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Bill to standardize school-board election timing advances with amendment amid legal questions

April 19, 2021 | EDUCATION COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Bill to standardize school-board election timing advances with amendment amid legal questions
Senate Bill 6 19, introduced by Senator Jane English, would revise timing and term options for school-board elections in Arkansas, adding a four-year term option in some districts and allowing districts flexibility to hold elections at general or preferential primary times.

An amendment to the bill was adopted by the committee prior to presentation. Senator English and Department of Education Chief Legal Counsel Courtney Salas Ford told members that, as amended, the department did not believe the bill was unconstitutional on its face but warned that a court could read Article 14, Section 3 of the Arkansas Constitution to require annual school elections in unusual circumstances. Lucas Harder, counsel for the Arkansas School Boards Association, said the association remained concerned about potential constitutional questions and that the amendment could expand the number of affected districts if whole-board elections occur under current rules.

Supporters including Gary Newton of Arkansas Learns said the bill is permissive, intended to increase turnout and reduce election costs for districts that choose to act; Newton said districts with higher minority percentages might need options other than five-year terms to switch to an every-other-year election cycle. Several senators expressed concern about encroaching on local control and the lack of a clear constituency asking for the change. The transcript records an attempted final motion to pass as amended but the head-count was confused; the chair asked for clarification and ultimately the committee paused further Senate bills for the day and moved to the joint meeting. The transcript does not record a clear final outcome for SB 6 19 in committee.

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