BENTONVILLE -- The School District will not look beyond its boundaries for property on which it could build its next school.
The School Board voted unanimously Tuesday not to pursue any land purchases outside the district, despite a recent attorney general's opinion stating a district has the right to do so.
At A Glance
Opinion Details
Former Attorney General Dustin McDaniel released an opinion Jan. 5 about whether a school district may buy and operate a school on land outside its boundaries. It was in response to a request by state Rep. Jim Dotson, R-Bentonville, on the Bentonville School District’s behalf.
McDaniel stated an earlier opinion issued in response to a similar inquiry remained valid, despite changes in education-related laws. That opinion, issued in 2001 by then-Attorney General Mark Pryor, stated a district may buy property outside the district “unless it can be shown that a school district has abused its discretion” in doing so.
The opinion further stated although state law doesn’t prohibit a district from building a school on property it owns outside its borders, the state Board of Education must grant approval of any such construction.
Source: Staff Report
That opinion, sought by Bentonville and handed down by Dustin McDaniel just before he left the attorney general's office this month, prompted objections from Bentonville's neighboring districts.
Ann Cato, president of the Pea Ridge School Board, represented some of that opposition at Bentonville's board meeting Tuesday. During time allotted for public comment, Cato said if Bentonville bought land outside its boundaries, it would open a "floodgate" for other districts to do the same.
"So we respectfully request the board take action tonight to not consider land outside the Bentonville School District," she said.
Pea Ridge's district borders Bentonville's east side.
Bentonville's ongoing search for the right piece of land to build at least one school led district officials to request the opinion earlier this month. Michael Poore, superintendent, said the board had instructed him "to explore every possibility" in the land search.
Poore called for a discussion of the opinion at Tuesday's board meeting.
"I'm a little surprised (the opinion) came in like it did," Poore told the board. "What it does is, it's a step. It doesn't mean we could go out tomorrow and buy land in Pea Ridge or Gravette and start building. The point of this discussion is, do you want that?"
Poore stressed the challenge of finding suitable land at a reasonable price for a school in Bella Vista, where the district has experienced significant growth.
Brent Leas, a board member from Bella Vista, agreed the terrain in his city makes finding an appropriate piece of land there difficult.
"It's all hills and trees," Leas said.
Leas agreed with other board members, however, it wouldn't be right to pursue another district's land.
"I just don't think it's of great value to our relationships" with neighboring districts, Leas said.
Board member Matt Burgess said taking land from another district would bring "bad karma."
State Rep. Kim Hendren, R-Gravette, filed a bill last week that would prohibit school districts from "acquiring, holding, buying, renting or leasing" real property outside its boundaries. The Gravette and Bentonville districts border each other.
Board members Grant Lightle and Wendi Cheatham argued the district should be focused more on finding land on its south side than its north side. The district's southwest sector is growing rapidly and schools there are running out of room.
Lightle also suggested a partnership with the Gravette School District to open a school on Bella Vista's west side. Gravette voters rejected a proposal last year to build an elementary school in Bella Vista's Highlands area.
Bentonville has spent months trying to identify suitable land of at least 20 acres to build its next elementary school. The target date for opening that school is August 2017. Poore said last week he hopes to bring a recommendation on a land purchase to the board for approval next month.
NW News on 01/21/2015