Had the law governing donation of school property changed since Arkansas AG Opinions 2015-105 and 2017-105?
Apply this to your situation
This page answers the general question as of 2021. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
Senator Bob Ballinger asked whether the law discussed in Arkansas AG Opinions 2015-105 and 2017-105 had changed. His request mentioned a proposed donation of vacated Eureka Springs school property to the Eureka Springs Community Foundation. The AG answered the change-in-law question: "the state of the law at issue in these opinions has not changed." She did not decide whether the proposed donation was permissible.
The AG identified two governing sources. Ark. Code Ann. § 6-21-108(b) permits donation of surplus school real property only to a limited pool of recipients and for certain purposes. The Arkansas Constitution adds a requirement that the donation benefit the school district's students. The opinion directs readers to the two earlier opinions for a detailed account of the framework.
Currency note
The AG's no-change finding was made in December 2021. Check the current statute, case law, and any later opinions when evaluating a proposed donation now.
What this means for you
If you are a school board considering a donation
Identify the proposed recipient and purpose under the current version of § 6-21-108(b), and assess whether the donation benefits district students. This opinion does not apply either criterion to the proposed Eureka Springs transaction.
If you are a community foundation seeking property
The opinion states the legal criteria but makes no finding that the named foundation is an eligible recipient or that a proposed use would benefit students. Consult the earlier opinions and current law for the detailed framework.
If you advise a school district
The AG specifically referred readers to Opinions 2015-105 and 2017-105 rather than restating their complete analysis. This 2021 opinion confirms only that the relevant statute and case law had not changed by the date it was issued.
Common questions
Did the AG approve the Eureka Springs donation?
No. The opinion answered whether the law had changed; it did not decide the proposed transaction.
What did the AG say about § 6-21-108(b)?
It permits a school district to donate surplus real property "to a limited pool of recipients for certain purposes." The AG said it had not been amended since the earlier opinions.
What constitutional criterion did the AG identify?
The donation must benefit the school district's students. The AG traced this to Arkansas Supreme Court case law cited in Opinion 2015-105.
Background and statutory framework
The AG said the Arkansas Code and Constitution establish criteria for school-property donations. She found no more recent relevant statute or Arkansas case affecting the earlier opinions' analysis. She did not enumerate eligible recipients or purposes in this letter.
Citations and references
- Ark. Code Ann. § 6-21-108(b) (surplus school-property donations)
- Ark. Op. Att'y Gen. 2015-105 and 2017-105 (earlier framework referred to by this opinion)
Source
Original opinion text
Opinion No. 2021-051
December 20, 2021
The Honorable Bob Ballinger
State Senator
1047 CR 5099
Ozark, AR 72949
Dear Senator Ballinger:
This is in response to your request for an opinion concerning the Eureka Springs Public School District. You state that the District has been asked to donate vacated school property to the Eureka Springs Community Foundation, and you request the following:
Could your office please provide an update on the Attorney General's opinions released on this topic? They are Opinions No. 2017-105 and 2015-105. Those involved in this matter want to make sure our laws remain consistent with these opinions.
RESPONSE
As I understand your inquiry, you wish to know whether the relevant law has changed since the issuance of these opinions. According to my review, the state of the law at issue in these opinions has not changed. The legal principles discussed therein are still valid and controlling.
DISCUSSION
Attorney General Opinions 2017-105 and 2015-105 address the general framework under state law for evaluating a donation of school property. As explained in these opinions, the Arkansas Constitution and the Arkansas Code establish certain criteria for the donation of school property.
Arkansas Code Annotated § 6-21-108(b) (Repl. 2018) provides that a school district may donate its surplus real property to a limited pool of recipients for certain purposes. This statute has not been amended since the issuance of the above Attorney General opinions. Nor has my research yielded any other more recent, relevant statute. I will not restate the complete governing statutory framework, but instead refer you to Opinions 2017-105 and 2015-105 for a more detailed analysis.
The Arkansas Constitution adds the criterion that the donation must benefit the school district's students. This follows from the Arkansas Supreme Court case law cited in Opinion 2015-105. There appear to be no more recent Arkansas cases relevant to the analysis.
Footnote 1: See Op. Att'y Gen. 2015-105 at n.4.
Sincerely,
LESLIE RUTLEDGE
Attorney General
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