Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 215 3
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By: Senator J. Bryant 5
By: Representative B. McKenzie 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE PERMISSIBLE USES FOR REAL ESTATE 9
DONATED BY A PUBLIC SCHOOL DISTRICT; TO AMEND THE 10
ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES PROGRAM 11
ACT; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE PERMISSIBLE USES FOR REAL 16
ESTATE DONATED BY A PUBLIC SCHOOL 17
DISTRICT; AND TO AMEND THE ARKANSAS 18
PUBLIC SCHOOL ACADEMIC FACILITIES 19
PROGRAM ACT. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 6 -21-108(b), concerning the donation of 24
real property by a public school district, is amended to read as follows: 25
(b)(1) If the board of directors for a school district determines that 26
real property owned or controlled by the school district is not required for 27
the present or future needs of the school district and that the donation of 28
the real property would serve a beneficial educational service for the 29
citizens of the school district, then the school district may donate real 30
property to an open-enrollment public charter school, a publicly supported 31
institution of higher education, a technical institute, a community college, 32
a not-for-profit organization, a county, a city, an incorporated town, or any 33
entity thereof for the following limited purposes: 34
(A) Having the real property preserved, improved, 35
upgraded, rehabilitated, or enlarged by the donee; 36 SB215
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(B) Providing an open-enrollment public charter school, a 1
publicly supported institution of higher education, a technical institute, or 2
a community college with the donated property in which to hold classes; or 3
(C)(i) Providing community programs and beneficial 4
educational services, social enrichment programs, or after -school programs. 5
(ii) Real property donated to an open -enrollment 6
public charter school, a publicly supported institution of higher education, 7
a technical institute, or a community college under this subdivision 8
(b)(1)(C) shall be used exclusively and entirely only for community programs 9
and beneficial educational services, social enrichment programs, or after -10
school programs. 11
(iii) The provision of housing or another similar 12
program or benefit shall not qualify as a community program or beneficial 13
educational service, social enrichment program, or after -school program under 14
this subdivision (b)(1)(C). 15
(2) A school district may donate the fee simple title and 16
absolute interest in real property, without any reservations or restrictions 17
to the real property, to an open-enrollment public charter school, a publicly 18
supported institution of higher education, a technical institute, a community 19
college, a not-for-profit organization, a county, a city, an incorporated 20
town, or any entity thereof. 21
(3) If two (2) years after the effective date of consolidation 22
the real property of the consolidated school district is not used by the 23
school district for educational purposes and has not been sold, preserved, 24
leased, or donated, the school district board of directors shall make the 25
real property available to an open-enrollment public charter school, a 26
publicly supported institution of higher education, a technical institute, a 27
community college, a not -for-profit organization, a county, a city, an 28
incorporated town, or any entity thereof, by donation or low -cost long-term 29
lease, for the following limited purposes: 30
(A) Having the real property preserved, improved, 31
upgraded, rehabilitated, or enlarged by the donee; 32
(B) Providing an open-enrollment public charter school, a 33
publicly supported institution of higher education, a technical institute, or 34
a community college with the donated property in which to hold classes; or 35
(C)(i) Providing community programs and beneficial 36 SB215
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educational services, social enrichment programs, or after -school programs. 1
(ii) Real property donated to an open -enrollment 2
public charter school, a publicly supported institution of higher education, 3
a technical institute, or a community college under this subdivision 4
(b)(3)(C) shall be used exclusively and entirely only for community programs 5
and beneficial educational services, social enrichment programs, or after -6
school programs. 7
(iii) The provision of housing or another similar 8
program or benefit shall not qualify as a community program or beneficial 9
educational service, social enrichment program, or after -school program under 10
this subdivision (b)(3)(C). 11
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SECTION 2. Arkansas Code § 6 -21-803(13), concerning the definition of 13
"public school facility" under the Arkansas Public School Academic Facilities 14
Program Act, is amended to read as follows: 15
(13) “Public school facility” means any public school building 16
or space, including related areas such as improved or unimproved real 17
property or the physical plant and grounds, that is used for any purpose, 18
including, without limitation: 19
(A) An extracurricular activity; 20
(B) An organized physical activity course as defined in § 21
6-16-137; 22
(C) Prekindergarten education; 23
(D) District administration; or 24
(E) Delivery of instruction to public school students that 25
is an integral part of an adequate education as described in § 6 -20-2302; 26
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SECTION 3. Arkansas Code § 6 -21-803(17), concerning the definition of 28
"unused or underutilized public school facility" under the Arkansas Public 29
School Academic Facilities Program Act, is amended to read as follows: 30
(17) “Unused or underutilized public school facility” means a 31
public school facility , academic facility, or other improved or unimproved 32
real property that: 33
(A) As a whole or in a significant portion, is not being 34
used for a public educational, academic, extracurricular, or administrative 35
