Due to the number of telephone calls and e-mails received by the Department in response to the May 2, 2001 memo entitled, "Single-member Voting Zones and Compliance with Act 786 of 1993, Ark. Code Ann. § 6-13-631 (Repl. 1999)", it has been impossible for the legal department to respond to each call or e-mail. As a result, this memo is being issued to provide some general information concerning efforts of the Department is attempting to assist those school districts impacted by the zoning requirements of Ark. Code Ann. § 6-13-631 (Repl. 1999).
The Department will seek to revise the current rules and regulations to change the required reporting date from October 15 of each school year to August 1, 2002 and each decade thereafter as the day school districts are required to certify whether they have created single-member zones or whether a school district is exempt from the zoning requirement. However, school districts should be aware that the change in reporting date likely does not change the statutory time requirement by which the district must create single-member zones (at least ninety (90) days before the annual school election).
Also, the Department has been informed that the Secretary of State's Office is attempting to compile the latest census count information on a per school district basis by mid-week of the week of May 21-25, 2001. As soon as this information is made available, the Department will offer its assistance in making this information available to the districts. This information should help those districts that have not already determined whether they meet the 10 percent (10%) or greater minority population necessary to require the creation of single-member zones pursuant to Ark. Code Ann. § 6-13-631 (Repl. 1999).
For those school districts looking for a demographer to answer zoning questions and provide services in drawing any required single-member zones, the following is a list of names that have been mentioned to the Department:
Secretary of State's Office (Free of charge)
Dr. David England, ASU, Jonesboro (For hire)
Jim Lynch, UALR, Little Rock (For hire)
Jim Wells of WELLCO (For hire)
Northwest Arkansas Planning Commission, Fayetteville (For hire)
Southeast Arkansas Planning Commission, Pine Bluff (For hire)
Center for Advanced Spacial Technology, U of A Fayetteville (For hire)
Finally, the Department will seek an expedited Attorney General Opinion concerning four points: first, whether the proper statutory time requirement for establishing single-member zones is at least ninety (90) days before the September 2001 annual school election or at least ninety (90) days before the September 2002 annual school election; second, whether school districts are to determine if they have a 10 percent (10%) or greater minority population of the total population of the school district or only of the qualified elector population of the school district; third, is the Department required to withhold funding from a school district with 10 percent (10%) or greater minority population, that does not qualify for an exemption, that attempts to divide into single-member zones in the required time but does not receive approval of the single-member zones from the controlling county board of election commissioners prior to the annual school election and, therefore, is out of compliance; and fourth, if the Department is required to withhold funding, from which school year should it be withheld from the school district, the school year of the failure to comply or the school year the district is required to report the noncompliance.
This memo likely does not answer many of your questions or present a solution to many potential zoning issues facing school districts. Please consult your local counsel and demographer of choice for specific factual and legal analysis of issues concerning establishing zones and complying with Ark. Code Ann. § 6-13-631. The Department's legal office will be happy to attempt to respond to questions to assist school districts to the extent we are able to do so.