Formation of permanent board of directors

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  1. (a)

    1. (1) A permanent board of directors shall have either five (5) or seven (7) members unless the school district is allowed to have nine (9) members under § 6-13-634.

    2. (2) The length of the terms of the board of directors may be for the time period prescribed by law and:

      1. (A) Prescribed in the written agreement under § 6-13-1416; or

      2. (B) Determined by the permanent board of directors.

    3. (3) At the first meeting of the permanent board of directors, the members shall determine the terms of the board of directors by lot so that not more than two (2) members' terms expire during any one (1) year.

    4. (4) A vacancy on the board of directors shall be filled as prescribed by law.

  2. (b)

    1. (1) If single-member election zones are not necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or with any other federal or state law, any or all of the members of the permanent board of directors may be elected at large.

    2. (2) A minimum of five (5) members of a permanent board of directors shall be elected from single-member election zones if one (1) or more of the following applies:

      1. (A) Single-member election zones are required to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or other federal law;

      2. (B) The resulting district or receiving district after consolidation or annexation is required to be zoned under § 6-13-631 or other state law; or

      3. (C) The boards of directors of the affected districts before consolidation or the boards of directors of the affected districts and receiving districts before annexation agree that the permanent board of directors shall be elected from single-member election zones.

    3. (3) If single-member election zones are necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law, the resulting district or receiving district shall:

      1. (A) Review the demographic makeup and boundaries of the zones based on the latest federal decennial census data of the resulting district or receiving district after consolidation or annexation and rezone the resulting district or receiving district as necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law;

      2. (B) Complete the election rezoning no later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation; and

      3. (C) No later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation, file a digital map in a format prescribed by the Arkansas Geographic Information Systems Office detailing the election zone boundaries of the resulting district or receiving district with the:

        1. (i) Secretary of State;

        2. (ii) Arkansas Geographic Information Systems Office; and

        3. (iii) County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district.


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