VOLUME 49 • ISSUE 6 DECEMBER 2023/JANUARY 2024
THE
ADMINISTRATOR
TABLE OF CONTENTS
Dr. Hernandez examines the importance of communicating needs and demands.
CHRISTMAS WISH FOR ARKANSAS ADMINISTRATORS
President’s Perspective • P. 4
Dr. Neathery sends her holiday well-wishes.
CoSN Update • P. 4
Executive Viewpoint
President’s Perspective
WE WISH YOU A MERRY CHRISTMAS
Page 3
Page 4
Executive Viewpoint • P. 3
Asked & Answered • P. 5 Compliance Connection • P. 5
ADMINISTRATOR SPOTLIGHT: VALERIE KING In the Spotlight this month is Valerie King, Director of Academic Support and Gifted Programs for the Siloam Springs School District. Page 7
Awards • P. 6 Administrator Spotlight • P. 7 Upcoming Events • P. 9 Salary Survey • P. 11 Job Openings • P. 14 Publication Sneak Peek • P. 15
AAEA Staff
2023-2024 Calendar of Events
Dr. Mike Hernandez Executive Director m.hernandez@theaaea.org
January
Mike Mertens Assistant Executive Director m.mertens@theaaea.org
Lenett Thrasher Director of Learning Services & Operations l.thrasher@theaaea.org Sharon Chuculate Fiscal Services Coordinator s.chuculate@theaaea.org
Sarah Shamburger Business Manager s.shamburger@theaaea.org Alyse Mattox Communications & Technology Specialist a.mattox@theaaea.org Melanie Thrasher Business Analyst m.thrasher@theaaea.org
Lana Webb Administrative Specialist l.webb@theaaea.org
Rachel Blocker Administrative Assistant r.blocker@theaaea.org
1
AASA Superintendent Symposium, January 10-11, 2024 DoubleTree Hotel, Little Rock AACIA Conference, January 23, 2024 Benton Event Center TEL-AR Conference, January 31 - February 1, 2024 Wyndham Riverfront, North Little Rock
February AASBO Conference, February 7-8, 2024 Hot Springs Convention Center ArkASPA Spring Conference, February 22, 2024 Wyndham Riverfront, North Little Rock
April Women in Leadership Conference, April 3-4, 2024 Robinson Center & Doubletree Hotel, Little Rock CASBO Certification Classes, April 23-24, 2024 DoubleTree Hotel, Little Rock
May AAFC Spring Conference, May 1-3, 2024 Hot Springs Convention Center AAEA/ASBA Joint Conference, May 7, 2024 Wyndham Riverfront, North Little Rock
June AASEA Conference, June 10-11, 2024 Benton Event Center
For more information, visit theaaea.org/events.
2023-2024 AAEA Board of Directors Dr. Karla Neathery AAEA President Superintendent, Sheridan
Stacy DeFoor AAEA President-Elect Assistant Superintendent, Benton
Charles Warren AAEA Board Secretary Chief Financial Officer, Fort Smith
Brian Kirkendoll AAEA Past President Principal, Alma
Dr. Andrea Martin AASA President Superintendent, Greenland
Kelvin Gragg AASA President-Elect Assistant Superintendent, Pine Bluff
Dr. Debbie Bruick-Jones AASA Secretary Superintendent, Bentonville
Shawn Rose AAESP President Principal, Hillcrest
Steven Helmick AAESP President-Elect Principal, Little Rock
Carol Skiba AAESP Past President Principal, Cabot
Amy Marek AASSP President Principal, Hazen
Dr. Jason Reeves AASSP President-Elect Assistant Principal, Alma
Matt Ziegler AASSP Past President Principal, Riverside
Rebecca Rosburg ArkASPA President Assistant Superintendent for HR/Federal Programs, Hot Springs
Lisa Hotsenpiller AACTEA President Director of Career & Technical Education, Fayetteville
Dr. Dana Brown AAFC President Assistant Superintendent of Administrative Services, Mountain Home
Kelsey Bailey AASBO President Chief Financial Officer, Little Rock
Melody Crane AASBO Past President Business Manager/District Treasurer, Hector
Valerie King AAGEA President Director of Gifted Programs, Siloam Springs
Natalie Gosdin Ellen Phipps AASEA President AACIA President Director of Special Education, Curriculum Director, Ouachita Searcy
Craig Dupuy Greg Collins Jason Brunner ASPMA President (until Oct) ASPMA President (begin Oct) AAMLA President Assistant Superintendent, Maintenance/Facilities Assistant Principal, Bentonville Benton Supervisor, Dover Jarod Morrison TEL-AR President Director of Maintenance/ Technology, Farmington
Dr. Mike Hernandez AAEA Executive Director
2023 AAEA Corporate Sponsors Prestigious
American Fidelity Assurance Co. Cognia Coryell Roofing and Construction, Inc. Curriculum Associates Educational Benefits, Inc. GoSchoolBox Lifetouch National School Studios, Inc. NIET - National Institute for Excellence in Teaching Performance Services Pro Benefits Group, Inc. Renaissance Learning, Inc. School Responder Solution Tree, Inc.
