(a) Unless otherwise approved by a unanimous vote of the board of directors of the resulting district, the fund balances of any school district that is consolidated, annexed, or otherwise reorganized shall be used by the resulting district solely for the construction of facilities or the operation, maintenance, or support of the schools that were located in the affected district from which the fund balance was derived if any of the facilities of the affected district from which the fund balance was derived remain open.
(b) The provisions of this section shall not apply if the consolidation or annexation is because of the school district's failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.
Structure Arkansas Code
Subtitle 2 - Elementary and Secondary Education Generally
Subchapter 14 - Consolidation, Annexation, and Formation
§ 6-13-1402. Consolidation and annexation authority
§ 6-13-1403. Conditions under which State Board of Education may annex school districts
§ 6-13-1404. Conditions under which State Board of Education may consolidate school districts
§ 6-13-1407. Creation of school district — When part of school district taken
§ 6-13-1408. Annexation or consolidation not to negatively impact state-assisted desegregation
§ 6-13-1409. State Board of Education
§ 6-13-1410. Appeal and election
§ 6-13-1411. Use of fund balances
§ 6-13-1414. Boundary change by State Board of Education
§ 6-13-1415. Involuntary consolidation or annexation — Effective date — Interim board of directors
§ 6-13-1416. Voluntary consolidation or annexation — Effective date — Interim board of directors