Ark. Code Ann. § 6-17-428 — AR Code / Title 6 / Chapter 17 / Subchapter 4 / Section 6-17-428
Ethical violations - Definitions
Status: in_force

(a) As used in this section: (1) "Code of ethics" means the code of ethics for educators established by the Professional Licensure Standards Board under § 6-17-422 ; (2) "Educator" means, at the time of the alleged violation: (A) A person holding a valid Arkansas standard teaching license, ancillary license, provisional license, technical permit, or administrator's license issued by the State Board of Education, even if the license expires during the pendency of the ethics complaint process; (B) A preservice teacher, which shall include an individual with an Aspiring Teacher permit; (C) An individual employed under a waiver from licensure as a teacher of record or as an administrator; (D) A person employed under an emergency teaching permit; or (E) A person who is a registered volunteer who will be working with students in an athletic coaching capacity or is in the process of obtaining a coaching certificate through the Arkansas Activities Association and is assisting with students in a coaching capacity in a public school athletic program; (3) (A) "Ethical violation" means an act or omission on the part of an educator when the educator knew or reasonably should have known that the act or omission was in violation of the code of ethics. (B) "Ethical violation" does not include: (i) A reasonable mistake made in good faith; (ii) An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or (iii) An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator; (4) "Ethics complaint" means a document that: (A) States facts constituting an alleged ethical violation of the code of ethics; and (B) Is signed under penalty of perjury by the person filing the ethics complaint; and (5) "Preservice teacher" means an unlicensed person who is enrolled as a student in an educator preparation program. (b) (1) The Professional Licensure Standards Board shall: (A) Establish procedures for: (i) Receiving and investigating an ethics complaint; (ii) Enforcing the code of ethics; (iii) Granting and conducting hearings under this section; and (iv) Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics; (B) Make recommendations for enforcement of the code of ethics; (C) Develop public notifications equivalent to the recommendations for enforcement of the code of ethics; and (D) Establish an ethics subcommittee of the Professional Licensure Standards Board with equal representation of public school teachers and administrators as well as one (1) member from any other category of representation on the Professional Licensure Standards Board. (2) All rules, procedures, hearings, and appeals relating to the code of ethics complaints under this section shall be promulgated and implemented under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) (1) The ethics subcommittee of the Professional Licensure Standards Board shall: (A) (i) Authorize the investigation of ethics complaints. (ii) (a) A complaint form sent via facsimile or with an electronic signature shall not be accepted. (b) A complaint form shall have the original signature of the complainant; (B) Enforce the code of ethics by: (i) Making a recommendation to the State Board of Education for: (a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or (b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or (ii) Issuing a private letter of caution; and (C) Dismiss an ethics complaint if it finds there is no ethics violation. (2) For a preservice teacher assigned to a public school as a student intern in a supervised field experience or supervised clinical experience, a sanction adopted by the State Board of Education may be imposed on a license when it is issued to a preservice teacher. (3) The ethics subcommittee may appoint or contract for one (1) or more persons to conduct evidentiary hearings. (4) The State Board of Education may make an informal disposition of the ethical violation by stipulation, settlement, consent order, or default. (d) An ethics complaint may be filed with the Professional Licensure Standards Board by any person through: (1) The Division of Elementary and Secondary Education; (2) A public school district; or (3) A public school superintendent. (e) (1) The ethics subcommittee shall authorize an investigation of an ethics complaint that it determines is credible. (2) Following an interview conducted as part of an investigation of an ethics complaint, the investigator shall place in the investigation file a written report of the interview. (f) (1) Within ten (10) business days of authorizing an ethics complaint investigation, the staff of the Professional Licensure Standards Board shall provide the educator under investigation with: (A) Written notice of the investigation and the nature of the alleged ethical violation; and (B) A copy of: (i) The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint; (ii) Provisions of this section or other state statutory law applicable to an ethical violation under this section; and (iii) The applicable rules in effect at the time the ethics complaint is filed. (2) Upon the completion of the investigation and before an initial consideration of the investigation, the staff of the Professional Licensure Standards Board shall provide to the educator: (A) A copy of the documents and evidence concerning the investigation of the ethics complaint; and (B) Written notice that the ethics subcommittee will consider taking an action against the educator. (g) (1) Within fourteen (14) calendar days after an educator receives the notice, documentation, and evidence from the staff of the Professional Licensure Standards Board under subsection (f) of this section, the educator may respond to the ethics complaint in writing. (2) The ethics subcommittee may permit additional time for a response. (h) (1) Upon receipt of the results of the investigation and any written response from the educator who is the subject of the ethics complaint, the ethics subcommittee shall issue an initial determination and provide notice of the initial determination to the educator. (2) Within fourteen (14) days of receiving notice of the initial determination, if the educator disagrees with the initial determination, the educator may request an evidentiary hearing in the manner specified in the rules of the Professional Licensure Standards Board. (i) (1) Upon request for a hearing, the staff of the Professional Licensure Standards Board shall provide the educator with notice of the time and date of the hearing, which shall be conducted in accordance with the rules of the Professional Licensure Standards Board. (2) The educator and the Professional Licensure Standards Board may be represented by representatives of their choosing. (j) Within ten (10) business days of the ethics subcommittee's taking action following a hearing, the ethics subcommittee shall provide the educator under investigation with written notice of the action. (k) The staff of the Professional Licensure Standards Board shall complete its investigation of an ethics complaint and the ethics subcommittee shall take action: (1) Within one hundred fifty (150) days of authorizing the investigation of the ethics complaint; or (2) If a hearing is conducted, within one hundred eighty (180) days of authorizing the investigation of the ethics complaint. (l) (1) The Professional Licensure Standards Board may waive the time limitations imposed under this section when reasonable under certain circumstances, including without limitation inclement weather, state or national emergencies, or other unforeseeable events. (2) The staff of the Professional Licensure Standards Board and the educator may agree to waive any deadline imposed under this section. (m) Except as provided in subsection (o) of this section, all records and all hearings, meetings, and deliberations of the Professional Licensure Standards Board and the ethics subcommittee relating to an ethics complaint are confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (n) All records pertaining to an ethics complaint shall be open for inspection and copying by the educator against whom the ethics complaint is lodged, unless otherwise prohibited by state or federal law. (o) (1) A hearing under this section before the State Board of Education on a recommendation of the ethics subcommittee for enforcement of the code of ethics is a public hearing. (2) All records upon which the State Board of Education relies at a hearing under this subsection to make its decision are subject to public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (p) (1) As used in this subsection: (A) "Acted upon" means that the State Board of Education has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license; (B) "School hiring officer" means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license; (C) "Sexual abuse" has the same meaning as given to the term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a victim who is eighteen (18) years of age or older and is still a student; (D) "Student" means a person who is enrolled in a public or private school in any level from prekindergarten through grade twelve (preK-12); and (E) (i) "Substantiated allegation" means observance of or reasonable cause to believe that a violation of the code of ethics has occurred. (ii) The completion of an investigation is not required in order for an allegation to be a substantiated allegation. (iii) A substantiated allegation may be a preliminary determination made by a public school. (2) The code of ethics shall include without limitation the following provisions: (A) A standard that an educator maintains a professional relationship with each student, both in and outside the classroom; (B) Within twenty-four (24) hours of a matter coming to the attention of a public school supervisor, an educator in a supervisory role in an Arkansas school shall file an ethics complaint if he or she observes, has reasonable cause to suspect, or there is a substantiated allegation that an educator has violated the standard in subdivision (p)(2)(A) of this section; and (C) The failure to submit an ethics complaint under subdivision (p)(2)(B) of this section is a violation of the code of ethics. (3) (A) (i) The division shall establish and maintain a website providing a school hiring officer with the ability to determine if: (a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and (b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section. (ii) The website shall identify the action taken on the ethics complaint. (B) Before an educator who holds an Arkansas teaching license or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the website maintained by the division under subdivision (p)(3)(A) of this section to determine whether: (i) The State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section by the applicant; and (ii) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section. (q) Subject to the disclosure limitations of subsections (m) and (o) of this section, the division may include on the division's public website for licensure the following information on each violation of the code of ethics by an educator whose license the State Board of Education has suspended, revoked, denied, or not renewed based on the recommendations of the ethics subcommittee: (1) The code of ethics standard that was violated; (2) The sanction approved by the State Board of Education; and (3) A copy of the final order of the State Board of Education. Amended by Act 2023, No. 732,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 26, eff. 3/8/2023. Amended by Act 2023, No. 237,§ 25, eff. 3/8/2023. Amended by Act 2021, No. 96,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 96,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 475,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1431, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1430, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1429, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1428, eff. 7/1/2019. Amended by Act 2017, No. 564,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 564,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 564,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 275,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1090,§ 14, eff. 7/22/2015. Amended by Act 2015, No. 1090,§ 13, eff. 7/22/2015. Amended by Act 2015, No. 1090,§ 12, eff. 7/22/2015. Amended by Act 2015, No. 1090,§ 11, eff. 7/22/2015. Amended by Act 2015, No. 1090,§ 10, eff. 7/22/2015. Amended by Act 2013, No. 1323,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 454,§ 4, eff. 8/16/2013. Acts 2011, No. 1045, § 2.

(a) As used in this section: (1) "Code of ethics" means the code of ethics for educators established by the Professional Licensure Standards Board under § 6-17-422 ; (2) "Educator" means, at the time of the alleged violation: (A) A person holding a valid Arkansas standard teaching license, ancillary license, provisional license, technical permit, or administrator's license issued by the State Board of Education, even if the license expires during the pendency of the ethics complaint process; (B) A preservice teacher, which shall include an individual with an Aspiring Teacher permit; (C) An individual employed under a waiver from licensure as a teacher of record or as an administrator; (D) A person employed under an emergency teaching permit; or (E) A person who is a registered volunteer who will be working with students in an athletic coaching capacity or is in the process of obtaining a coaching certificate through the Arkansas Activities Association and is assisting with students in a coaching capacity in a public school athletic program; (3) (A) "Ethical violation" means an act or omission on the part of an educator when the educator knew or reasonably should have known that the act or omission was in violation of the code of ethics. (B) "Ethical violation" does not include: (i) A reasonable mistake made in good faith; (ii) An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or (iii) An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator; (4) "Ethics complaint" means a document that: (A) States facts constituting an alleged ethical violation of the code of ethics; and (B) Is signed under penalty of perjury by the person filing the ethics complaint; and (5) "Preservice teacher" means an unlicensed person who is enrolled as a student in an educator preparation program.

(1) "Code of ethics" means the code of ethics for educators established by the Professional Licensure Standards Board under § 6-17-422 ;

(2) "Educator" means, at the time of the alleged violation: (A) A person holding a valid Arkansas standard teaching license, ancillary license, provisional license, technical permit, or administrator's license issued by the State Board of Education, even if the license expires during the pendency of the ethics complaint process; (B) A preservice teacher, which shall include an individual with an Aspiring Teacher permit; (C) An individual employed under a waiver from licensure as a teacher of record or as an administrator; (D) A person employed under an emergency teaching permit; or (E) A person who is a registered volunteer who will be working with students in an athletic coaching capacity or is in the process of obtaining a coaching certificate through the Arkansas Activities Association and is assisting with students in a coaching capacity in a public school athletic program;

(A) A person holding a valid Arkansas standard teaching license, ancillary license, provisional license, technical permit, or administrator's license issued by the State Board of Education, even if the license expires during the pendency of the ethics complaint process;

(B) A preservice teacher, which shall include an individual with an Aspiring Teacher permit;

(C) An individual employed under a waiver from licensure as a teacher of record or as an administrator;

(D) A person employed under an emergency teaching permit; or

(E) A person who is a registered volunteer who will be working with students in an athletic coaching capacity or is in the process of obtaining a coaching certificate through the Arkansas Activities Association and is assisting with students in a coaching capacity in a public school athletic program;

(3) (A) "Ethical violation" means an act or omission on the part of an educator when the educator knew or reasonably should have known that the act or omission was in violation of the code of ethics. (B) "Ethical violation" does not include: (i) A reasonable mistake made in good faith; (ii) An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or (iii) An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator;

(A) "Ethical violation" means an act or omission on the part of an educator when the educator knew or reasonably should have known that the act or omission was in violation of the code of ethics.

(B) "Ethical violation" does not include: (i) A reasonable mistake made in good faith; (ii) An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or (iii) An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator;

(i) A reasonable mistake made in good faith;

(ii) An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or

(iii) An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator;

(4) "Ethics complaint" means a document that: (A) States facts constituting an alleged ethical violation of the code of ethics; and (B) Is signed under penalty of perjury by the person filing the ethics complaint; and

(A) States facts constituting an alleged ethical violation of the code of ethics; and

(B) Is signed under penalty of perjury by the person filing the ethics complaint; and

(5) "Preservice teacher" means an unlicensed person who is enrolled as a student in an educator preparation program.

