§ 6-13-1413 - Board of directors after consolidation -- Term -- Election. - Arkansas Statutes

6-13-1413. Board of directors after consolidation -- Term -- Election.

(a) Notwithstanding any other provision of law, school districts that consolidate after January 1, 2005, under Acts 2003 (2nd Ex. Sess.), No. 60, and that opt to follow the procedures in this section or school districts that voluntarily consolidate and opt to follow the procedures in this section shall form an interim board of directors as provided by 6-13-1405(a)(5) and 6-13-1406(b).

(b) In lieu of electing a new board of directors at the next regular school election, the members of the interim board of directors created under subsection (a) of this section shall determine their terms by drawing lots so that no more than three (3) members' terms expire during any one (1) year with no fewer than one (1) member's term expiring at the regular school election in the year following the effective date of the consolidation.

(c) (1) Unless the school district is allowed to do otherwise pursuant to 6-13-604, the board of directors of the school district after consolidation shall be composed of five (5) or seven (7) members as determined by a majority vote of the board of directors of the resulting district, and the determination shall be exempt from the requirements of 6-13-604 and 6-13-606.

(2) (A) The board of directors shall be elected from single-member zones if single-member election zones are necessary to comply with the federal Voting Rights Act of 1965, as in effect on January 1, 2005, to ensure the protection of the voting rights of minority populations in school districts. Otherwise, the election may be at large for members of the board of directors whose terms are expiring.

(B) (i) If the board of directors of a school district is to be elected from single-member zones, the school district shall be zoned as necessary to comply with the federal Voting Rights Act of 1965, as in effect on January 1, 2005, and state law.

(ii) The zoning shall be completed no later than one hundred twenty (120) calendar days prior to the second school election following the effective date of the consolidation, at which time the full board of directors shall be up for election.

(C) No sanctions provided by state statutory law, specifically including, but not limited to, the sanctions under 6-13-631(h)(2) or State Board of Education rule, shall be levied against a school district if the deadline for zoning allowed under subdivision (c)(2)(B) of this section is met.

(3) (A) (i) If prior to the consolidation either of the affected districts had been zoned in compliance with the federal Voting Rights Act of 1965, as in effect on January 1, 2005, or state law, the resulting district shall review the makeup and boundaries of the zones and the latest federal decennial census data of the receiving district.

(ii) After the review required under subdivision (c)(3)(A)(i) of this section, the resulting district shall be rezoned as necessary to comply with the federal Voting Rights Act of 1965, as in effect on January 1, 2005, and state law.

(B) Any rezoning under subdivision (c)(3)(A)(ii) of this section shall be completed no later than one hundred twenty (120) calendar days prior to the second school election following the effective date of the consolidation.

(C) No sanctions under state statutory law, specifically including, but not limited to, the sanctions under 6-13-631(h)(2) or State Board of Education rule, shall be levied against a school district if the deadline for rezoning allowed under subdivision (c)(3)(B) of this section is met.

(d) The length of the term of each member of the board of directors after consolidation shall be for a time period as determined by the board of directors and allowed by law.

(e) Any vacancy on the board of directors shall be filled in the manner provided for by law.

(f) The provisions of 6-13-1405 and 6-13-1406 with respect to the election of a board of directors following consolidation shall not be applicable for school districts consolidating under Acts 2003 (2nd Ex. Sess.), No. 60, that follow the procedures in this section or school districts that voluntarily consolidate and opt to follow the procedures in this section. However, the State Board of Education shall allow school districts thirty (30) days to establish an interim local board of directors. If the affected districts fail to establish an interim board of directors as required, the State Board of Education shall appoint an interim local board of directors pursuant to 6-13-1405 or as incorporated in this section by reference.

(g) (1) Notwithstanding any other provisions of law, school districts that consolidated before January 1, 2005, under Acts 2003 (2nd Ex. Sess.), No. 60, may by majority vote of the board of directors opt to return to at-large elections if the school district:

(A) Was required to establish single-member election zones solely because of the requirements of Acts 2003 (2nd Ex. Sess.), No. 60;

(B) Is not or was not required to establish single-member election zones by any state law other than Acts 2003 (2nd Ex. Sess.), No. 60; and

(C) Is not or was not required to have single-member election zones to comply with the federal Voting Rights Act of 1965, as in effect on January 1, 2005.

(2) Any school district opting to return to at-large elections as allowed under this section shall return to an at-large election over a period of time as each individual member's position comes up for election based on the staggered term of office for each board position as established by the local board of directors.