Distinguished
Apptegy Capturing Kids’ Hearts Lexia Learning Pearson Virtual Schools
Diamond
Allovue Arkansas Public Safety Solutions Baldwin & Shell ClassWallet
Diamond (Continued)
Defined Learning Edmentum Education Elements Energy Systems Group ESS First Security Beardsley Imagine Learning Just Right Reader Middleton, Inc. OnToCollege SmartData Dashboard Stephens, Inc. Tanium White River Services and Solutions Winsor Learning
Platinum
AAMSCO Architecture Plus, Inc. C.R. Crawford Construction, LLC Cromwell Architects Engineers DotCom Therapy, Inc. Entegrity Energy Partners, LLC Legacy Construction Management Nabholz Construction Corp.
Platinum (Continued)
Northwest Evaluation Association (NWEA) Polk Stanley Wilcox Architects Progressive Technologies TRANE US, Inc.
Gold
CDI Contractors Cynergy Rehab Group Goalbook Houghton Mifflin Harcourt IXL Learning Kinco Constructors, LLC Phoenix Contractors, LLC Red Comet TIPS - The Interlocal Purchasing System Zaner-Bloser
Silver Adleta American Bus Sales, Inc. Correll, Inc. French Architects, PA Hight-Jackson Associates, PA SEAS 2
Executive Viewpoint Dr. Mike Hernandez, AAEA Executive Director
WE WISH YOU A MERRY CHRISTMAS The staff at AAEA are very grateful for all the work of our school administrators across the state and every teacher, bus driver, custodian, and many other staff members. These people make school happen for the over 476,000 students in our state. Anybody in a car traveling with me in December can tell you that I am not a massive fan of Christmas music. Still, my regular radio stations love to sneak one in occasionally. I then find myself singing along before I catch myself and quickly change the station. Recently, I was accidentally listening to We Wish You A Merry Christmas. I never realized how demanding carolers were to get their "Figgy Pudding." Administrators often have many demands from staff, parents, community members, and other stakeholders. Sometimes, you may question their needs, just like I would question someone wanting to eat figgy pudding, but people want what they want. I am thankful that you rise to the occasion to meet the job's demands. Our state needs you, and our students need you! Just like stakeholders have their demands, school leaders must make their demands known clearly and consistently to have their needs met as part of providing a quality education. Our city, county, state, and federal leaders must hear and understand the issues schools face daily. You must be able to communicate the problems in a way that compels them to want to listen and take action. You should also expect to provide solutions to each problem that is raised. The times between legislative sessions are excellent opportunities to invite leaders to your schools and build relationships. These are also great places to outline some of your key barriers to educating students. Many have done a great job of this during September and other encounters throughout the fall semester. Also, be sure to share these with AAEA so we can support your efforts. Another essential action is promoting what your school district is doing to support students and the community. Social media is saturated with negative stories about almost any topic. In contrast, I love seeing all the positive reports from our schools. High ACT scores, school play performances, athletic accomplishments, highlighting staff and boards, and additional academic opportunities are a few examples. A positive story is how you push back on the narrative that schools are not doing what they need to do for students. If parents have wide-open choices, be sure you are always the top choice. Consider adding student