(b) (1) The Professional Licensure Standards Board shall: (A) Establish procedures for: (i) Receiving and investigating an ethics complaint; (ii) Enforcing the code of ethics; (iii) Granting and conducting hearings under this section; and (iv) Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics; (B) Make recommendations for enforcement of the code of ethics; (C) Develop public notifications equivalent to the recommendations for enforcement of the code of ethics; and (D) Establish an ethics subcommittee of the Professional Licensure Standards Board with equal representation of public school teachers and administrators as well as one (1) member from any other category of representation on the Professional Licensure Standards Board. (2) All rules, procedures, hearings, and appeals relating to the code of ethics complaints under this section shall be promulgated and implemented under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Professional Licensure Standards Board shall: (A) Establish procedures for: (i) Receiving and investigating an ethics complaint; (ii) Enforcing the code of ethics; (iii) Granting and conducting hearings under this section; and (iv) Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics; (B) Make recommendations for enforcement of the code of ethics; (C) Develop public notifications equivalent to the recommendations for enforcement of the code of ethics; and (D) Establish an ethics subcommittee of the Professional Licensure Standards Board with equal representation of public school teachers and administrators as well as one (1) member from any other category of representation on the Professional Licensure Standards Board.

(A) Establish procedures for: (i) Receiving and investigating an ethics complaint; (ii) Enforcing the code of ethics; (iii) Granting and conducting hearings under this section; and (iv) Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics;

(i) Receiving and investigating an ethics complaint;

(ii) Enforcing the code of ethics;

(iii) Granting and conducting hearings under this section; and

(iv) Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics;

(B) Make recommendations for enforcement of the code of ethics;

(C) Develop public notifications equivalent to the recommendations for enforcement of the code of ethics; and

(D) Establish an ethics subcommittee of the Professional Licensure Standards Board with equal representation of public school teachers and administrators as well as one (1) member from any other category of representation on the Professional Licensure Standards Board.

(2) All rules, procedures, hearings, and appeals relating to the code of ethics complaints under this section shall be promulgated and implemented under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) (1) The ethics subcommittee of the Professional Licensure Standards Board shall: (A) (i) Authorize the investigation of ethics complaints. (ii) (a) A complaint form sent via facsimile or with an electronic signature shall not be accepted. (b) A complaint form shall have the original signature of the complainant; (B) Enforce the code of ethics by: (i) Making a recommendation to the State Board of Education for: (a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or (b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or (ii) Issuing a private letter of caution; and (C) Dismiss an ethics complaint if it finds there is no ethics violation. (2) For a preservice teacher assigned to a public school as a student intern in a supervised field experience or supervised clinical experience, a sanction adopted by the State Board of Education may be imposed on a license when it is issued to a preservice teacher. (3) The ethics subcommittee may appoint or contract for one (1) or more persons to conduct evidentiary hearings. (4) The State Board of Education may make an informal disposition of the ethical violation by stipulation, settlement, consent order, or default.

(1) The ethics subcommittee of the Professional Licensure Standards Board shall: (A) (i) Authorize the investigation of ethics complaints. (ii) (a) A complaint form sent via facsimile or with an electronic signature shall not be accepted. (b) A complaint form shall have the original signature of the complainant; (B) Enforce the code of ethics by: (i) Making a recommendation to the State Board of Education for: (a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or (b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or (ii) Issuing a private letter of caution; and (C) Dismiss an ethics complaint if it finds there is no ethics violation.

(A) (i) Authorize the investigation of ethics complaints. (ii) (a) A complaint form sent via facsimile or with an electronic signature shall not be accepted. (b) A complaint form shall have the original signature of the complainant;

(i) Authorize the investigation of ethics complaints.

(ii) (a) A complaint form sent via facsimile or with an electronic signature shall not be accepted. (b) A complaint form shall have the original signature of the complainant;

(a) A complaint form sent via facsimile or with an electronic signature shall not be accepted.

(b) A complaint form shall have the original signature of the complainant;

(B) Enforce the code of ethics by: (i) Making a recommendation to the State Board of Education for: (a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or (b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or (ii) Issuing a private letter of caution; and

(i) Making a recommendation to the State Board of Education for: (a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or (b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or

(a) A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or

(b) The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or

(ii) Issuing a private letter of caution; and

(C) Dismiss an ethics complaint if it finds there is no ethics violation.

(2) For a preservice teacher assigned to a public school as a student intern in a supervised field experience or supervised clinical experience, a sanction adopted by the State Board of Education may be imposed on a license when it is issued to a preservice teacher.

(3) The ethics subcommittee may appoint or contract for one (1) or more persons to conduct evidentiary hearings.

(4) The State Board of Education may make an informal disposition of the ethical violation by stipulation, settlement, consent order, or default.

(d) An ethics complaint may be filed with the Professional Licensure Standards Board by any person through: (1) The Division of Elementary and Secondary Education; (2) A public school district; or (3) A public school superintendent.

(1) The Division of Elementary and Secondary Education;

(2) A public school district; or

(3) A public school superintendent.

(e) (1) The ethics subcommittee shall authorize an investigation of an ethics complaint that it determines is credible. (2) Following an interview conducted as part of an investigation of an ethics complaint, the investigator shall place in the investigation file a written report of the interview.

(1) The ethics subcommittee shall authorize an investigation of an ethics complaint that it determines is credible.

(2) Following an interview conducted as part of an investigation of an ethics complaint, the investigator shall place in the investigation file a written report of the interview.

(f) (1) Within ten (10) business days of authorizing an ethics complaint investigation, the staff of the Professional Licensure Standards Board shall provide the educator under investigation with: (A) Written notice of the investigation and the nature of the alleged ethical violation; and (B) A copy of: (i) The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint; (ii) Provisions of this section or other state statutory law applicable to an ethical violation under this section; and (iii) The applicable rules in effect at the time the ethics complaint is filed. (2) Upon the completion of the investigation and before an initial consideration of the investigation, the staff of the Professional Licensure Standards Board shall provide to the educator: (A) A copy of the documents and evidence concerning the investigation of the ethics complaint; and (B) Written notice that the ethics subcommittee will consider taking an action against the educator.

(1) Within ten (10) business days of authorizing an ethics complaint investigation, the staff of the Professional Licensure Standards Board shall provide the educator under investigation with: (A) Written notice of the investigation and the nature of the alleged ethical violation; and (B) A copy of: (i) The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint; (ii) Provisions of this section or other state statutory law applicable to an ethical violation under this section; and (iii) The applicable rules in effect at the time the ethics complaint is filed.

(A) Written notice of the investigation and the nature of the alleged ethical violation; and

(B) A copy of: (i) The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint; (ii) Provisions of this section or other state statutory law applicable to an ethical violation under this section; and (iii) The applicable rules in effect at the time the ethics complaint is filed.

(i) The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint;

(ii) Provisions of this section or other state statutory law applicable to an ethical violation under this section; and

(iii) The applicable rules in effect at the time the ethics complaint is filed.

(2) Upon the completion of the investigation and before an initial consideration of the investigation, the staff of the Professional Licensure Standards Board shall provide to the educator: (A) A copy of the documents and evidence concerning the investigation of the ethics complaint; and (B) Written notice that the ethics subcommittee will consider taking an action against the educator.

(A) A copy of the documents and evidence concerning the investigation of the ethics complaint; and

(B) Written notice that the ethics subcommittee will consider taking an action against the educator.

(g) (1) Within fourteen (14) calendar days after an educator receives the notice, documentation, and evidence from the staff of the Professional Licensure Standards Board under subsection (f) of this section, the educator may respond to the ethics complaint in writing. (2) The ethics subcommittee may permit additional time for a response.

(1) Within fourteen (14) calendar days after an educator receives the notice, documentation, and evidence from the staff of the Professional Licensure Standards Board under subsection (f) of this section, the educator may respond to the ethics complaint in writing.

(2) The ethics subcommittee may permit additional time for a response.

(h) (1) Upon receipt of the results of the investigation and any written response from the educator who is the subject of the ethics complaint, the ethics subcommittee shall issue an initial determination and provide notice of the initial determination to the educator. (2) Within fourteen (14) days of receiving notice of the initial determination, if the educator disagrees with the initial determination, the educator may request an evidentiary hearing in the manner specified in the rules of the Professional Licensure Standards Board.

(1) Upon receipt of the results of the investigation and any written response from the educator who is the subject of the ethics complaint, the ethics subcommittee shall issue an initial determination and provide notice of the initial determination to the educator.

(2) Within fourteen (14) days of receiving notice of the initial determination, if the educator disagrees with the initial determination, the educator may request an evidentiary hearing in the manner specified in the rules of the Professional Licensure Standards Board.

(i) (1) Upon request for a hearing, the staff of the Professional Licensure Standards Board shall provide the educator with notice of the time and date of the hearing, which shall be conducted in accordance with the rules of the Professional Licensure Standards Board. (2) The educator and the Professional Licensure Standards Board may be represented by representatives of their choosing.

(1) Upon request for a hearing, the staff of the Professional Licensure Standards Board shall provide the educator with notice of the time and date of the hearing, which shall be conducted in accordance with the rules of the Professional Licensure Standards Board.

(2) The educator and the Professional Licensure Standards Board may be represented by representatives of their choosing.

(j) Within ten (10) business days of the ethics subcommittee's taking action following a hearing, the ethics subcommittee shall provide the educator under investigation with written notice of the action.

(k) The staff of the Professional Licensure Standards Board shall complete its investigation of an ethics complaint and the ethics subcommittee shall take action: (1) Within one hundred fifty (150) days of authorizing the investigation of the ethics complaint; or (2) If a hearing is conducted, within one hundred eighty (180) days of authorizing the investigation of the ethics complaint.

(1) Within one hundred fifty (150) days of authorizing the investigation of the ethics complaint; or

(2) If a hearing is conducted, within one hundred eighty (180) days of authorizing the investigation of the ethics complaint.

(l) (1) The Professional Licensure Standards Board may waive the time limitations imposed under this section when reasonable under certain circumstances, including without limitation inclement weather, state or national emergencies, or other unforeseeable events. (2) The staff of the Professional Licensure Standards Board and the educator may agree to waive any deadline imposed under this section.

(1) The Professional Licensure Standards Board may waive the time limitations imposed under this section when reasonable under certain circumstances, including without limitation inclement weather, state or national emergencies, or other unforeseeable events.

(2) The staff of the Professional Licensure Standards Board and the educator may agree to waive any deadline imposed under this section.

(m) Except as provided in subsection (o) of this section, all records and all hearings, meetings, and deliberations of the Professional Licensure Standards Board and the ethics subcommittee relating to an ethics complaint are confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(n) All records pertaining to an ethics complaint shall be open for inspection and copying by the educator against whom the ethics complaint is lodged, unless otherwise prohibited by state or federal law.

(o) (1) A hearing under this section before the State Board of Education on a recommendation of the ethics subcommittee for enforcement of the code of ethics is a public hearing. (2) All records upon which the State Board of Education relies at a hearing under this subsection to make its decision are subject to public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) A hearing under this section before the State Board of Education on a recommendation of the ethics subcommittee for enforcement of the code of ethics is a public hearing.

(2) All records upon which the State Board of Education relies at a hearing under this subsection to make its decision are subject to public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(p) (1) As used in this subsection: (A) "Acted upon" means that the State Board of Education has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license; (B) "School hiring officer" means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license; (C) "Sexual abuse" has the same meaning as given to the term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a victim who is eighteen (18) years of age or older and is still a student; (D) "Student" means a person who is enrolled in a public or private school in any level from prekindergarten through grade twelve (preK-12); and (E) (i) "Substantiated allegation" means observance of or reasonable cause to believe that a violation of the code of ethics has occurred. (ii) The completion of an investigation is not required in order for an allegation to be a substantiated allegation. (iii) A substantiated allegation may be a preliminary determination made by a public school. (2) The code of ethics shall include without limitation the following provisions: (A) A standard that an educator maintains a professional relationship with each student, both in and outside the classroom; (B) Within twenty-four (24) hours of a matter coming to the attention of a public school supervisor, an educator in a supervisory role in an Arkansas school shall file an ethics complaint if he or she observes, has reasonable cause to suspect, or there is a substantiated allegation that an educator has violated the standard in subdivision (p)(2)(A) of this section; and (C) The failure to submit an ethics complaint under subdivision (p)(2)(B) of this section is a violation of the code of ethics. (3) (A) (i) The division shall establish and maintain a website providing a school hiring officer with the ability to determine if: (a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and (b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section. (ii) The website shall identify the action taken on the ethics complaint. (B) Before an educator who holds an Arkansas teaching license or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the website maintained by the division under subdivision (p)(3)(A) of this section to determine whether: (i) The State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section by the applicant; and (ii) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(1) As used in this subsection: (A) "Acted upon" means that the State Board of Education has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license; (B) "School hiring officer" means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license; (C) "Sexual abuse" has the same meaning as given to the term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a victim who is eighteen (18) years of age or older and is still a student; (D) "Student" means a person who is enrolled in a public or private school in any level from prekindergarten through grade twelve (preK-12); and (E) (i) "Substantiated allegation" means observance of or reasonable cause to believe that a violation of the code of ethics has occurred. (ii) The completion of an investigation is not required in order for an allegation to be a substantiated allegation. (iii) A substantiated allegation may be a preliminary determination made by a public school.

