§ 6-13-1405 - Effective date of annexation or consolidation. - Arkansas Statutes

6-13-1405. Effective date of annexation or consolidation.

(a) Upon consolidation or annexation of a school district by the State Board of Education:

(1) The effective date of the annexation or consolidation shall be the July 1 following the state board action unless otherwise determined by the state board;

(2) The state board shall prescribe the number of members of the board of directors of the resulting or receiving district and prescribe the method of forming the board of directors of the resulting or receiving district;

(3) The consolidation or annexation plan adopted by the state board shall be filed with the county clerk of each county that contains territory or a portion of the territory of each affected school district;

(4) All terms and conditions of the consolidation shall be as set forth by the state board and shall be binding on the school districts and the respective boards of directors; and

(5) (A) (i) The state board shall afford the local school districts in a consolidation thirty (30) days to establish an interim local board to govern the resulting district pursuant to 6-13-1406 until the next school election.

(ii) If the consolidation is under 6-13-1602, the resulting districts shall establish an interim board by May 31 immediately preceding the effective date of consolidation.

(B) If the local school districts fail to establish an interim board, the state board shall appoint an interim local board to serve until the next elected board assumes office.

(C) (i) The interim board shall be made up of board members from the boards of directors of the affected districts.

(ii) The proportion of board members from each of the affected districts shall be equal to the proportion of the student population in the resulting district that came from each affected district.

(b) Upon a petition for consolidation or annexation:

(1) Consolidation shall be the July 1 following the order of the state board directing the annexation or the consolidation, unless the state board determines otherwise;

(2) Each board of directors of the affected districts by majority approval of the members of the local board of directors may enter into a written agreement executed by the former president and secretary of each district. The agreement shall prescribe the date of the annexation of the affected district or districts to the receiving district or the formation of the resulting district from consolidation of affected districts;

(3) The agreement shall also prescribe the number of members of the board of directors of the resulting district as allowed by law; and

(4) An executed copy of the agreement shall be filed with the county clerk of each county that contains territory or a portion of the territory of each affected district.