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.
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