voices to the mix as you promote your school. The next big legislative event will be the Fiscal Session which will start on April 10, 2024. Budget hearings begin in March. There may be some education-related items, such as dealing with cooperative purchasing codes, but nothing concrete has risen. The adequacy study will kick off in Joint Education in January. The study is where funding and expenditures will be reviewed to determine what funding levels will be provided in FY26 and FY27. A push to change the funding formula is being discussed. This may be modeled after the Tennessee TISA model. We are actively studying this model and advocating for legislators to include practitioners in any meetings or modeling of these changes. We hope that more will be included as we get into January. Changing the funding model without substantial input from all parties could be a difficult proposition for everyone. As you have local visits with your elected officials, remember to bring up the funding model changes and ask to be part of the process. Thank you for everything you do for students. "Good tidings we bring to you and your kin. We wish you a Merry Christmas and a Happy New Year!" 3
President’s Perspective Dr. Karla Neathery, AAEA Board President
CHRISTMAS WISH FOR ARKANSAS ADMINISTRATORS Dear Arkansas Administrators, Merry Christmas! I hope you have a wonderful holiday season filled with joy, peace, and love. I know that being an educational leader is a demanding job, and that you often put in long hours to make sure that the students and teachers of Arkansas are successful. I want to thank you for your dedication and commitment to our children. You are more than just leaders. You are mentors, role models, and friends. You help our children to grow and learn, not only academically, but also socially and emotionally. You make a difference in their lives every single day. This Christmas, I wish you all the best. I hope you have a chance to relax and recharge, and to spend time with your loved ones. May the holiday season bring you joy, peace, and happiness. Merry Christmas!
CoSN: Support for Technology Administrators CoSN is a great resource for school technology administrators. Check this page monthly for links to articles to assist technology leaders as they navigate through digital learning transformations.
Click Here to Read About This Month’s Topics • EmpowerED Superintendent edLeader Panel Broadcast Series • The EmpowerED Superintendent Toolkit • Critical Focus Area: Issue One-Pagers • Creating Effective Responsible Use Policies for Schools • Self-Assessments • Financing Technology Innovations - Strategies and Tools • CoSN 2024 Annual Conference, "Leading for Innovation: At Warp Speed" • CoSN Membership 4
Asked & Answered Mike Mertens, AAEA Assistant Executive Director
I frequently get questions regarding the ethics laws. This month was no exception. The question was whether or not a district could hire an administrator's son for a classified position. This is permissible if this is an employment contract, since the board would be approving the hire. If this is a purchased service where the administrator's son invoices the district for the work they did for the district, any $$ amount has to be approved by DESE. If a purchased service, the process of contract disclosure and board resolution applies. The rules governing Ethical Guidelines and Prohibitions for Educational Administrators, Employees, Board Members and Other Parties can be found HERE. Also, these rules include forms that can be used for contract disclosures and board resolutions.
If you have questions for Mike, email him at m.mertens@theaaea.org.