(A) "Acted upon" means that the State Board of Education has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license;

(B) "School hiring officer" means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license;

(C) "Sexual abuse" has the same meaning as given to the term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a victim who is eighteen (18) years of age or older and is still a student;

(D) "Student" means a person who is enrolled in a public or private school in any level from prekindergarten through grade twelve (preK-12); and

(E) (i) "Substantiated allegation" means observance of or reasonable cause to believe that a violation of the code of ethics has occurred. (ii) The completion of an investigation is not required in order for an allegation to be a substantiated allegation. (iii) A substantiated allegation may be a preliminary determination made by a public school.

(i) "Substantiated allegation" means observance of or reasonable cause to believe that a violation of the code of ethics has occurred.

(ii) The completion of an investigation is not required in order for an allegation to be a substantiated allegation.

(iii) A substantiated allegation may be a preliminary determination made by a public school.

(2) The code of ethics shall include without limitation the following provisions: (A) A standard that an educator maintains a professional relationship with each student, both in and outside the classroom; (B) Within twenty-four (24) hours of a matter coming to the attention of a public school supervisor, an educator in a supervisory role in an Arkansas school shall file an ethics complaint if he or she observes, has reasonable cause to suspect, or there is a substantiated allegation that an educator has violated the standard in subdivision (p)(2)(A) of this section; and (C) The failure to submit an ethics complaint under subdivision (p)(2)(B) of this section is a violation of the code of ethics.

(A) A standard that an educator maintains a professional relationship with each student, both in and outside the classroom;

(B) Within twenty-four (24) hours of a matter coming to the attention of a public school supervisor, an educator in a supervisory role in an Arkansas school shall file an ethics complaint if he or she observes, has reasonable cause to suspect, or there is a substantiated allegation that an educator has violated the standard in subdivision (p)(2)(A) of this section; and

(C) The failure to submit an ethics complaint under subdivision (p)(2)(B) of this section is a violation of the code of ethics.

(3) (A) (i) The division shall establish and maintain a website providing a school hiring officer with the ability to determine if: (a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and (b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section. (ii) The website shall identify the action taken on the ethics complaint. (B) Before an educator who holds an Arkansas teaching license or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the website maintained by the division under subdivision (p)(3)(A) of this section to determine whether: (i) The State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section by the applicant; and (ii) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(A) (i) The division shall establish and maintain a website providing a school hiring officer with the ability to determine if: (a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and (b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section. (ii) The website shall identify the action taken on the ethics complaint.

(i) The division shall establish and maintain a website providing a school hiring officer with the ability to determine if: (a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and (b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(a) The State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator; and

(b) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(ii) The website shall identify the action taken on the ethics complaint.

(B) Before an educator who holds an Arkansas teaching license or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the website maintained by the division under subdivision (p)(3)(A) of this section to determine whether: (i) The State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section by the applicant; and (ii) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(i) The State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section by the applicant; and

(ii) An applicant for employment has a pending ethics complaint regarding a violation of the standard in subdivision (p)(2)(A) of this section.

(q) Subject to the disclosure limitations of subsections (m) and (o) of this section, the division may include on the division's public website for licensure the following information on each violation of the code of ethics by an educator whose license the State Board of Education has suspended, revoked, denied, or not renewed based on the recommendations of the ethics subcommittee: (1) The code of ethics standard that was violated; (2) The sanction approved by the State Board of Education; and (3) A copy of the final order of the State Board of Education.

(1) The code of ethics standard that was violated;

(2) The sanction approved by the State Board of Education; and

(3) A copy of the final order of the State Board of Education.

Amended by Act 2023, No. 732,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 237,§ 26, eff. 3/8/2023.

Amended by Act 2023, No. 237,§ 25, eff. 3/8/2023.

Amended by Act 2021, No. 96,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 96,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 475,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1431, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1430, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1429, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1428, eff. 7/1/2019.

Amended by Act 2017, No. 564,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 564,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 564,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 275,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1090,§ 14, eff. 7/22/2015.

Amended by Act 2015, No. 1090,§ 13, eff. 7/22/2015.

Amended by Act 2015, No. 1090,§ 12, eff. 7/22/2015.

Amended by Act 2015, No. 1090,§ 11, eff. 7/22/2015.

Amended by Act 2015, No. 1090,§ 10, eff. 7/22/2015.

Amended by Act 2013, No. 1323,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 454,§ 4, eff. 8/16/2013.

Acts 2011, No. 1045, § 2.
Ark. Code Ann. § 6-60-1404 — AR Code / Title 6 / Chapter 60 / Subchapter 14 / Section 6-60-1404
Procedural protections
Status: in_force

(a) (1) The procedural protections established by this subchapter shall apply only to a serious violation. (2) An institution shall not impose a sanction of suspension or expulsion for a violation of a nonacademic rule under an institution's student code of conduct unless the procedural protections established by this subchapter are followed. (b) (1) An institution shall maintain an administrative file of all disciplinary proceedings. (2) The administrative file required under subdivision (b)(1) of this section shall include without limitation all documents and evidence in the institution's possession or control that are relevant to an alleged violation of the institution's code of student conduct and the institution's investigation into the alleged violation of the institution's code of student conduct, including without limitation: (A) Exculpatory evidence; (B) Statements by an accuser or an accused student or a student organization; (C) Third-party witness statements; (D) Electronically stored information; (E) Written communications; (F) Social media posts; (G) Demonstrative evidence; (H) Documents submitted by any participant involved in disciplinary proceedings; and (I) The institution's choice of a video recording, an audio recording, or a transcript of any disciplinary hearing ultimately held on the matter. (3) The administrative file required under subdivision (b)(1) of this section shall not include privileged documents, internal communications, or communications from nonparties that the institution does not intend to introduce as evidence at a disciplinary proceeding. (c) (1) A student who is accused of a serious violation and who is enrolled at an institution shall have the following disciplinary rights and be subject to the following procedures: (A) The right to receive a copy of this subchapter at the inception of the disciplinary matter; (B) (i) The right to be represented by: (a) An attorney; or (b) A non-attorney advocate if the student or student organization prefers. (ii) An attorney or non-attorney advocate representing a student or student organization under subdivision (c)(1)(B)(i) of this section may fully participate during a disciplinary proceeding. (iii) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(B)(i) of this section applies until the conclusion of any institution appellate process. (iv) (a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section. (b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate; (C) (i) The express presumption of innocence. (ii) A student or student organization shall not be deemed guilty of a violation of the code of student conduct of an institution until: (a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or (b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization; (D) The right to have the opportunity for a live hearing, including the right to: (i) (a) Be present at a disciplinary proceeding. (b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section; (ii) Make an opening and closing statement; (iii) Present relevant evidence; and (iv) Cross-examine adverse witnesses through an attorney or non-attorney advocate, which the student is responsible for selecting and compensating; (E) The right to be advised by an institution of the student's or student organization's rights under this subchapter: (i) Before a disciplinary proceeding is scheduled; and (ii) At least twenty-four (24) hours before a student or student organization may be questioned by the institution or an agent of the institution regarding any allegation of a serious violation, provided that nothing in this subchapter restricts the ability of campus law enforcement to investigate a possible criminal violation; (F) (i) The opportunity to appeal an institution's initial decision to an appellate entity that is an institutional employee or body that did not make the initial decision finding the student or student organization to be in violation of the institution's nonacademic or code of student conduct rules. (ii) An appeal under subdivision (c)(1)(F)(i) of this section shall be filed within twenty-five (25) days after a student or student organization receives final notice of an institution's decision. (iii) (a) An institution may designate the appellate entity as the final institutional authority. (b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief; (G) (i) Reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's alleged violation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (ii) However, individual portions of the administrative file shall be redacted if confidentiality of the evidence is required by law; (H) (i) The right for a disciplinary proceeding to be carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles. (ii) An institution shall be considered to be commingling administrative or adjudicative roles if an individual carries out more than one (1) of the following roles with respect to the disciplinary proceeding: (a) Attorney or non-attorney advocate for a complaining or accused student or student organization; (b) Investigator; (c) Adjudicator; or (d) Appellate adjudicator. (iii) It is not a conflict of interest under this subdivision (c)(1)(H) for the institution's investigator to simultaneously serve as the individual who presents evidence to an adjudicator; and (I) The right of a student or student organization that makes a complaint against another student or student organization for purposes of a disciplinary hearing to: (i) (a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding. (b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process; (ii) (a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and (iii) (a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct. (b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing. (2) The rights provided under subdivision (c)(1) of this section shall be included in each institution's code of student conduct. (d) (1) At the conclusion of a disciplinary proceeding or an appeal that involves a serious violation, an institution's chancellor or vice chancellor of student affairs shall certify that the substantial rights of student complainants and respondents as established under this subchapter have been followed. (2) The certification required under subdivision (d)(1) of this section shall be maintained in the administrative file required under subdivision (b)(1) of this section. Added by Act 2023, No. 470,§ 2, eff. 8/1/2023.

(a) (1) The procedural protections established by this subchapter shall apply only to a serious violation. (2) An institution shall not impose a sanction of suspension or expulsion for a violation of a nonacademic rule under an institution's student code of conduct unless the procedural protections established by this subchapter are followed.

(1) The procedural protections established by this subchapter shall apply only to a serious violation.

(2) An institution shall not impose a sanction of suspension or expulsion for a violation of a nonacademic rule under an institution's student code of conduct unless the procedural protections established by this subchapter are followed.

(b) (1) An institution shall maintain an administrative file of all disciplinary proceedings. (2) The administrative file required under subdivision (b)(1) of this section shall include without limitation all documents and evidence in the institution's possession or control that are relevant to an alleged violation of the institution's code of student conduct and the institution's investigation into the alleged violation of the institution's code of student conduct, including without limitation: (A) Exculpatory evidence; (B) Statements by an accuser or an accused student or a student organization; (C) Third-party witness statements; (D) Electronically stored information; (E) Written communications; (F) Social media posts; (G) Demonstrative evidence; (H) Documents submitted by any participant involved in disciplinary proceedings; and (I) The institution's choice of a video recording, an audio recording, or a transcript of any disciplinary hearing ultimately held on the matter. (3) The administrative file required under subdivision (b)(1) of this section shall not include privileged documents, internal communications, or communications from nonparties that the institution does not intend to introduce as evidence at a disciplinary proceeding.

(1) An institution shall maintain an administrative file of all disciplinary proceedings.

(2) The administrative file required under subdivision (b)(1) of this section shall include without limitation all documents and evidence in the institution's possession or control that are relevant to an alleged violation of the institution's code of student conduct and the institution's investigation into the alleged violation of the institution's code of student conduct, including without limitation: (A) Exculpatory evidence; (B) Statements by an accuser or an accused student or a student organization; (C) Third-party witness statements; (D) Electronically stored information; (E) Written communications; (F) Social media posts; (G) Demonstrative evidence; (H) Documents submitted by any participant involved in disciplinary proceedings; and (I) The institution's choice of a video recording, an audio recording, or a transcript of any disciplinary hearing ultimately held on the matter.

(A) Exculpatory evidence;

(B) Statements by an accuser or an accused student or a student organization;

(C) Third-party witness statements;

(D) Electronically stored information;

(E) Written communications;

(F) Social media posts;

(G) Demonstrative evidence;

(H) Documents submitted by any participant involved in disciplinary proceedings; and

(I) The institution's choice of a video recording, an audio recording, or a transcript of any disciplinary hearing ultimately held on the matter.

(3) The administrative file required under subdivision (b)(1) of this section shall not include privileged documents, internal communications, or communications from nonparties that the institution does not intend to introduce as evidence at a disciplinary proceeding.

