) (Rules) for A.C.A. § 6-21-815 and 6-21-816 have been promulgated and published on the Division website:

 

http://arkansasfacilities.arkansas.gov/facilities/rules-and-regulations-facilities

 

On January 3, 2019, the published list (March 1, 2018) was revised and reposted on the Division website.  The revised report contains an additional facility added per the new Rules.  The report contains both public school facilities and other real property, sorted by school district.

 

http://arkansasfacilities.arkansas.gov/reports/unusedunderutilized-building-list

 

Each school district administration should review applicable Statutes and Rules, including but not limited to, the aforementioned Rules and the Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing the Facilities Master Plan (December 31, 2018) to ensure the district has a thorough understanding of the requirements regarding their unused/underutilized facilities which include all the school district’s campuses, all buildings, and other real property.  The Division encourages the district to consult with its attorney and auditor to ensure the district is advised appropriately.

 

The Rule includes Sections:

 

1.00    Regulatory Authority

2.00    Definitions

3.00    Reporting and Identification of Unused or Underutilized Public School Facilities

4.00    Right of Access

5.00    Petitions to the Commission

6.00    Duties of Public Charter School and School District upon Sale or Lease

7.00    Securing Vacant Public School Facilities

8.00    Enforcement

 

Questions should be directed to Murray Britton.

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