ADE Director's Communication Memo Form

Memo Number : COM-10-005

Date Created : 07/14/2009


Co-op Directors

Type of Memo: Informational
Response Required: Optional
Section:   Facilities and Transportation - Douglas Eaton, Director
School District Leased Facilities

Regulatory Authority:
Act 1473 of 2009

Contact Person:
Doug Eaton

Phone Number:


Act 1473 of 2009 amends Arkansas Code Title 6, Chapter 21 by adding an additional section; 6-21-117.

Leased academic facilities.
An academic facility leased by a school district shall:

(1) Not be entitled to facilities program funding under § 6-20-
2502(2)(B); (Arkansas Public School Academic Facilities Funding Act)

(2) Conform to the school facility standards defined in the
Arkansas School Facility Manual;

(3) Be inspected by the Division of Public School Academic
Facilities and Transportation to ensure that the facility complies with
required academic facility standards prior to the execution of a lease or a renewal of an existing lease;

(4) Be eligible for a waiver commensurate with the Arkansas
School Facility Manual granted by the Commission for Arkansas Public School Academic Facilities and Transportation; and

(5) Be exempt from the academic facility standards for the
duration of the replacement of an academic facility that is lost due to a
catastrophic event if the leased academic facility is used solely for the
purpose of providing an academic facility.

Additionally, Ark. Code Ann. § 6-21-803(1) concerning the definition of “Academic Facility” was amended to read: (Arkansas Public School Academic Facilities Program Act).

(E) A leased facility shall not be considered an academic facility for the purpose of this subchapter.

The “leased facilities” referred to in these code changes are those facilities under a long term lease, (over 6 months), leased by a school district for academic purposes, where any component of an adequate education is conducted. Short term leases, (under 6 months), to conduct special events or temporary relocations are not required to be reported.

The Division will be developing a schedule of required leased facility inspections. To assist in this matter, it is requested that school districts provide to the Division a listing of all leased facilities in the format shown on the enclosed attachment. The listing should only include “permanent” facilities. Portable, modular buildings and buildings used for non-academic purposes are not required to be reported, nor will the facility be scheduled for inspection.

It is requested that the list of leased facilities be forwarded, electronically, to the Division by September 11, 2009. School districts not leasing facilities for academic purposes are requested to submit an electronic message indicating a negative report. Reports are to be sent to the attention of


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