(c) (1) A student who is accused of a serious violation and who is enrolled at an institution shall have the following disciplinary rights and be subject to the following procedures: (A) The right to receive a copy of this subchapter at the inception of the disciplinary matter; (B) (i) The right to be represented by: (a) An attorney; or (b) A non-attorney advocate if the student or student organization prefers. (ii) An attorney or non-attorney advocate representing a student or student organization under subdivision (c)(1)(B)(i) of this section may fully participate during a disciplinary proceeding. (iii) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(B)(i) of this section applies until the conclusion of any institution appellate process. (iv) (a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section. (b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate; (C) (i) The express presumption of innocence. (ii) A student or student organization shall not be deemed guilty of a violation of the code of student conduct of an institution until: (a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or (b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization; (D) The right to have the opportunity for a live hearing, including the right to: (i) (a) Be present at a disciplinary proceeding. (b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section; (ii) Make an opening and closing statement; (iii) Present relevant evidence; and (iv) Cross-examine adverse witnesses through an attorney or non-attorney advocate, which the student is responsible for selecting and compensating; (E) The right to be advised by an institution of the student's or student organization's rights under this subchapter: (i) Before a disciplinary proceeding is scheduled; and (ii) At least twenty-four (24) hours before a student or student organization may be questioned by the institution or an agent of the institution regarding any allegation of a serious violation, provided that nothing in this subchapter restricts the ability of campus law enforcement to investigate a possible criminal violation; (F) (i) The opportunity to appeal an institution's initial decision to an appellate entity that is an institutional employee or body that did not make the initial decision finding the student or student organization to be in violation of the institution's nonacademic or code of student conduct rules. (ii) An appeal under subdivision (c)(1)(F)(i) of this section shall be filed within twenty-five (25) days after a student or student organization receives final notice of an institution's decision. (iii) (a) An institution may designate the appellate entity as the final institutional authority. (b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief; (G) (i) Reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's alleged violation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (ii) However, individual portions of the administrative file shall be redacted if confidentiality of the evidence is required by law; (H) (i) The right for a disciplinary proceeding to be carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles. (ii) An institution shall be considered to be commingling administrative or adjudicative roles if an individual carries out more than one (1) of the following roles with respect to the disciplinary proceeding: (a) Attorney or non-attorney advocate for a complaining or accused student or student organization; (b) Investigator; (c) Adjudicator; or (d) Appellate adjudicator. (iii) It is not a conflict of interest under this subdivision (c)(1)(H) for the institution's investigator to simultaneously serve as the individual who presents evidence to an adjudicator; and (I) The right of a student or student organization that makes a complaint against another student or student organization for purposes of a disciplinary hearing to: (i) (a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding. (b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process; (ii) (a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and (iii) (a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct. (b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing. (2) The rights provided under subdivision (c)(1) of this section shall be included in each institution's code of student conduct.

(1) A student who is accused of a serious violation and who is enrolled at an institution shall have the following disciplinary rights and be subject to the following procedures: (A) The right to receive a copy of this subchapter at the inception of the disciplinary matter; (B) (i) The right to be represented by: (a) An attorney; or (b) A non-attorney advocate if the student or student organization prefers. (ii) An attorney or non-attorney advocate representing a student or student organization under subdivision (c)(1)(B)(i) of this section may fully participate during a disciplinary proceeding. (iii) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(B)(i) of this section applies until the conclusion of any institution appellate process. (iv) (a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section. (b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate; (C) (i) The express presumption of innocence. (ii) A student or student organization shall not be deemed guilty of a violation of the code of student conduct of an institution until: (a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or (b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization; (D) The right to have the opportunity for a live hearing, including the right to: (i) (a) Be present at a disciplinary proceeding. (b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section; (ii) Make an opening and closing statement; (iii) Present relevant evidence; and (iv) Cross-examine adverse witnesses through an attorney or non-attorney advocate, which the student is responsible for selecting and compensating; (E) The right to be advised by an institution of the student's or student organization's rights under this subchapter: (i) Before a disciplinary proceeding is scheduled; and (ii) At least twenty-four (24) hours before a student or student organization may be questioned by the institution or an agent of the institution regarding any allegation of a serious violation, provided that nothing in this subchapter restricts the ability of campus law enforcement to investigate a possible criminal violation; (F) (i) The opportunity to appeal an institution's initial decision to an appellate entity that is an institutional employee or body that did not make the initial decision finding the student or student organization to be in violation of the institution's nonacademic or code of student conduct rules. (ii) An appeal under subdivision (c)(1)(F)(i) of this section shall be filed within twenty-five (25) days after a student or student organization receives final notice of an institution's decision. (iii) (a) An institution may designate the appellate entity as the final institutional authority. (b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief; (G) (i) Reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's alleged violation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (ii) However, individual portions of the administrative file shall be redacted if confidentiality of the evidence is required by law; (H) (i) The right for a disciplinary proceeding to be carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles. (ii) An institution shall be considered to be commingling administrative or adjudicative roles if an individual carries out more than one (1) of the following roles with respect to the disciplinary proceeding: (a) Attorney or non-attorney advocate for a complaining or accused student or student organization; (b) Investigator; (c) Adjudicator; or (d) Appellate adjudicator. (iii) It is not a conflict of interest under this subdivision (c)(1)(H) for the institution's investigator to simultaneously serve as the individual who presents evidence to an adjudicator; and (I) The right of a student or student organization that makes a complaint against another student or student organization for purposes of a disciplinary hearing to: (i) (a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding. (b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process; (ii) (a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and (iii) (a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct. (b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing.

(A) The right to receive a copy of this subchapter at the inception of the disciplinary matter;

(B) (i) The right to be represented by: (a) An attorney; or (b) A non-attorney advocate if the student or student organization prefers. (ii) An attorney or non-attorney advocate representing a student or student organization under subdivision (c)(1)(B)(i) of this section may fully participate during a disciplinary proceeding. (iii) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(B)(i) of this section applies until the conclusion of any institution appellate process. (iv) (a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section. (b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate;

(i) The right to be represented by: (a) An attorney; or (b) A non-attorney advocate if the student or student organization prefers.

(a) An attorney; or

(b) A non-attorney advocate if the student or student organization prefers.

(ii) An attorney or non-attorney advocate representing a student or student organization under subdivision (c)(1)(B)(i) of this section may fully participate during a disciplinary proceeding.

(iii) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(B)(i) of this section applies until the conclusion of any institution appellate process.

(iv) (a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section. (b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate;

(a) It shall be the student's or the student organization's responsibility to make arrangements for the use of an attorney or a non-attorney advocate as permitted under subdivision (c)(1)(B)(i) of this section.

(b) An institution shall not be responsible for providing, training, or paying for the services of an attorney or a non-attorney advocate;

(C) (i) The express presumption of innocence. (ii) A student or student organization shall not be deemed guilty of a violation of the code of student conduct of an institution until: (a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or (b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization;

(i) The express presumption of innocence.

(ii) A student or student organization shall not be deemed guilty of a violation of the code of student conduct of an institution until: (a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or (b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization;

(a) A student or student organization formally acknowledges responsibility for a violation of the code of student conduct; or

(b) The conclusion of a disciplinary proceeding during which an institution has established every element of an alleged violation by the student or student organization;

(D) The right to have the opportunity for a live hearing, including the right to: (i) (a) Be present at a disciplinary proceeding. (b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section; (ii) Make an opening and closing statement; (iii) Present relevant evidence; and (iv) Cross-examine adverse witnesses through an attorney or non-attorney advocate, which the student is responsible for selecting and compensating;

(i) (a) Be present at a disciplinary proceeding. (b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section;

(a) Be present at a disciplinary proceeding.

(b) (1) A student or student organization may waive the right to be present at a disciplinary proceeding. (2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding. (3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section. (4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section;

(1) A student or student organization may waive the right to be present at a disciplinary proceeding.

(2) A waiver under subdivision (c)(1)(D)(i) (b)(1) of this section shall be: (A) Provided in writing by the student or student organization; and (B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding.

(A) Provided in writing by the student or student organization; and

(B) Signed by the student or student organization and the adjudicator of the disciplinary proceeding.

(3) A copy of the signed waiver required under subdivision (c)(1)(D)(i) (b)(2)(B) of this section shall be provided to the student or student organization and placed in the administrative file required under subdivision (b)(1) of this section.

(4) If a student or student organization waives the right to be present at a disciplinary proceeding under subdivision (c)(1)(D)(i) (b)(1) of this section, the student or student organization shall not have a right to appeal an institution's initial decision under subdivision (c)(1)(F) of this section;

(ii) Make an opening and closing statement;

(iii) Present relevant evidence; and

(iv) Cross-examine adverse witnesses through an attorney or non-attorney advocate, which the student is responsible for selecting and compensating;

(E) The right to be advised by an institution of the student's or student organization's rights under this subchapter: (i) Before a disciplinary proceeding is scheduled; and (ii) At least twenty-four (24) hours before a student or student organization may be questioned by the institution or an agent of the institution regarding any allegation of a serious violation, provided that nothing in this subchapter restricts the ability of campus law enforcement to investigate a possible criminal violation;

(i) Before a disciplinary proceeding is scheduled; and

(ii) At least twenty-four (24) hours before a student or student organization may be questioned by the institution or an agent of the institution regarding any allegation of a serious violation, provided that nothing in this subchapter restricts the ability of campus law enforcement to investigate a possible criminal violation;

(F) (i) The opportunity to appeal an institution's initial decision to an appellate entity that is an institutional employee or body that did not make the initial decision finding the student or student organization to be in violation of the institution's nonacademic or code of student conduct rules. (ii) An appeal under subdivision (c)(1)(F)(i) of this section shall be filed within twenty-five (25) days after a student or student organization receives final notice of an institution's decision. (iii) (a) An institution may designate the appellate entity as the final institutional authority. (b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief;

(i) The opportunity to appeal an institution's initial decision to an appellate entity that is an institutional employee or body that did not make the initial decision finding the student or student organization to be in violation of the institution's nonacademic or code of student conduct rules.

(ii) An appeal under subdivision (c)(1)(F)(i) of this section shall be filed within twenty-five (25) days after a student or student organization receives final notice of an institution's decision.

(iii) (a) An institution may designate the appellate entity as the final institutional authority. (b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief;

(a) An institution may designate the appellate entity as the final institutional authority.

(b) However, nothing in this subchapter precludes a court from granting a prevailing plaintiff equitable relief;

(G) (i) Reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's alleged violation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (ii) However, individual portions of the administrative file shall be redacted if confidentiality of the evidence is required by law;

(i) Reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's alleged violation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law.

(ii) However, individual portions of the administrative file shall be redacted if confidentiality of the evidence is required by law;

(H) (i) The right for a disciplinary proceeding to be carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles. (ii) An institution shall be considered to be commingling administrative or adjudicative roles if an individual carries out more than one (1) of the following roles with respect to the disciplinary proceeding: (a) Attorney or non-attorney advocate for a complaining or accused student or student organization; (b) Investigator; (c) Adjudicator; or (d) Appellate adjudicator. (iii) It is not a conflict of interest under this subdivision (c)(1)(H) for the institution's investigator to simultaneously serve as the individual who presents evidence to an adjudicator; and

(i) The right for a disciplinary proceeding to be carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles.

(ii) An institution shall be considered to be commingling administrative or adjudicative roles if an individual carries out more than one (1) of the following roles with respect to the disciplinary proceeding: (a) Attorney or non-attorney advocate for a complaining or accused student or student organization; (b) Investigator; (c) Adjudicator; or (d) Appellate adjudicator.

(a) Attorney or non-attorney advocate for a complaining or accused student or student organization;

(b) Investigator;

(c) Adjudicator; or

(d) Appellate adjudicator.

(iii) It is not a conflict of interest under this subdivision (c)(1)(H) for the institution's investigator to simultaneously serve as the individual who presents evidence to an adjudicator; and

(I) The right of a student or student organization that makes a complaint against another student or student organization for purposes of a disciplinary hearing to: (i) (a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding. (b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process; (ii) (a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and (iii) (a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct. (b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing.

(i) (a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding. (b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process;

(a) Be represented at the student's or student organization's own expense by an attorney or, if the complaining student or student organization prefers, an non-attorney advocate, who may fully participate during a disciplinary proceeding.

(b) The right of a student or student organization to be represented by an attorney or non-attorney advocate under subdivision (c)(1)(I)(i) (a) of this section applies until the conclusion of any institution appellate process;

(ii) (a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law. (b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and

(a) Have reasonable continuing access to the administrative file required under subdivision (b)(1) of this section that pertains to the student's or student organization's allegation and the ability to review all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary hearing, or sooner if otherwise specified by federal law.

(b) However, individual portions of the administrative file required under subdivision (b)(1) of this section shall be redacted if confidentiality of the evidence is required by law; and

(iii) (a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct. (b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing.