Compliance Connection Carryovers and Grace Periods: Avoid Losing Unused FSA Funds Submitted by Ginger Huff, Arkansas State Manager, American Fidelity Assurance Co. A flexible spending account (FSA) allows you to use tax-free money for eligible medical or dependent care expenses. While FSAs must adhere to the “useor-lose” rule, employers may offer one of two options to help you avoid having to forfeit your unused funds: • A grace period of up to 2.5 months (ex. January 1 to March 15) to spend the remaining funds • Carrying over a maximum of $610 of unused funds at the end of the year (as of 2023) The 2024 carryover maximum is $640 However, employers cannot offer both, and some plans may not allow either option. This is why it's important to plan carefully and not put more money in your FSA than you think you'll spend within a year. Types of FSAs Let’s briefly review the three different types of FSAs and how they can be used: Healthcare Flexible Spending Accounts (HCFSAs) allow you to use pre-tax dollars to pay 5
for eligible medical expenses, including dental and vision expenses. Limited Purpose Flexible Spending Accounts (LPFSAs) are similar to HCFSAs, but they can only be used for eligible dental and vision expenses. LPFSAs can be paired with a health savings account (HSA) to help cover additional medical costs. Dependent Care Accounts (DCAs) are used to pay for eligible dependent care expenses. This includes care for children under 13, as well as elderly parents. It may also help pay for medical expenses for dependents with disabilities. Carryovers are not allowed for DCAs, and some plan providers may not offer grace periods. Things to consider before the end of the plan year Are you considering taking advantage of the grace period or carrying over your unused funds to the next year? Read the full the article here for tips and considerations to keep in mind.
Awards Kristen Barnett 2024 AAESP Assistant Principal of the Year Kristen Barnett, Assistant Principal at Greenbrier Eastside Elementary School in the Greenbrier School District, was recently named the 2024 Arkansas Association of Elementary School Principals (AAESP) Assistant Principal of the Year. Mike Mertens, AAEA Assistant Executive Director, Lenett Thrasher, AAEA Director of Learning Services and Operations, Scott Spainhour, Superintendent of Greenbrier Public Schools, and Dr. Kelli Martin, Deputy Superintendent of Greenbrier Public Schools, presented Mrs. Barnett with the award during Greenbrier Literacy Night on December 7.
Thomas Doppe 2024 AASSP Assistant Principal of the Year Thomas Doppe, Assistant Principal of Don Tyson School of Innovation in the Springdale School District, was recently named the Arkansas Association of Secondary School Principals (AASSP) Assistant Principal of the Year. Dr. Mike Hernandez, AAEA Executive Director, presented Mr. Doppe with the award at his school on December 11, 2023.
Erin Hodges 2024 AAMLA Assistant Principal of the Year Erin Hodges, Assistant Principal at Douglas MacArthur Junior High in the Jonesboro School District, was recently named the Arkansas Association of Middle Level Administrators (AAMLA) Assistant Principal of the Year. Dr. Mike Hernandez, AAEA Executive Director, Mike Mertens, AAEA Assistant Executive Director, Jason Brunner, AAMLA President, and Dr. Kim Wilbanks, Superintendent of Jonesboro Public Schools, presented Mrs. Hodges with the award on December 12, 2023.
Scholarships Available! AAEA and our Constituent Groups are proud every year to offer a number of scholarships to students in Arkansas. Applications are available online at theaaea.org/page/scholarships. 66
Administrator Spotlight:
Valerie King
Director of Academic Support and Gifted Programs, Siloam Springs School District
Valerie King, Director of Academic Support and Gifted Programs for the Siloam Springs School District, says she loved everything about school as a child. As a result, she has always wanted to be an educator. She says, "When I began my career, my husband was in the Marine Corps. We moved a lot, so I had the opportunity to teach in several different states. It was a great experience, but after our daughter was born, we decided to move back home to Arkansas." Upon coming home, she was hired as an elementary teacher in Siloam Springs by Dr. Pat Hastings, who was actually her teacher when she was in elementary school. She was an elementary teacher for several years, and then became a GT teacher. A few years later, she became the Director of Gifted Programs for the district. "Eventually, with Dr. Hastings' encouragement, I obtained licensure in administration and became an assistant principal at our middle school. I worked in that capacity for several years while continuing the GT director role. Currently, I serve as the Director of Academic Support and Gifted Programs for our district." Valerie says her favorite part about her job has always been in building relationships with students and their families. "It brings me great joy to see former students who have grown up and have chosen to either stay in our community or come back to our community to live and raise their children." The most challenging part of her job is always feeling the urgent need to do more. "I want every student to achieve at high levels and to have options when they leave high school. Because of this, I’m always searching for better ways to support our administrators, teachers, and students." To those considering a similar career, she counsels, "you must have a servant’s heart, you must like kids, and you must be willing to do hard things. Although this profession isn’t for the faint of heart, it is so rewarding to see the positive impact teachers can have on the lives of their students." She also says it is important to network, even with people outside of your profession. "As someone who is more introverted than extroverted, I will forever be a work in progress in honing my networking skills." Valerie says of all the changes she's seen in education over her career, she loves the current focus in education on collaboration, stating "We work better together!" 7
with What might other administrators be surprised to know about you?
