(a) An education service cooperative may appeal to the State Board of Education the identification of fiscal distress under § 6-13-1027.
(b) The education service cooperative may lodge an appeal by filing a written appeal with the Commissioner of Elementary and Secondary Education by certified mail, return receipt requested, within thirty (30) days of the date the education service cooperative received notice of the identification of fiscal distress.
(c) The written appeal shall state in clear terms the reason why the education service cooperative should not be classified as being in fiscal distress.
(d) The state board shall hear the appeal within sixty (60) days of receipt of the written notice of appeal.
(e) Notwithstanding any appeal rights in this section, no appeal shall stay the state board's or the Division of Elementary and Secondary Education's authority to take action to enforce the education service cooperative's compliance with financial management, accounting, auditing, and reporting procedures required by state law or rule or federal law and regulations.
(f)
(1) The decision of the state board on the appeal is a final order.
(2) There is no further right of appeal except to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Structure Arkansas Code
Subtitle 2 - Elementary and Secondary Education Generally
Subchapter 10 - The Education Service Cooperative Act of 1985
§ 6-13-1002. Education service cooperatives established — Functions
§ 6-13-1003. Boundaries — Adjustments
§ 6-13-1004. Requests for establishment of education service cooperative — Requirements
§ 6-13-1005. Alteration of boundaries
§ 6-13-1006. Board of directors
§ 6-13-1007. Executive committee
§ 6-13-1008. Teacher center — Teacher center committee
§ 6-13-1009. Cooperative committees generally
§ 6-13-1011. Personnel generally
§ 6-13-1013. Policies and rules
§ 6-13-1014. Sharing and coordination of activities — Liaison
§ 6-13-1015. Liaison with postsecondary institutions
§ 6-13-1016. Annual surveys and needs assessments
§ 6-13-1017. Programs and services
§ 6-13-1018. Participation of local school districts — Contracts
§ 6-13-1019. Funding of education service cooperatives
§ 6-13-1020. Policies and procedures — Expenditures, reports, and audits
§ 6-13-1021. Evaluations — Performance rating
§ 6-13-1022. Dissolution of education service cooperative
§ 6-13-1023. Technology training center — Technology coordinator
§ 6-13-1025. Mathematics and science resource center — Mathematics and science coordinator
§ 6-13-1026. Cooperatives qualify as local education agencies
§ 6-13-1027. Fiscal distress — Definitions
§ 6-13-1028. Fiscal distress plan
§ 6-13-1029. Fiscal distress actions