(a) Appeal an institution's decision following a disciplinary proceeding on grounds set forth in the institution's student code of conduct.

(b) An institution shall provide simultaneous notification to both the student or student organization that makes a complaint against another student or student organization and the student or student organization that is the subject of a complaint regarding the institution's procedures to appeal the result of a disciplinary hearing.

(2) The rights provided under subdivision (c)(1) of this section shall be included in each institution's code of student conduct.

(d) (1) At the conclusion of a disciplinary proceeding or an appeal that involves a serious violation, an institution's chancellor or vice chancellor of student affairs shall certify that the substantial rights of student complainants and respondents as established under this subchapter have been followed. (2) The certification required under subdivision (d)(1) of this section shall be maintained in the administrative file required under subdivision (b)(1) of this section.

(1) At the conclusion of a disciplinary proceeding or an appeal that involves a serious violation, an institution's chancellor or vice chancellor of student affairs shall certify that the substantial rights of student complainants and respondents as established under this subchapter have been followed.

(2) The certification required under subdivision (d)(1) of this section shall be maintained in the administrative file required under subdivision (b)(1) of this section.

Added by Act 2023, No. 470,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 6-82-503 — AR Code / Title 6 / Chapter 82 / Subchapter 5 / Section 6-82-503
Entitlement
Status: in_force

(a) If any Arkansas law enforcement officer, full-time or volunteer firefighter, emergency medical technician, state highway employee, state correction employee, Division of Community Correction employee, state parks employee, teacher, or state forestry employee suffers fatal injuries or wounds or becomes permanently and totally disabled as a result of injuries or wounds that occurred in the performance of a hazardous duty within the scope of his or her employment or that occurred en route to or returning from a location where a hazardous situation existed, his or her children and spouse shall be entitled to a total of eight (8) semesters, or the equivalent thereof, of scholarship awards without cost, exclusive of books, food, school supplies, materials, and dues or fees for extracurricular activities, at any state-supported college, university, or technical institute of his or her choice within this state. Up to four (4) semesters, or the equivalent thereof, may be taken at a technical institute. (b) Scholarship benefits shall not accrue under this subchapter to any person if the wounds or injuries suffered by any law enforcement officer, firefighter, emergency medical technician, state highway employee, state correction employee, Division of Community Correction employee, state parks employee, teacher, or state forestry employee are self-inflicted or if the death is self-induced. (c) Unless § 6-82-504(e) is applicable, the Arkansas State Claims Commission shall award any scholarship benefit provided by this subchapter at the same time that any death benefit or total and permanent disability benefit is awarded by the commission under the provisions of § 21-5-701 et seq. Acts 1973, No. 521, §§ 1, 2; A.S.A. 1947, §§ 80-3359, 80-3360; Acts 1989, No. 190, § 1; 1993, No. 153, § 2; 1997, No. 547, § 10; 1999, No. 56, § 2; 1999, No. 1034, § 2; 2001, No. 113, § 2; 2001, No. 158, § 1; 2007, No. 172, § 1; No. 806, § 3.

(a) If any Arkansas law enforcement officer, full-time or volunteer firefighter, emergency medical technician, state highway employee, state correction employee, Division of Community Correction employee, state parks employee, teacher, or state forestry employee suffers fatal injuries or wounds or becomes permanently and totally disabled as a result of injuries or wounds that occurred in the performance of a hazardous duty within the scope of his or her employment or that occurred en route to or returning from a location where a hazardous situation existed, his or her children and spouse shall be entitled to a total of eight (8) semesters, or the equivalent thereof, of scholarship awards without cost, exclusive of books, food, school supplies, materials, and dues or fees for extracurricular activities, at any state-supported college, university, or technical institute of his or her choice within this state. Up to four (4) semesters, or the equivalent thereof, may be taken at a technical institute.

(b) Scholarship benefits shall not accrue under this subchapter to any person if the wounds or injuries suffered by any law enforcement officer, firefighter, emergency medical technician, state highway employee, state correction employee, Division of Community Correction employee, state parks employee, teacher, or state forestry employee are self-inflicted or if the death is self-induced.

(c) Unless § 6-82-504(e) is applicable, the Arkansas State Claims Commission shall award any scholarship benefit provided by this subchapter at the same time that any death benefit or total and permanent disability benefit is awarded by the commission under the provisions of § 21-5-701 et seq.

Acts 1973, No. 521, §§ 1, 2; A.S.A. 1947, §§ 80-3359, 80-3360; Acts 1989, No. 190, § 1; 1993, No. 153, § 2; 1997, No. 547, § 10; 1999, No. 56, § 2; 1999, No. 1034, § 2; 2001, No. 113, § 2; 2001, No. 158, § 1; 2007, No. 172, § 1; No. 806, § 3.
Ark. Code Ann. § 6-17-109 — AR Code / Title 6 / Chapter 17 / Subchapter 1 / Section 6-17-109
Travel reimbursement for family and consumer science teachers
Status: in_force

Teachers of family and consumer science shall be reimbursed for travel in the same manner as provided for teachers of agriculture. Acts 1989 (1st Ex. Sess.), No. 127, § 28; 1989 (1st Ex. Sess.), No. 276, § 46; 1999, No. 1323, § 19.

Teachers of family and consumer science shall be reimbursed for travel in the same manner as provided for teachers of agriculture.

Acts 1989 (1st Ex. Sess.), No. 127, § 28; 1989 (1st Ex. Sess.), No. 276, § 46; 1999, No. 1323, § 19.
Ark. Code Ann. § 6-5-901 — AR Code / Title 6 / Chapter 5 / Subchapter 9 / Section 6-5-901
Legislative intent - Findings
Status: in_force

(a) It is the intent of the General Assembly to expand the availability of positive youth development programs that incorporate the standards and recommendations of the Governor's Task Force on Best Practices for After-School and Summer Programs, including without limitation: (1) School-based and school-linked afterschool and summer programs; (2) 21st Century Community Learning Centers; (3) Boys and Girls Clubs of America; (4) Young Men's Christian Associations; (5) 4-H clubs; and (6) School-age care programs. (b) The General Assembly finds that: (1) Positive youth development programs: (A) Support working families by ensuring their children and youth are safe and productive during out-of-school time; (B) Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills; (C) May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and (D) Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and (2) Students participating in positive youth development programs: (A) Have higher daily school attendance; (B) Report higher aspirations toward finishing school and going to college; (C) Have fewer discipline problems; (D) Show significant gains in standardized test scores; (E) Are more likely to have a positive view of themselves and their hope for the future; (F) Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and (G) Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors. Acts 2011, No. 166, § 1.

(a) It is the intent of the General Assembly to expand the availability of positive youth development programs that incorporate the standards and recommendations of the Governor's Task Force on Best Practices for After-School and Summer Programs, including without limitation: (1) School-based and school-linked afterschool and summer programs; (2) 21st Century Community Learning Centers; (3) Boys and Girls Clubs of America; (4) Young Men's Christian Associations; (5) 4-H clubs; and (6) School-age care programs.

(1) School-based and school-linked afterschool and summer programs;

(2) 21st Century Community Learning Centers;

(3) Boys and Girls Clubs of America;

(4) Young Men's Christian Associations;

(5) 4-H clubs; and

(6) School-age care programs.

(b) The General Assembly finds that: (1) Positive youth development programs: (A) Support working families by ensuring their children and youth are safe and productive during out-of-school time; (B) Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills; (C) May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and (D) Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and (2) Students participating in positive youth development programs: (A) Have higher daily school attendance; (B) Report higher aspirations toward finishing school and going to college; (C) Have fewer discipline problems; (D) Show significant gains in standardized test scores; (E) Are more likely to have a positive view of themselves and their hope for the future; (F) Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and (G) Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors.

(1) Positive youth development programs: (A) Support working families by ensuring their children and youth are safe and productive during out-of-school time; (B) Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills; (C) May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and (D) Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and

(A) Support working families by ensuring their children and youth are safe and productive during out-of-school time;

(B) Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills;

(C) May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and

(D) Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and

(2) Students participating in positive youth development programs: (A) Have higher daily school attendance; (B) Report higher aspirations toward finishing school and going to college; (C) Have fewer discipline problems; (D) Show significant gains in standardized test scores; (E) Are more likely to have a positive view of themselves and their hope for the future; (F) Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and (G) Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors.

(A) Have higher daily school attendance;

(B) Report higher aspirations toward finishing school and going to college;

(C) Have fewer discipline problems;

(D) Show significant gains in standardized test scores;

(E) Are more likely to have a positive view of themselves and their hope for the future;

(F) Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and

(G) Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors.

Acts 2011, No. 166, § 1.
Ark. Code Ann. § 6-58-113 — AR Code / Title 6 / Chapter 58 / Section 6-58-113
Employee health insurance plan
Status: in_force

(a) The Board of Trustees of National Park College may determine each year whether to offer employees of National Park College more than one (1) health insurance plan from which to choose. (b) If more than one (1) health insurance plan is authorized by the Board of Trustees of National Park College, a permanent employee of the college may annually elect to enroll in: (1) The National Park College Health Insurance Plan, if a plan is adopted by the Board of Trustees of National Park College; or (2) The health insurance plan adopted by the State Board of Finance for state employees, if the Board of Trustees of National Park College authorizes college employees to participate in the plan subject to the conditions and rates established by the State Board of Finance. (c) The election under subsection (b) of this section must be made: (1) At the time of initial employment by the college; or (2) During the applicable annual open enrollment period for the health insurance plan. (d) An election under subsection (b) of this section is effective for the health insurance plan year and may not be altered until the following annual open enrollment period for the health insurance plan. Amended by Act 2021, No. 1004,§ 6, eff. 4/28/2021. Amended by Act 2016F, No. 141,§ 6, eff. 7/1/2016. Acts 2005, No. 908, § 1.

(a) The Board of Trustees of National Park College may determine each year whether to offer employees of National Park College more than one (1) health insurance plan from which to choose.

(b) If more than one (1) health insurance plan is authorized by the Board of Trustees of National Park College, a permanent employee of the college may annually elect to enroll in: (1) The National Park College Health Insurance Plan, if a plan is adopted by the Board of Trustees of National Park College; or (2) The health insurance plan adopted by the State Board of Finance for state employees, if the Board of Trustees of National Park College authorizes college employees to participate in the plan subject to the conditions and rates established by the State Board of Finance.

(1) The National Park College Health Insurance Plan, if a plan is adopted by the Board of Trustees of National Park College; or

(2) The health insurance plan adopted by the State Board of Finance for state employees, if the Board of Trustees of National Park College authorizes college employees to participate in the plan subject to the conditions and rates established by the State Board of Finance.

(c) The election under subsection (b) of this section must be made: (1) At the time of initial employment by the college; or (2) During the applicable annual open enrollment period for the health insurance plan.

(1) At the time of initial employment by the college; or

(2) During the applicable annual open enrollment period for the health insurance plan.

(d) An election under subsection (b) of this section is effective for the health insurance plan year and may not be altered until the following annual open enrollment period for the health insurance plan.

Amended by Act 2021, No. 1004,§ 6, eff. 4/28/2021.

Amended by Act 2016F, No. 141,§ 6, eff. 7/1/2016.

Acts 2005, No. 908, § 1.
Ark. Code Ann. § 6-11-110 — AR Code / Title 6 / Chapter 11 / Subchapter 1 / Section 6-11-110
Uniform system of records - Reports
Status: in_force

(a) The State Board of Education shall prescribe a uniform system of records to be kept by the school directors, principals, and teachers of schools. (b) All the school officials and employees listed in subsection (a) of this section shall make reports to the Commissioner of Elementary and Secondary Education as may be designated by the state board. Amended by Act 2019, No. 910,§ 1098, eff. 7/1/2019. Acts 1931, No. 169, § 18; Pope's Dig., § 11457; A.S.A. 1947, § 80-117; Acts 1999, No. 1323, § 11.

(a) The State Board of Education shall prescribe a uniform system of records to be kept by the school directors, principals, and teachers of schools.

(b) All the school officials and employees listed in subsection (a) of this section shall make reports to the Commissioner of Elementary and Secondary Education as may be designated by the state board.

Amended by Act 2019, No. 910,§ 1098, eff. 7/1/2019.