When I was in school I showed cattle at our county fair. I was raised on a dairy farm, so I love being outside around animals and gardening. I was also in a few local pageants growing up. Although I did pageants more for my mom than me, I learned how to interview in front of a panel of people about current topics. That interview experience was invaluable!
What’s something that amazes you? The resilience in children never ceases to amaze me. There are so many children who go through incredibly difficult situations. They deserve our very best every single day.
What have you done that you are most proud of? I am most proud of my family. I’m blessed to have a family who is hard working, compassionate, and fun to be around.
What do you enjoy doing during your time off?
I love spending time searching for waterfalls. There is just something magnificent about waterfalls! I also love spending time with my family in any capacity. I have a one year old granddaughter that I absolutely adore. Whatever she wants to do is exactly what I want to do! Being a Mimi is the BEST thing ever!!
What is one of the things on your “Bucket List?” I would love to visit all of the national parks!
When people look back at your life, how do you want to be remembered?
First and foremost, I would like to be remembered as being a devoted wife, mother, and grandmother. Someone who always made family a priority. Professionally, I would like to be remembered as someone who cared deeply about students and always tried to make decisions based on what was best for them.
What do you see as the biggest benefit of AAEA membership?
I believe that AAEA provides a fantastic opportunity to network, build relationships, and learn about the great things happening in education around our state. As educators we can get so busy in our own jobs and districts that we forget to “zoom out” and see the bigger picture of what is happening around the state. I would strongly encourage educators to join AAEA! 8
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$$$$$$$$$$$$$ SALARY SURVEY School Year
Superintendent
High School Principal
Elementary Principal
1997-98
61,444
49,603
47,826
1998-99
63,523
51,136
49,353
1999-00
66,626
53,012
51,172
2000-01
69,827
55,248
53,567
2001-02
72,647
57,808
56,079
2002-03
75,067
59,525
57,817
2003-04
77,529
61,536
59,764
2004-05
87,180
67,869
65,407
2005-06
89,755
69,117
67,147
2006-07
94,514
70,622
65,095
2007-08
96,871
71,601
66,148
2008-09
98,794
74,178
72,187
2009-10
99,734
74,251
72,940
2010-11
102,783
75,120
73,904
2011-12
104,477
75,378
74,704
2012-13
106,502
76,205
75,940
2013-14
107,910
78,049
76,555
2014-15
109,499
78,087
76,370
2015-16
111,984
79,892
78,600
2016-17
113,712
81,303
80,122
2017-18
115,635
82,190
80,570
2018-19
116,668
83,463
81,146
2019-20
119,041
84,238
82542
2020-21
121,888
85,705
83,495
2021-22
124,603
86,924
84,494
2022-23
128,432
89,005
86,258
2023-24
132,482
92,294
89,862
2023
A total of 206 school districts participated in the annual AAEA survey of salaries for school administrators and classroom teachers for the 2023-24 school year. The survey was conducted September through December. Data from 2022-23 is used for those districts that did not respond to AAEA’s request for current year data. The average salaries for various categories of state school administrators and classroom teachers, grouped by school district size, are shown in the tables on page 12. National salary data comes from two sources: AASA (the School Superintendents Association) and NEA (National Education Association). AASA’s data on superintendent salaries represent a small sample of school districts nationwide.
