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Arkansas charter schools oppose new bill citing illegal exactions and constitutional violations

April 03, 2023 | EDUCATION COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Arkansas charter schools oppose new bill citing illegal exactions and constitutional violations
The Arkansas Senate Education Committee meeting on April 3, 2023, focused on significant concerns regarding a proposed bill affecting charter schools. Several charter school representatives were unable to attend due to recent student-related issues stemming from a tragic event, but they expressed strong opposition to the bill, labeling it as detrimental to the state's educational framework.

The primary argument against the bill is that it allegedly promotes an illegal exaction by allowing taxpayer property to be transferred to municipalities without cost. Opponents argue that this practice is improper and violates state law. They specifically cited Article 14, Section 2 of the Arkansas Constitution, which prohibits the use of public school funds or property for purposes other than their intended educational use.

Additionally, critics highlighted that the current law already establishes a detailed process for transferring property between school districts and charter schools. This process ensures that fair market value is received by the school district, maintaining accountability and protecting public resources. They emphasized that if a charter school ceases to use the property, the school district has the right of first refusal to reclaim it, ensuring that public school resources remain available for educational purposes.

Concerns were also raised about the bill's lack of requirements for municipalities to provide fair market value in property transactions, which could further undermine taxpayer interests. The discussions underscored the ongoing tension between charter schools and traditional school districts in Arkansas, as stakeholders navigate the complexities of educational funding and resource allocation.

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