Acts 1931, No. 169, § 18; Pope's Dig., § 11457; A.S.A. 1947, § 80-117; Acts 1999, No. 1323, § 11.
Ark. Code Ann. § 6-16-154 — AR Code / Title 6 / Chapter 16 / Subchapter 1 / Section 6-16-154
Holocaust education - Required - Definition
Status: in_force

(a) Beginning in the 2022-2023 school year, Holocaust education shall be taught in all public schools in a manner that: (1) Generates an understanding of the causes, course, and effects of the Holocaust; (2) Develops dialogue with students on the ramifications of bullying, bigotry, stereotyping, and discrimination; and (3) Encourages tolerance of diversity and reverence for human dignity for all citizens in a pluralistic society. (b) The State Board of Education, in consultation with local, statewide, and national experts in Holocaust education, shall develop and distribute curricula, standards, materials, and units relating to Holocaust education for grade-appropriate grades five through twelve (5-12) instruction in all public schools. (c) As used in this section, "Holocaust" means the systematic, state-sponsored persecution and attempted annihilation of Jews and other groups by the Nazi regime in Germany between 1933 and 1945, which resulted in the murder of approximately six million (6,000,000) Jews and five million (5,000,000) other individuals. (d) (1) To educate students about the significance and history of the Holocaust, the last full week of classes in January in Arkansas public schools shall be designated as "Holocaust Education Week". (2) The state board shall: (A) Notify all public schools before the beginning of each school year of the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section; and (B) Encourage all public schools to teach Holocaust education during the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section. Amended by Act 2023, No. 48,§ 1, eff. 8/1/2023. Added by Act 2021, No. 611,§ 1, eff. 7/28/2021.

(a) Beginning in the 2022-2023 school year, Holocaust education shall be taught in all public schools in a manner that: (1) Generates an understanding of the causes, course, and effects of the Holocaust; (2) Develops dialogue with students on the ramifications of bullying, bigotry, stereotyping, and discrimination; and (3) Encourages tolerance of diversity and reverence for human dignity for all citizens in a pluralistic society.

(1) Generates an understanding of the causes, course, and effects of the Holocaust;

(2) Develops dialogue with students on the ramifications of bullying, bigotry, stereotyping, and discrimination; and

(3) Encourages tolerance of diversity and reverence for human dignity for all citizens in a pluralistic society.

(b) The State Board of Education, in consultation with local, statewide, and national experts in Holocaust education, shall develop and distribute curricula, standards, materials, and units relating to Holocaust education for grade-appropriate grades five through twelve (5-12) instruction in all public schools.

(c) As used in this section, "Holocaust" means the systematic, state-sponsored persecution and attempted annihilation of Jews and other groups by the Nazi regime in Germany between 1933 and 1945, which resulted in the murder of approximately six million (6,000,000) Jews and five million (5,000,000) other individuals.

(d) (1) To educate students about the significance and history of the Holocaust, the last full week of classes in January in Arkansas public schools shall be designated as "Holocaust Education Week". (2) The state board shall: (A) Notify all public schools before the beginning of each school year of the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section; and (B) Encourage all public schools to teach Holocaust education during the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section.

(1) To educate students about the significance and history of the Holocaust, the last full week of classes in January in Arkansas public schools shall be designated as "Holocaust Education Week".

(2) The state board shall: (A) Notify all public schools before the beginning of each school year of the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section; and (B) Encourage all public schools to teach Holocaust education during the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section.

(A) Notify all public schools before the beginning of each school year of the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section; and

(B) Encourage all public schools to teach Holocaust education during the dates designated as "Holocaust Education Week" required under subdivision (d)(1) of this section.

Amended by Act 2023, No. 48,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 611,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-20-402 — AR Code / Title 6 / Chapter 20 / Subchapter 4 / Section 6-20-402
Limitation on current indebtedness - Postdated warrants and installment contracts - Liability
Status: in_force

(a) (1) (A) The amount of obligations incurred by a school district for any school fiscal year shall not be in excess of the revenue receipts of the district for that year except as provided in this section and in § 6-20-801 et seq. (B) A school district or public charter school may enter into public-private partnerships whereby the school district or public charter school enters into a lease-purchase agreement for the acquisition or construction of a school building or related facilities built or acquired by the private entities with facilities bonds exempt from federal taxes under 26 U.S.C. § 142(a)(13) , as it existed on January 1, 2003, or otherwise exempt under 26 U.S.C. § 103 , as it existed on January 1, 2005. (2) A school district may issue postdated warrants or enter into installment contracts or short-term lease-purchase agreements for the following purposes: (A) Purchase of school buses; (B) Payment of premiums of insurance policies on school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer; (C) (i) Purchase of equipment. (ii) However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment; (D) Installation or purchase, or both, of energy conservation measures in school facilities; (E) Construction, repair, and renovation of school facilities; (F) Purchase of school sites; (G) Payment on loans secured for settlement resulting from litigation against a school district; (H) Payment of the district's pro rata part of employing professional appraisers as authorized by laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes; and (I) The professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed]. (3) School districts may issue postdated warrants or enter into installment contracts or lease-purchase agreements in an amount sufficient to accomplish the purposes listed in subdivision (a)(2) of this section and to pay the costs of issuing the postdated warrants or entering into the installment contracts or lease-purchase agreements. (b) (1) (A) Except as provided in subdivisions (b)(1)(B) and (C) of this section, a postdated warrant, a short-term lease-purchase agreement, or an installment contract must be paid within ten (10) years of the date of issuance of the postdated warrant or the execution of the written lease-purchase agreement or installment contract, as the case may be. (B) (i) A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract. (ii) However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider. (C) A long-term lease-purchase agreement allowed under subdivision (a)(1)(B) of this section: (i) Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and (ii) (a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district. (b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district. (iii) All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective. (D) (i) A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes. (ii) Rent received from a sublease: (a) Shall be deposited into the school district's general fund; and (b) May be used for any operational or capital purpose. (E) Postdated warrants, lease-purchase agreements, and installment contracts must be registered on forms provided or approved by the State Board of Education with the treasurer of the district and the state board. (2) (A) A lease-purchase agreement, postdated warrant, and installment contract must have attached thereto a schedule of the rent or installments to be paid, showing: (i) The payee and any assignee; (ii) The school district; (iii) The purpose of the purchase or payment; (iv) The due date of each installment; and (v) The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid. (B) A copy of each contract and of the schedule of payments shall be filed with the treasurer of the district and with the state board, and when so filed, each installment may be paid as it becomes due. (3) (A) Except as provided in subdivision (b)(3)(B) of this section, the unpaid principal amount of postdated warrants issued and installment contracts and lease-purchase agreements entered into shall be a part of the total debt of the district as limited by § 6-20-803 with the district fiscal officer and his or her surety liable for exceeding the limitations. (B) The unpaid principal amount of postdated warrants, lease-purchase agreements, or installment contracts entered into in connection with a guaranteed energy savings contract under § 6-20-405 shall not be a part of the total debt of the district. (4) A copy of any guaranteed energy savings contract that is executed in connection with the acquisition, installation, or construction of energy conservation measures under this section shall be filed with the Division of Elementary and Secondary Education. (5) Payments by a school district pursuant to postdated warrants, installment contracts, and lease-purchase agreements shall be charged against the budget of the school fiscal year in which they become due and shall be paid out of the revenue receipts for that fiscal year. (6) All warrants issued or installment contracts and lease-purchase agreements entered into in excess of the revenue of a school district for a school fiscal year are null and void except as provided in this section. (7) (A) It shall be the duty of the school fiscal officer to indicate on each school district warrant or on the schedule of payments attached to a written installment contract or lease-purchase agreement the school year's revenues against which the obligation was incurred and is to be paid. (B) It shall be unlawful for the school fiscal officer to issue a school district warrant or to enter into an installment contract or lease-purchase agreement the installments for which are to be charged against the revenues of a school year if the obligation thereof was incurred in a different school year except as otherwise authorized in this section. (8) The school fiscal officer may comply with the provisions of this section by indicating on each warrant or schedule of payments attached to any installment contract or lease-purchase agreement the school year's revenues against which each payment is to be charged, or he or she may use a warrant of a distinct color for a particular year and shall advise the county treasurer, if the county treasurer serves as the school district treasurer, in writing of the color of warrant being used for credit against the revenues of a particular year. (9) The county treasurer, or the district treasurer if the school district has its own treasurer, and his or her surety shall be jointly liable with the school fiscal officer and his or her surety for the payment of any school warrant or payment on a contract or agreement that is charged against the revenues of a school year if the amount thereof is in excess of the revenue receipts of the district for the school year against which the school fiscal officer has indicated the payment is to be charged or if he or she approved the payment with knowledge that the payment is being charged by the school fiscal officer against the revenues of another school year in violation of this section. (10) It is the purpose and intent of this section to place primary responsibility on the school fiscal officer and his or her surety for compliance with the provisions of this section and to make the county treasurer, or district treasurer if the school district has its own treasurer, and his or her surety liable for any payment on a warrant, contract, or agreement drawn in violation of this section when the amount of the payment exceeds the revenue receipts of the district for the school year against which it is charged as indicated on the warrant, contract, or agreement or when the county treasurer approves a payment with the knowledge that it is in payment of an obligation of a different school year as prohibited in this section. (c) (1) A school district may refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts and pay the usual, customary, and reasonable costs of the refinancing by issuing one (1) postdated warrant, lease-purchase agreement, or installment contract if the refinancing: (A) (i) Results in a net savings to the school district. (ii) A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract; (B) Does not extend the term of the postdated warrant, lease-purchase agreement, or installment contract more than five (5) years beyond the term of the existing individual outstanding postdated warrants, lease-purchase agreements, or installment contracts, and if the original term together with any extension does not exceed ten (10) years; (C) Does not increase the outstanding debt owed by the school district under the existing outstanding postdated warrants, lease-purchase agreements, or installment contracts except to the extent necessary to cover usual, customary, and reasonable costs of issuance of the new refunding postdated warrant, lease-purchase agreement, or installment contract and except to the extent necessary for new financing as authorized by subsection (a) of this section; (D) (i) Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced. (ii) Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if: (a) The school district realizes a savings from the refinancing; (b) The term of the debt obligation is not extended; and (c) The refinancing does not increase the total debt obligation of the school district; and (E) The school district obtains the prior written approval of the division to refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts. (2) The state board may promulgate rules as necessary to implement subdivision (c)(1) of this section. (d) (1) A school district may incur current indebtedness and issue its notes or other evidence thereof as provided in this subsection. (2) All current indebtedness incurred in a fiscal year shall mature on or before December 31 of the calendar year in which the fiscal year ends. (3) Current indebtedness is not included in the term "bonded indebtedness" and shall not be considered a part of the total debt of a district as limited by § 6-20-803 . (4) Current indebtedness shall be payable from and may be secured by a pledge of all or any part of the revenue receipts of the issuing district for the fiscal year in which the debt is incurred. (5) The amount of obligations incurred by a school district for any school fiscal year, including current indebtedness, shall not be in excess of the revenue receipts of the district for that year except as expressly authorized in subsection (a) of this section. (6) Upon incurring current indebtedness, the school district shall notify the division of the indebtedness, on forms provided by the division, showing the: (A) Payee and any assignee; (B) School district; (C) Purpose of the indebtedness; (D) Maturity date of the indebtedness; (E) Amount borrowed and interest rate of indebtedness; and (F) Amortization schedule showing installments, if applicable. (e) (1) (A) (i) Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district. (ii) Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe. (B) A school district may not authorize the state board to cure and the state board shall not cure any delinquencies of the district in contracts or extended warranties on equipment by withholding state foundation funding due the district. (2) (A) If a school district has authorized withholding of its state foundation funding under subdivision (e)(1)(A) of this section and the school district has failed to pay the payee or paying agent amounts due under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section, the payee or paying agent shall be entitled to payment from the school district's withheld state foundation funding if the payee or paying agent: (i) Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and (ii) Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district. (B) (i) Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount. (ii) If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full. (3) In the event that the amount next due to be distributed to the delinquent district is not sufficient to cure the delinquency, the commissioner shall continue to withhold state aid as due and remit it to the payee or paying agent until the payment deficiency has been cured. (4) If the commissioner is notified that a district is delinquent on two (2) or more obligations for which a district has authorized withholding of state aid to cure a delinquency, the commissioner shall make payment to payees or paying agents in the order of receipt of notices of the delinquencies. (f) If the state board withholds state aid from a school district under subsection (e) of this section, the school district shall be identified by the division to be a school district in fiscal distress under § 6-20-1906 . (g) Any duties required of any officer of the state pursuant to subsection (e) of this section shall be only ministerial in nature and shall in no way transfer any liability of the debtor to the state or any agency or any officer thereof. (h) The rate of interest on postdated warrants, installment contracts, lease-purchase agreements, and current indebtedness shall not exceed the maximum interest rate for school bonds as determined under § 6-20-1206 . Amended by Act 2019, No. 315,§ 273, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1597, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1596, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1595, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1594, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1593, eff. 7/1/2019. Amended by Act 2017, No. 741,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 846,§ 10, eff. 7/22/2015. Amended by Act 2013, No. 1073,§ 32, eff. 8/16/2013. Acts 1939, No. 194, § 3; 1949, No. 150, § 2; 1969, No. 76, § 1; 1977, No. 494, § 1; 1981, No. 550, § 1; 1983, No. 438, § 1; 1985, No. 223, § 1; A.S.A. 1947, § 80-1003; Acts 1989, No. 105, §§ 2, 3; 1991, No. 401, § 15; 1993, No. 314, § 2; 1995, No. 233, § 11; 1997, No. 962, §§ 2, 3; 1997, No. 1265, § 1; 1997, No. 1329, § 2; 2001, No. 1220, §§ 8-10; 2003, No. 840, § 1; 2003, No. 1754, §§ 1, 2; 2003 (2nd Ex. Sess.), No. 58, §§ 1, 2; 2005, No. 1866, § 1; 2005, No. 2005, § 1; 2005, No. 2121, §§ 12, 23; 2005, No. 2156, § 2; 2005, No. 2177, § 1; 2006 (1st Ex. Sess.), No. 22, §§ 1-3; 2006 (1st Ex. Sess.), No. 23, §§ 1-3; 2007, No. 827, §§ 114, 115; 2009, No. 1469, § 9.