Continued on next page 11
$$$$$$$$$$$$$ SALARY SURVEY
2023
Enrollment
Superintendent
Deputy/Asst. Superintendent
Business Manager
High School Principal
Asst. HS Principal
Above 4,000
225,822
137,497
122,318
118,482
93,482
3,000-3,999
182,699
127,449
84,413
104,456
87,861
2,000-2,999
153,120
106,969
69,282
94,352
78,333
1,000-1,999
128,986
101,597
58,781
88,179
75,400
500-999
111,700
81,312
54,020
86,362
75,852
Below 500
101,402
-
48,294
76,776
65,444
State Average
132,482
119,851
65,047
92,294
86,352
Enrollment
Jr. High/ Middle Principal
Elementary Principal
Asst. Elem. Principal
Special Ed. Supervisor
Classroom Teacher
Above 4,000
106,792
99,136
82,199
106,161
61,429
3,000-3,999
96,043
89,524
78,193
96,713
56,658
2,000-2,999
88,601
87,997
71,971
87,050
57,480
1,000-1,999
85,593
83,942
71,341
78,884
53,780
500-999
84,620
80,946
72,888
73,690
53,614
Below 500
80,000
78,267
71,960
66,968
51,951
State Average
95,159
89,862
78,980
83,245
57,590
State Salaries compiled by AAEA Research - December 2023 Continued on next page 12
$$$$$$$$$$$$$ SALARY SURVEY Superintendents • National median for districts less than 1,000 ADM - $125,000 • Districts 1,000-3,000 ADM - $150,000 • Districts 3,000-5,000 ADM $180,300 • Districts 5,000-10,000 ADM $200,000 • Districts 10,000-25,000 ADM $225,000 Source: AASA Partial Survey of Districts Nationwide
2023
Classroom Teachers Average salary increased from $53,275 in 2022-23 to $57,590 this year. • National average for 2021-22 was $66,745 • Estimated national average for 2022-23 is $68,469 Source: NEA
Additional Information for 2022-2023 •
Average beginning hourly rate of pay for bus drivers: $21.78
•
Average salary for technology coordinators: $63,868
•
Average salary for federal coordinators: $88,435
•
Average beginning daily rate of pay for substitute teachers: $89.36
•
80% of districts responding to the survey reported they outsourced substitute teacher services.
•
32% of districts responding to the survey reported they outsourced cafeteria services, up from 28% last year.
•
56 districts responding to the survey reported they outsourced at least a portion of custodial services.
•
35 districts responding to the survey reported offering financial incentives for recruitment/retention of hard-to-fill positions.
•
Regarding unfilled positions, districts reported the following (state totals) NOTE: ALL OF THESE TOTALS ARE LESS THAN LAST YEAR: • Teachers - 184 • Custodians - 129 • Bus Drivers - 187 • Food Service - 105 • Paraprofessionals - 180
13
Visit arjobsined.schoolspring.com The AAEA Job Board is a calendar-year subscription that assists districts with the ever-increasing challenge of recruiting quality staff. It is a significant resource for educators, both in-state and outof-state, seeking employment in Arkansas schools. Over 165 school districts are participating in the program, which has been extremely helpful to schools and educators over the years. The site is used year-round and is accessed extensively during the second semester. It is not unusual to see over 400 jobs posted on the Job Board at one time. With an account, school districts may post unlimited job vacancies throughout the year. To subscribe (by district) or to post job openings, contact Lana Webb, Administrative Specialist, at l.webb@theaaea.org or at 501-372-1691.
