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
§ 6-20-2516. Academic Facilities Review Board

(a) There is established the Academic Facilities Review Board to hear the appeal filed by a public school district under § 6-20-2513(a) of a determination of the Division of Public School Academic Facilities and Transportation.

(b)

• (1) The board is composed of five (5) members appointed by the Governor and subject to confirmation of the Senate as follows:

  • (A)

    • (i) One (1) member who is a licensed building contractor with five (5) years or more of experience in public school construction.

    • (ii) The Governor shall consult the Arkansas chapter of the Associated General Contractors of America before making an appointment under subdivision (b)(1)(A)(i) of this section;

  • (B)

    • (i) One (1) member who is a registered architect with at least five (5) years of experience in public school design.

    • (ii) The Governor shall consult the Arkansas chapter of the American Institute of Architects before making an appointment under subdivision (b)(1)(B)(i) of this section;

  • (C)

    • (i) One (1) member who is a licensed or registered engineer with at least five (5) years of experience in public school construction.

    • (ii) The Governor shall consult the American Council of Engineering Companies of Arkansas and the Arkansas Society of Professional Engineers before making an appointment under subdivision (b)(1)(C)(i) of this section; and

  • (D)

    • (i) Two (2) members who are selected from the public at large.

    • (ii) The Governor shall consult the Arkansas Association of Educational Administrators and the Arkansas School Boards Association before making an appointment under subdivision (b)(1)(D)(i) of this section.

• (2) A member of the board shall be a resident of this state at the time of appointment and throughout the member's term.

• (3) A member of the Commission for Arkansas Public School Academic Facilities and Transportation shall not serve as a member of the commission while serving as a member of the board.

(c)

• (1)

  • (A) Each member of the board shall serve a term of three (3) years.

  • (B) The initial members shall draw lots for staggered terms.

• (2) The Governor shall appoint any qualified person to fill a position that is vacated before the expiration of a member's term.

(d)

• (1) The Governor shall designate one (1) member to serve as chair of the board at its organizational meeting.

• (2) The chair or the chair's designee shall call an organizational meeting within twenty (20) calendar days after the Governor has appointed all members of the initial board.

• (3) At the organizational meeting, the members of the board shall elect a chair, who shall serve as chair for one (1) year.

• (4) Annually after the organizational meeting, the board shall elect a new chair.

(e)

• (1) The board shall meet upon the call of the chair when a hearing is requested by a public school district, but a meeting shall not be held outside of this state.

• (2) All action of the board shall be by a majority vote of the quorum present at a meeting.

• (3) A majority of the members of the board shall constitute a quorum for the purpose of transacting business.

(f) The Division of Elementary and Secondary Education shall provide staff support for the board's activities.

(g)

• (1) Members of the board shall serve without pay.

• (2) Members of the board may receive expense reimbursement in accordance with § 25-16-902, to be paid by the Division of Elementary and Secondary Education to the extent money is available for that purpose.

(h) The board shall establish policies and procedures for conducting hearings and appeals.

(i)

• (1) Following the hearing at which all testimony and evidence are presented, the board shall make a final determination accepting, rejecting, or modifying the determination of the Division of Public School Academic Facilities and Transportation.

• (2) Within ten (10) business days, the board shall provide to the appellant public school district and to the Division of Public School Academic Facilities and Transportation a notice of the board's final determination.

• (3)

  • (A) If the board's final determination will result in a greater level of state financial participation in a project than previously authorized by the Division of Public School Academic Facilities and Transportation, the board's final determination shall be reviewed by the commission in accordance with procedures developed by the commission.

  • (B) A decision of the commission resulting from a review of a decision of the board under this section is final and is not subject to:

    • (i) Further appeal to the commission;

    • (ii) Request for rehearing by the commission; or

    • (iii) Petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.