Annexation of adjoining school district. If both districts to the annexation consent, does the County Board of Education have any discretion to deny the request for annexation? Act 61 of 1983 (Ex. Sess.) 6-15-207 No. This case involves failure to meet minimum standards.

: j STEVE CLARK ATTORNEY GENBPAL Tony NO. 85-80 STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 March 13, 1985 Senator Nick Wilson P.O, Box 525 Pocahontas, AR 72455 Dear Senator Wilson: This is in response to your opinion request wherein you posed the following facts and attendant question: The Board of Directors have by a majority vote deter- mined to request annexation to an adjoining school district, and pursuant to that vote have adopted and filed with the County Board of Education a resolution requesting annexation to such adjoining district. Additionally, the board of directors of the school district to which annexation is sought have adopted and filed with the County Board of Education a resolution indicating their willingness to accept the annexation request. This action was taken pursuant to Section 1 {c) of Act 61 of 1983, lst Extraordinary Session. Assuming these facts, please provide me with your opinion regarding the following question: Does the County Board of Education have any discretion to deny the request for annexation? Act 61 of 1983 (lst Extraordinary Session} provides in pertinent part as follows: "Section 9. (a) Any school district in this State having a school, or schools, failing to meet the minimum standards for accreditation, desiring to be annexed to an adjoining district having no schools which fail to meet the minimum standards for accre- ditation at a time prior to June 1, 1987, may, upon resolution of the board of said district, petition the county koard of education to be annexed to an adjoining district, and the county board shall have the authority to proceed to effect the annexation in the same manner as provided elsewhere in this Act." * * * (501) 371-2007 Senator Nick Wilson March 13, 1985 Page 2 (c) Between June 1, 1984, and June 1, 1987, any school district may be annexed to one or more adjoining school districts by petitioning the county board of education of the county in which such district is administered to order the annexation. The annexation request may be by resolution of the board of directors of the district or by a petition signed by a majority of the qualified electors in the district. Upon receipt of a request for annexation, the county board of educa- tion shall hold a hearing on the request and shall then order the annexation of the district to one or more adjoining school districts. If the county board of education fails to act within sixty (60) days of receipt of a request for annexation, the petitioning district may request the circuit court to issue a writ of mandamus to said county board." (Emphasis supplied). In response to your inquiry then, because of the mandatory language contained in Section C of Act 61, it is the opinion of this office that the County Board of Education does not have any discretion to deny the request for annexation. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General C. Randy McNair. Sinderely, J ap Mout Attorney General jsc:CRM:dec