purpose and the nonuse or underutilization threatens the integrity or purpose 36 SB215
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of the public school facility or other real property as a public education 1
facility; and 2
(B) As of August 1, 2017, is Is not subject to: 3
(i) A lease to a third party for fair market value; 4
or 5
(ii) An executed offer to purchase by a third party 6
for fair market value. 7
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SECTION 4. Arkansas Code § 6 -21-806(a)(7)(A), concerning the required 9
report from a school district to the Division of Public School Academic 10
Facilities and Transportation regarding unused or underutilized public school 11
facilities in each public school district under the Academic Facilities 12
Master Plan Program, is amended to read as follows: 13
(7)(A) Submit a report to the division by February 1 January 31 14
of each year that identifies: 15
(i) All unused or underutilized public school 16
facilities in the school district; and 17
(ii) The unused or underutilized public school 18
facilities, if any, that are designated in the district's facilities master 19
plan to be reused, renovated, or demolished as part of a specific committed 20
project or planned new construction project. 21
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SECTION 5. Arkansas Code § 6 -21-815(c)(1), concerning the lease or 23
purchase of a school district's unused or underutilized public school 24
facilities, is amended to read as follows: 25
(c)(1) Except as otherwise provided in this section, a school district 26
shall make unused or underutilized public school facilities available for 27
lease or purchase for no more than fair market value to any open-enrollment 28
public charter school located within the geographical boundaries of the 29
school district before the school district may donate unused or underutilized 30
public school facilities as authorized under § 6 -21-108. 31
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SECTION 6. Arkansas Code § 6 -21-816(a)(1), concerning requirements to 33
sell or lease unused or underutilized public school facilities, is amended to 34
read as follows: 35
(a)(1)(A) Except as otherwise provided in this section, if a school 36 SB215
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district determines that any public school facility , academic facility, or 1
other real property is no longer needed for school purposes or is unused or 2
underutilized, the school district may sell , donate, or lease the public 3
school facility, academic facility, or other real property in accordance with 4
§§ 6-13-103 and 6-13-620 and this subchapter. 5
(B) A school district shall notify the division regarding 6
the unused or underutilized public school facility under subdivision 7
(a)(1)(A) of this section before it may sell, donate, or lease the public 8
school facility, academic facility, or other real property under subdivision 9
(a)(1)(A) of this section. 10
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SECTION 7. Arkansas Code § 6 -21-816(b)(1)(A), concerning an open -12
enrollment public charter school's right of first refusal to purchase or 13
lease an unused or underutilized public school facility, is amended to read 14
as follows: 15
(b)(1)(A) If a school district decides to sell, lease, or otherwise 16
transfer ownership of an academic facility, a public school facility, an 17
unused or underutilized public school facility, or other real property 18
belonging to the school district, an open-enrollment public charter school 19
located within the school district's boundaries shall have a right of first 20
refusal to purchase or lease the academic facility, public school facility, 21
unused or underutilized public school facility, or other real property 22
belonging to the school district for fair market value. 23
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SECTION 8. Arkansas Code § 6 -21-816(b)(3), concerning a school 25
district's authority to sell, lease, or otherwise transfer a public school 26
facility, is amended to read as follows: 27
(3) Subject to the priority list under subdivision (b)(1)(C) of 28
this section, nothing in this subchapter shall be construed to delay or limit 29
the authority of a school district to sell, lease, or otherwise transfer a 30
public school facility , an academic facility, an unused or underutilized 31
public school facility, or other real property to a an open-enrollment public 32
charter school on terms agreed to by the school district and open-enrollment 33
public charter school. 34
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SECTION 9. Arkansas Code § 6 -21-816(h), concerning a school district 36 SB215
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or public charter school that fails to comply with requirement related to the 1
sale or lease of public school facilities, is amended to read as follows: 2
(h)(1) The rules promulgated under this section and the Code of Ethics 3
for Arkansas Educators shall include a provision that requires a school 4
district to list immediately school district property as unused or 5
underutilized upon the school district's determination that a public school 6
facility or other real property belonging to the school district is no longer 7
necessary for school district purposes or is unused or underutilized. 8
(2) The division may classify: 9
(A) Classify a school district that fails to comply with 10
this section as being in academic facilities distress under § 6 -21-811; and 11
(B) Recommend to the State Board of Education whether a 12
school district that fails to comply with this section should be placed on 13
Accredited — Cited Status. 14
(3) A school district superintendent may be subject to sanctions 15
under the Code of Ethics for Arkansas Educators if the school district 16
superintendent fails to comply with this section. 17
(2)(4) The authorizer may take action under § 6 -23-105 on the 18
charter of a public charter school that fails to comply with this section. 19
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