(a) (1) (A) The amount of obligations incurred by a school district for any school fiscal year shall not be in excess of the revenue receipts of the district for that year except as provided in this section and in § 6-20-801 et seq. (B) A school district or public charter school may enter into public-private partnerships whereby the school district or public charter school enters into a lease-purchase agreement for the acquisition or construction of a school building or related facilities built or acquired by the private entities with facilities bonds exempt from federal taxes under 26 U.S.C. § 142(a)(13) , as it existed on January 1, 2003, or otherwise exempt under 26 U.S.C. § 103 , as it existed on January 1, 2005. (2) A school district may issue postdated warrants or enter into installment contracts or short-term lease-purchase agreements for the following purposes: (A) Purchase of school buses; (B) Payment of premiums of insurance policies on school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer; (C) (i) Purchase of equipment. (ii) However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment; (D) Installation or purchase, or both, of energy conservation measures in school facilities; (E) Construction, repair, and renovation of school facilities; (F) Purchase of school sites; (G) Payment on loans secured for settlement resulting from litigation against a school district; (H) Payment of the district's pro rata part of employing professional appraisers as authorized by laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes; and (I) The professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed]. (3) School districts may issue postdated warrants or enter into installment contracts or lease-purchase agreements in an amount sufficient to accomplish the purposes listed in subdivision (a)(2) of this section and to pay the costs of issuing the postdated warrants or entering into the installment contracts or lease-purchase agreements.

(1) (A) The amount of obligations incurred by a school district for any school fiscal year shall not be in excess of the revenue receipts of the district for that year except as provided in this section and in § 6-20-801 et seq. (B) A school district or public charter school may enter into public-private partnerships whereby the school district or public charter school enters into a lease-purchase agreement for the acquisition or construction of a school building or related facilities built or acquired by the private entities with facilities bonds exempt from federal taxes under 26 U.S.C. § 142(a)(13) , as it existed on January 1, 2003, or otherwise exempt under 26 U.S.C. § 103 , as it existed on January 1, 2005.

(A) The amount of obligations incurred by a school district for any school fiscal year shall not be in excess of the revenue receipts of the district for that year except as provided in this section and in § 6-20-801 et seq.

(B) A school district or public charter school may enter into public-private partnerships whereby the school district or public charter school enters into a lease-purchase agreement for the acquisition or construction of a school building or related facilities built or acquired by the private entities with facilities bonds exempt from federal taxes under 26 U.S.C. § 142(a)(13) , as it existed on January 1, 2003, or otherwise exempt under 26 U.S.C. § 103 , as it existed on January 1, 2005.

(2) A school district may issue postdated warrants or enter into installment contracts or short-term lease-purchase agreements for the following purposes: (A) Purchase of school buses; (B) Payment of premiums of insurance policies on school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer; (C) (i) Purchase of equipment. (ii) However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment; (D) Installation or purchase, or both, of energy conservation measures in school facilities; (E) Construction, repair, and renovation of school facilities; (F) Purchase of school sites; (G) Payment on loans secured for settlement resulting from litigation against a school district; (H) Payment of the district's pro rata part of employing professional appraisers as authorized by laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes; and (I) The professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed].

(A) Purchase of school buses;

(B) Payment of premiums of insurance policies on school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer;

(C) (i) Purchase of equipment. (ii) However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment;

(i) Purchase of equipment.

(ii) However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment;

(D) Installation or purchase, or both, of energy conservation measures in school facilities;

(E) Construction, repair, and renovation of school facilities;

(F) Purchase of school sites;

(G) Payment on loans secured for settlement resulting from litigation against a school district;

(H) Payment of the district's pro rata part of employing professional appraisers as authorized by laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes; and

(I) The professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed].

(3) School districts may issue postdated warrants or enter into installment contracts or lease-purchase agreements in an amount sufficient to accomplish the purposes listed in subdivision (a)(2) of this section and to pay the costs of issuing the postdated warrants or entering into the installment contracts or lease-purchase agreements.

(b) (1) (A) Except as provided in subdivisions (b)(1)(B) and (C) of this section, a postdated warrant, a short-term lease-purchase agreement, or an installment contract must be paid within ten (10) years of the date of issuance of the postdated warrant or the execution of the written lease-purchase agreement or installment contract, as the case may be. (B) (i) A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract. (ii) However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider. (C) A long-term lease-purchase agreement allowed under subdivision (a)(1)(B) of this section: (i) Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and (ii) (a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district. (b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district. (iii) All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective. (D) (i) A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes. (ii) Rent received from a sublease: (a) Shall be deposited into the school district's general fund; and (b) May be used for any operational or capital purpose. (E) Postdated warrants, lease-purchase agreements, and installment contracts must be registered on forms provided or approved by the State Board of Education with the treasurer of the district and the state board. (2) (A) A lease-purchase agreement, postdated warrant, and installment contract must have attached thereto a schedule of the rent or installments to be paid, showing: (i) The payee and any assignee; (ii) The school district; (iii) The purpose of the purchase or payment; (iv) The due date of each installment; and (v) The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid. (B) A copy of each contract and of the schedule of payments shall be filed with the treasurer of the district and with the state board, and when so filed, each installment may be paid as it becomes due. (3) (A) Except as provided in subdivision (b)(3)(B) of this section, the unpaid principal amount of postdated warrants issued and installment contracts and lease-purchase agreements entered into shall be a part of the total debt of the district as limited by § 6-20-803 with the district fiscal officer and his or her surety liable for exceeding the limitations. (B) The unpaid principal amount of postdated warrants, lease-purchase agreements, or installment contracts entered into in connection with a guaranteed energy savings contract under § 6-20-405 shall not be a part of the total debt of the district. (4) A copy of any guaranteed energy savings contract that is executed in connection with the acquisition, installation, or construction of energy conservation measures under this section shall be filed with the Division of Elementary and Secondary Education. (5) Payments by a school district pursuant to postdated warrants, installment contracts, and lease-purchase agreements shall be charged against the budget of the school fiscal year in which they become due and shall be paid out of the revenue receipts for that fiscal year. (6) All warrants issued or installment contracts and lease-purchase agreements entered into in excess of the revenue of a school district for a school fiscal year are null and void except as provided in this section. (7) (A) It shall be the duty of the school fiscal officer to indicate on each school district warrant or on the schedule of payments attached to a written installment contract or lease-purchase agreement the school year's revenues against which the obligation was incurred and is to be paid. (B) It shall be unlawful for the school fiscal officer to issue a school district warrant or to enter into an installment contract or lease-purchase agreement the installments for which are to be charged against the revenues of a school year if the obligation thereof was incurred in a different school year except as otherwise authorized in this section. (8) The school fiscal officer may comply with the provisions of this section by indicating on each warrant or schedule of payments attached to any installment contract or lease-purchase agreement the school year's revenues against which each payment is to be charged, or he or she may use a warrant of a distinct color for a particular year and shall advise the county treasurer, if the county treasurer serves as the school district treasurer, in writing of the color of warrant being used for credit against the revenues of a particular year. (9) The county treasurer, or the district treasurer if the school district has its own treasurer, and his or her surety shall be jointly liable with the school fiscal officer and his or her surety for the payment of any school warrant or payment on a contract or agreement that is charged against the revenues of a school year if the amount thereof is in excess of the revenue receipts of the district for the school year against which the school fiscal officer has indicated the payment is to be charged or if he or she approved the payment with knowledge that the payment is being charged by the school fiscal officer against the revenues of another school year in violation of this section. (10) It is the purpose and intent of this section to place primary responsibility on the school fiscal officer and his or her surety for compliance with the provisions of this section and to make the county treasurer, or district treasurer if the school district has its own treasurer, and his or her surety liable for any payment on a warrant, contract, or agreement drawn in violation of this section when the amount of the payment exceeds the revenue receipts of the district for the school year against which it is charged as indicated on the warrant, contract, or agreement or when the county treasurer approves a payment with the knowledge that it is in payment of an obligation of a different school year as prohibited in this section.

(1) (A) Except as provided in subdivisions (b)(1)(B) and (C) of this section, a postdated warrant, a short-term lease-purchase agreement, or an installment contract must be paid within ten (10) years of the date of issuance of the postdated warrant or the execution of the written lease-purchase agreement or installment contract, as the case may be. (B) (i) A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract. (ii) However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider. (C) A long-term lease-purchase agreement allowed under subdivision (a)(1)(B) of this section: (i) Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and (ii) (a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district. (b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district. (iii) All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective. (D) (i) A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes. (ii) Rent received from a sublease: (a) Shall be deposited into the school district's general fund; and (b) May be used for any operational or capital purpose. (E) Postdated warrants, lease-purchase agreements, and installment contracts must be registered on forms provided or approved by the State Board of Education with the treasurer of the district and the state board.

(A) Except as provided in subdivisions (b)(1)(B) and (C) of this section, a postdated warrant, a short-term lease-purchase agreement, or an installment contract must be paid within ten (10) years of the date of issuance of the postdated warrant or the execution of the written lease-purchase agreement or installment contract, as the case may be.

(B) (i) A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract. (ii) However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider.

(i) A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract.

(ii) However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider.

(C) A long-term lease-purchase agreement allowed under subdivision (a)(1)(B) of this section: (i) Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and (ii) (a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district. (b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district. (iii) All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective.

(i) Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and

(ii) (a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district. (b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district.

(a) May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district.

(b) (1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district. (2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district.

(1) Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district.

(2) Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district.

(iii) All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective.

(D) (i) A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes. (ii) Rent received from a sublease: (a) Shall be deposited into the school district's general fund; and (b) May be used for any operational or capital purpose.

(i) A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes.

(ii) Rent received from a sublease: (a) Shall be deposited into the school district's general fund; and (b) May be used for any operational or capital purpose.

(a) Shall be deposited into the school district's general fund; and

(b) May be used for any operational or capital purpose.

(E) Postdated warrants, lease-purchase agreements, and installment contracts must be registered on forms provided or approved by the State Board of Education with the treasurer of the district and the state board.

(2) (A) A lease-purchase agreement, postdated warrant, and installment contract must have attached thereto a schedule of the rent or installments to be paid, showing: (i) The payee and any assignee; (ii) The school district; (iii) The purpose of the purchase or payment; (iv) The due date of each installment; and (v) The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid. (B) A copy of each contract and of the schedule of payments shall be filed with the treasurer of the district and with the state board, and when so filed, each installment may be paid as it becomes due.

(A) A lease-purchase agreement, postdated warrant, and installment contract must have attached thereto a schedule of the rent or installments to be paid, showing: (i) The payee and any assignee; (ii) The school district; (iii) The purpose of the purchase or payment; (iv) The due date of each installment; and (v) The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid.

(i) The payee and any assignee;

(ii) The school district;

(iii) The purpose of the purchase or payment;

(iv) The due date of each installment; and

(v) The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid.

(B) A copy of each contract and of the schedule of payments shall be filed with the treasurer of the district and with the state board, and when so filed, each installment may be paid as it becomes due.

(3) (A) Except as provided in subdivision (b)(3)(B) of this section, the unpaid principal amount of postdated warrants issued and installment contracts and lease-purchase agreements entered into shall be a part of the total debt of the district as limited by § 6-20-803 with the district fiscal officer and his or her surety liable for exceeding the limitations. (B) The unpaid principal amount of postdated warrants, lease-purchase agreements, or installment contracts entered into in connection with a guaranteed energy savings contract under § 6-20-405 shall not be a part of the total debt of the district.

