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2016 Op. Ark. Att'y Gen. 1 (2016)

handle is hein.sag/sagar0108 and id is 1 raw text is: 








                             STATE OF ARKANSAS
                             ATTORN EY GENERAL
                             LESLIE RUTLEDGE

Opinion N(,. 2015-102

January 8, 2016

Johnny Key, Commissioner
Arkansas Department of Education
Four Capitol Mall
Little Rock, AR 72201-1019

Dear Commissioner Key:

I am writing in response to your request for an opinion on certain questions
concerning Act 1286 of 2015 (the Act). This uncodified, temporary legislation,
in short, establishes a pilot program for elementary and secondary agriculture
schools in the state.' You have presented the following questions, which you state
have arisen in the course of the Department of Education's efforts to implement
the Act:

       1. Act 1286 of 2015 exempts an agricultural school that is part of
          the pilot program from Ark. Code Ann. §§ 6-13-1501(a)(2) and
          6-13-1502. Does this exemption allow an agricultural school to
          detach to form its own school district under Ark. Code Ann. § 6-
          13-1501 et seq.? If so, would the agricultural school have to be
          approved for grades K-12 before any detachment as a school
          district could occur?

       2. If the law allows an agricultural school to detach to form its own
          school district under Ark. Code Ann. § 6-13-1501 et seq., would
          that district be subject to the Administrative Consolidation
          provisions set forth in Ark. Code Ann. § 6-13-1601 et seq., as

 See Acts 2015, No. 1286, § I (identifying the Act as temporary language that is not to be
 codified). Under the Act, the pilot program was to provide for at least one agriculture school in
the state for grades 7 through 12 for the 2015-16 school year, and provides for at least one such
school for kindergarten through the 6th grade for the 2016-17 school year.

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