2019 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 20 - Finances
Subchapter 25 - Arkansas Public School Academic Facilities Funding Act
§ 6-20-2511. High-Growth School Districts - Definitions

(a) As used in this section:

• (1) “High-growth school district” means a public school district in which the average daily membership for the public school district in the present school year is four percent (4%) higher than the school year that is two (2) years before the present school year; and

• (2) “Maximum expected millage” means ten (10) mills, representing the maximum number of mills that a public school district is expected to raise to service its bonded indebtedness incurred for academic facilities.

(b) There is established the Academic Facilities High-Growth School District Loan Program under which the Division of Elementary and Secondary Education shall provide an interest-free loan to a high-growth school district in which the mills required to service the bonded indebtedness incurred for academic facilities exceed the maximum expected millage for the high-growth school district.

(c)

• (1) A high-growth school district may apply for an interest-free loan when the high-growth school district has raised the maximum expected millage and the revenue generated from the maximum expected millage is less than the amount required to service the bonded indebtedness incurred for academic facilities.

• (2) The amount of the loan shall be the amount of moneys required for academic facilities less the sum of:

  • (A) The revenues generated by the maximum expected millage; and

  • (B) The state revenue received by the high-growth school district under the Academic Facilities Partnership Program.

• (3) The high-growth school district shall apply for the loan from the Revolving Loan Fund, subject to §§ 6-20-801 -- 6-20-816.

(d)

• (1) When the revenue required to service the bonded indebtedness incurred for the high-growth school district's academic facilities is less than the revenue generated by maximum expected millage, the high-growth school district shall repay the loan.

• (2)

  • (A) The high-growth school district shall make annual payments to the state in the amount of:

    • (i) The revenue generated by the high-growth school district's millage up to the amount of the revenues generated from the maximum expected millage for the year; less

    • (ii) The revenue required to service the high-growth school district's bonded indebtedness for academic facilities.

  • (B) The payments under this subsection shall continue until the loan is paid in full.

• (3) During the time that the loan to the high-growth school district is in repayment, the high-growth school district:

  • (A) Shall use all revenues generated below the maximum expected millage to repay the loan;

  • (B) Shall not issue refunding bonds or refunding certificates, as provided under § 6-20-815; and

  • (C) Shall not otherwise change the amount of revenues available to repay the loan without the prior approval of the Division of Elementary and Secondary Education.

(e) Within a reasonable time after its receipt, each application under subsection (c) of this section shall be examined by the Division of Elementary and Secondary Education in accordance with rules established by the State Board of Education as to the accuracy of the answers contained therein.

(f)

• (1) After considering the merits of each application, the Division of Elementary and Secondary Education may, in its discretion, approve the application for the full amount of the proposed loan, approve the application for a loan of a lesser amount than the amount requested, or disapprove the application.

• (2) Before approving the application, the Division of Elementary and Secondary Education shall make a determination that the total space available in the high-growth school district is less than the amount needed to accommodate the growth of students.

(g) The Commission for Arkansas Public School Facilities and Transportation shall adopt rules to implement the program established by this section.

(h)

• (1) The commission shall annually determine which school districts qualify as high-growth school districts under this section.

• (2) Annually, by November 1, the commission shall prepare a list of the qualified school districts and:

  • (A) Submit the list to the House Committee on Education and the Senate Committee on Education; and

  • (B) Post the list on the website of the Division of Public School Academic Facilities and Transportation.