Job Openings District Name Arch Ford Ed Service Co-op Arkadelphia School District Bismark School District Bismark School District Cleveland County School District Fort Smith Public Schools Fountain Lake School District Gentry School District Hackett School District Harrisburg School District Jasper School District Jonesboro School District Jonesboro School District Little Rock School District Little Rock School District Little Rock School District Magnolia School District Manila School District Mountain Pine School District North Little Rock School District Osceola School District Russellville School District Southeast AR Educ Service Center Southeast AR Educ Service Center
Position Special Education Supervisor Middle School Principal Superintendent Middle School Principal Headstart Director Elementary Assistant Principal INTERIM MIDDLE SCHOOL PRINCIPAL remainder of 2023-2024 SCHOOL YEAR Superintendent Superintendent Superintendent Technology Coordinator Assistant Athletic Director Elementary Assistant Principal Interim K-8 Assistant Principal Forest Heights STEM Academy LRSD Secondary School Principal Pool LRSD Elementary School Principal Pool Human Resource Coordinator Elementary P-6 Assistant Principal Superintendent Principal of Seventh Street Elementary Middle School Assistant Principal Crawford Elementary Assistant Principal Cooperative Director Assistant Cooperative Director/Teacher Center Coordinator 14
Publication Sneak Peek: Our Two Cents This segment features content from other AAEA publications. Our Two Cents is a monthly publication available to subscribing districts. The following excerpt comes from the November 2023 issue.
Department of Finance & Administration Revenue Report for October 2023 Arkansas' general revenue was down for the month of October compared to last year but exceeded the state's forecast. The state collected $659.9 million in general revenues in October, a $50.8 million decrease, or 7.1%, compared with the same month last year. However, October's general revenue beat the state's forecast by $16.3 million, or 2.5%. October's revenue report is similar to those from August and September, when revenue was down compared to the same time last year but still above the state's predictions. Year-to-date revenues are also down compared to a year ago but continue to exceed the state's forecast. Year-todate net available revenue, four (4) months into this fiscal year, totaled $2.3 billion, which was 6.8% below levels from a year ago, but surpassed the state's projection by $115.8 million, or 5.3%. In recent years, Arkansas has maintained budget surpluses due to federal stimulus dollars and a growing economy after the covid-19 pandemic. October's revenue report shows the state remains on track for a healthy surplus by the end of the fiscal year, unless the state’s current economic situation changes quickly. Attorney General Opinion 2023-011 In Attorney General Opinion 2023-011 the AG responded to whether or not a custodian-of-records decision to release certain records under FOIA and to not release other records was consistent with the law. While not specifically related to public schools, the principles discussed in this opinion would apply. The Opinion included a discussion of the employee-evaluation exemption including the four-part test that has to be met to exempt the records from disclosure. The elements of this four-part test include (1) suspension or termination, (2) administrative finality, (3) relevance, and (4) compelling interest. Attorney General Opinion 2023-067 In Attorney General Opinion 2023-067 the AG opined on three questions relating to the Arkansas Department of Education’s authority to sell or lease school district facilities or property, specifically in regards to the Pine Bluff School District. The three questions and the AG’s responses are as follows. Question 1: Pursuant to Arkansas law, can the Arkansas Department of Education deem or declare any school district facilities/property as unused or underutilized? Brief Answer: Yes, the Arkansas Department of Education’s Division of Public School Academic Facilities and Transportation has authority to determine whether certain property meets the definition of an “unused or underutilized public school facility.” If a school district disagrees, it may appeal that determination to the Commission for Arkansas Public School Academic Facilities and Transportation. Question 2: Pursuant to Arkansas law, can the Arkansas Department of Education, while in control of the school district, sell or lease any school district facilities or property deemed unused or underutilized to a public charter or private school? Brief Response: The answer to this question depends on whether the State Board of Education has suspended or removed the public school district’s board of directors, who has assumed the school board’s authority, and the extent to which the State Board may have temporarily removed the school board’s powers and duties. Question 3: Pursuant to Arkansas law, can the Arkansas Department of Education, after the school district has exited state control and is governed again by a duly elected school board, direct or dictate that any school district facilities or property be sold or leased to a public charter or private school? Brief Response: No, the Arkansas Department of Education lacks the authority to direct or dictate the sale of school district facilities or property after the State Board has voted to return full local control to the district and the district has been removed from Level 5 — Intensive support.
Interested in more from Our Two Cents? Contact our office at 501-372-1691. 15
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