(a) Unless otherwise approved by a unanimous vote of the board of directors of the resulting district, the fund balances of any school district that is consolidated, annexed, or otherwise reorganized shall be used by the resulting district solely for the construction of facilities or the operation, maintenance, or support of the schools that were located in the affected district from which the fund balance was derived if any of the facilities of the affected district from which the fund balance was derived remain open.(b) The provisions of this section shall not apply if the consolidation or annexation is because of the school district's failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 - Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.Amended by Act 2017, No. 936,§ 10, eff. the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.Amended by Act 2017, No. 936,§ 10, eff. 8/1/2017.Amended by Act 2013, No. 1073,§ 9, eff. 8/16/2013.Acts 2003 (2nd Ex. Sess.), No. 71, § 1.
Arkansas Legal Code