(A) Except as provided in subdivision (b)(3)(B) of this section, the unpaid principal amount of postdated warrants issued and installment contracts and lease-purchase agreements entered into shall be a part of the total debt of the district as limited by § 6-20-803 with the district fiscal officer and his or her surety liable for exceeding the limitations.

(B) The unpaid principal amount of postdated warrants, lease-purchase agreements, or installment contracts entered into in connection with a guaranteed energy savings contract under § 6-20-405 shall not be a part of the total debt of the district.

(4) A copy of any guaranteed energy savings contract that is executed in connection with the acquisition, installation, or construction of energy conservation measures under this section shall be filed with the Division of Elementary and Secondary Education.

(5) Payments by a school district pursuant to postdated warrants, installment contracts, and lease-purchase agreements shall be charged against the budget of the school fiscal year in which they become due and shall be paid out of the revenue receipts for that fiscal year.

(6) All warrants issued or installment contracts and lease-purchase agreements entered into in excess of the revenue of a school district for a school fiscal year are null and void except as provided in this section.

(7) (A) It shall be the duty of the school fiscal officer to indicate on each school district warrant or on the schedule of payments attached to a written installment contract or lease-purchase agreement the school year's revenues against which the obligation was incurred and is to be paid. (B) It shall be unlawful for the school fiscal officer to issue a school district warrant or to enter into an installment contract or lease-purchase agreement the installments for which are to be charged against the revenues of a school year if the obligation thereof was incurred in a different school year except as otherwise authorized in this section.

(A) It shall be the duty of the school fiscal officer to indicate on each school district warrant or on the schedule of payments attached to a written installment contract or lease-purchase agreement the school year's revenues against which the obligation was incurred and is to be paid.

(B) It shall be unlawful for the school fiscal officer to issue a school district warrant or to enter into an installment contract or lease-purchase agreement the installments for which are to be charged against the revenues of a school year if the obligation thereof was incurred in a different school year except as otherwise authorized in this section.

(8) The school fiscal officer may comply with the provisions of this section by indicating on each warrant or schedule of payments attached to any installment contract or lease-purchase agreement the school year's revenues against which each payment is to be charged, or he or she may use a warrant of a distinct color for a particular year and shall advise the county treasurer, if the county treasurer serves as the school district treasurer, in writing of the color of warrant being used for credit against the revenues of a particular year.

(9) The county treasurer, or the district treasurer if the school district has its own treasurer, and his or her surety shall be jointly liable with the school fiscal officer and his or her surety for the payment of any school warrant or payment on a contract or agreement that is charged against the revenues of a school year if the amount thereof is in excess of the revenue receipts of the district for the school year against which the school fiscal officer has indicated the payment is to be charged or if he or she approved the payment with knowledge that the payment is being charged by the school fiscal officer against the revenues of another school year in violation of this section.

(10) It is the purpose and intent of this section to place primary responsibility on the school fiscal officer and his or her surety for compliance with the provisions of this section and to make the county treasurer, or district treasurer if the school district has its own treasurer, and his or her surety liable for any payment on a warrant, contract, or agreement drawn in violation of this section when the amount of the payment exceeds the revenue receipts of the district for the school year against which it is charged as indicated on the warrant, contract, or agreement or when the county treasurer approves a payment with the knowledge that it is in payment of an obligation of a different school year as prohibited in this section.

(c) (1) A school district may refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts and pay the usual, customary, and reasonable costs of the refinancing by issuing one (1) postdated warrant, lease-purchase agreement, or installment contract if the refinancing: (A) (i) Results in a net savings to the school district. (ii) A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract; (B) Does not extend the term of the postdated warrant, lease-purchase agreement, or installment contract more than five (5) years beyond the term of the existing individual outstanding postdated warrants, lease-purchase agreements, or installment contracts, and if the original term together with any extension does not exceed ten (10) years; (C) Does not increase the outstanding debt owed by the school district under the existing outstanding postdated warrants, lease-purchase agreements, or installment contracts except to the extent necessary to cover usual, customary, and reasonable costs of issuance of the new refunding postdated warrant, lease-purchase agreement, or installment contract and except to the extent necessary for new financing as authorized by subsection (a) of this section; (D) (i) Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced. (ii) Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if: (a) The school district realizes a savings from the refinancing; (b) The term of the debt obligation is not extended; and (c) The refinancing does not increase the total debt obligation of the school district; and (E) The school district obtains the prior written approval of the division to refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts. (2) The state board may promulgate rules as necessary to implement subdivision (c)(1) of this section.

(1) A school district may refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts and pay the usual, customary, and reasonable costs of the refinancing by issuing one (1) postdated warrant, lease-purchase agreement, or installment contract if the refinancing: (A) (i) Results in a net savings to the school district. (ii) A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract; (B) Does not extend the term of the postdated warrant, lease-purchase agreement, or installment contract more than five (5) years beyond the term of the existing individual outstanding postdated warrants, lease-purchase agreements, or installment contracts, and if the original term together with any extension does not exceed ten (10) years; (C) Does not increase the outstanding debt owed by the school district under the existing outstanding postdated warrants, lease-purchase agreements, or installment contracts except to the extent necessary to cover usual, customary, and reasonable costs of issuance of the new refunding postdated warrant, lease-purchase agreement, or installment contract and except to the extent necessary for new financing as authorized by subsection (a) of this section; (D) (i) Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced. (ii) Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if: (a) The school district realizes a savings from the refinancing; (b) The term of the debt obligation is not extended; and (c) The refinancing does not increase the total debt obligation of the school district; and (E) The school district obtains the prior written approval of the division to refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts.

(A) (i) Results in a net savings to the school district. (ii) A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract;

(i) Results in a net savings to the school district.

(ii) A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract;

(B) Does not extend the term of the postdated warrant, lease-purchase agreement, or installment contract more than five (5) years beyond the term of the existing individual outstanding postdated warrants, lease-purchase agreements, or installment contracts, and if the original term together with any extension does not exceed ten (10) years;

(C) Does not increase the outstanding debt owed by the school district under the existing outstanding postdated warrants, lease-purchase agreements, or installment contracts except to the extent necessary to cover usual, customary, and reasonable costs of issuance of the new refunding postdated warrant, lease-purchase agreement, or installment contract and except to the extent necessary for new financing as authorized by subsection (a) of this section;

(D) (i) Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced. (ii) Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if: (a) The school district realizes a savings from the refinancing; (b) The term of the debt obligation is not extended; and (c) The refinancing does not increase the total debt obligation of the school district; and

(i) Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced.

(ii) Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if: (a) The school district realizes a savings from the refinancing; (b) The term of the debt obligation is not extended; and (c) The refinancing does not increase the total debt obligation of the school district; and

(a) The school district realizes a savings from the refinancing;

(b) The term of the debt obligation is not extended; and

(c) The refinancing does not increase the total debt obligation of the school district; and

(E) The school district obtains the prior written approval of the division to refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts.

(2) The state board may promulgate rules as necessary to implement subdivision (c)(1) of this section.

(d) (1) A school district may incur current indebtedness and issue its notes or other evidence thereof as provided in this subsection. (2) All current indebtedness incurred in a fiscal year shall mature on or before December 31 of the calendar year in which the fiscal year ends. (3) Current indebtedness is not included in the term "bonded indebtedness" and shall not be considered a part of the total debt of a district as limited by § 6-20-803 . (4) Current indebtedness shall be payable from and may be secured by a pledge of all or any part of the revenue receipts of the issuing district for the fiscal year in which the debt is incurred. (5) The amount of obligations incurred by a school district for any school fiscal year, including current indebtedness, shall not be in excess of the revenue receipts of the district for that year except as expressly authorized in subsection (a) of this section. (6) Upon incurring current indebtedness, the school district shall notify the division of the indebtedness, on forms provided by the division, showing the: (A) Payee and any assignee; (B) School district; (C) Purpose of the indebtedness; (D) Maturity date of the indebtedness; (E) Amount borrowed and interest rate of indebtedness; and (F) Amortization schedule showing installments, if applicable.

(1) A school district may incur current indebtedness and issue its notes or other evidence thereof as provided in this subsection.

(2) All current indebtedness incurred in a fiscal year shall mature on or before December 31 of the calendar year in which the fiscal year ends.

(3) Current indebtedness is not included in the term "bonded indebtedness" and shall not be considered a part of the total debt of a district as limited by § 6-20-803 .

(4) Current indebtedness shall be payable from and may be secured by a pledge of all or any part of the revenue receipts of the issuing district for the fiscal year in which the debt is incurred.

(5) The amount of obligations incurred by a school district for any school fiscal year, including current indebtedness, shall not be in excess of the revenue receipts of the district for that year except as expressly authorized in subsection (a) of this section.

(6) Upon incurring current indebtedness, the school district shall notify the division of the indebtedness, on forms provided by the division, showing the: (A) Payee and any assignee; (B) School district; (C) Purpose of the indebtedness; (D) Maturity date of the indebtedness; (E) Amount borrowed and interest rate of indebtedness; and (F) Amortization schedule showing installments, if applicable.

(A) Payee and any assignee;

(B) School district;

(C) Purpose of the indebtedness;

(D) Maturity date of the indebtedness;

(E) Amount borrowed and interest rate of indebtedness; and

(F) Amortization schedule showing installments, if applicable.

(e) (1) (A) (i) Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district. (ii) Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe. (B) A school district may not authorize the state board to cure and the state board shall not cure any delinquencies of the district in contracts or extended warranties on equipment by withholding state foundation funding due the district. (2) (A) If a school district has authorized withholding of its state foundation funding under subdivision (e)(1)(A) of this section and the school district has failed to pay the payee or paying agent amounts due under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section, the payee or paying agent shall be entitled to payment from the school district's withheld state foundation funding if the payee or paying agent: (i) Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and (ii) Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district. (B) (i) Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount. (ii) If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full. (3) In the event that the amount next due to be distributed to the delinquent district is not sufficient to cure the delinquency, the commissioner shall continue to withhold state aid as due and remit it to the payee or paying agent until the payment deficiency has been cured. (4) If the commissioner is notified that a district is delinquent on two (2) or more obligations for which a district has authorized withholding of state aid to cure a delinquency, the commissioner shall make payment to payees or paying agents in the order of receipt of notices of the delinquencies.

(1) (A) (i) Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district. (ii) Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe. (B) A school district may not authorize the state board to cure and the state board shall not cure any delinquencies of the district in contracts or extended warranties on equipment by withholding state foundation funding due the district.

(A) (i) Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district. (ii) Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe.

(i) Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district.

(ii) Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe.

(B) A school district may not authorize the state board to cure and the state board shall not cure any delinquencies of the district in contracts or extended warranties on equipment by withholding state foundation funding due the district.

(2) (A) If a school district has authorized withholding of its state foundation funding under subdivision (e)(1)(A) of this section and the school district has failed to pay the payee or paying agent amounts due under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section, the payee or paying agent shall be entitled to payment from the school district's withheld state foundation funding if the payee or paying agent: (i) Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and (ii) Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district. (B) (i) Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount. (ii) If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full.

(A) If a school district has authorized withholding of its state foundation funding under subdivision (e)(1)(A) of this section and the school district has failed to pay the payee or paying agent amounts due under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section, the payee or paying agent shall be entitled to payment from the school district's withheld state foundation funding if the payee or paying agent: (i) Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and (ii) Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district.

(i) Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and

(ii) Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district.

(B) (i) Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount. (ii) If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full.

(i) Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount.

(ii) If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full.

(3) In the event that the amount next due to be distributed to the delinquent district is not sufficient to cure the delinquency, the commissioner shall continue to withhold state aid as due and remit it to the payee or paying agent until the payment deficiency has been cured.

(4) If the commissioner is notified that a district is delinquent on two (2) or more obligations for which a district has authorized withholding of state aid to cure a delinquency, the commissioner shall make payment to payees or paying agents in the order of receipt of notices of the delinquencies.

(f) If the state board withholds state aid from a school district under subsection (e) of this section, the school district shall be identified by the division to be a school district in fiscal distress under § 6-20-1906 .

(g) Any duties required of any officer of the state pursuant to subsection (e) of this section shall be only ministerial in nature and shall in no way transfer any liability of the debtor to the state or any agency or any officer thereof.

(h) The rate of interest on postdated warrants, installment contracts, lease-purchase agreements, and current indebtedness shall not exceed the maximum interest rate for school bonds as determined under § 6-20-1206 .

Amended by Act 2019, No. 315,§ 273, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1597, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1596, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1595, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1594, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1593, eff. 7/1/2019.

Amended by Act 2017, No. 741,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 846,§ 10, eff. 7/22/2015.

Amended by Act 2013, No. 1073,§ 32, eff. 8/16/2013.

Acts 1939, No. 194, § 3; 1949, No. 150, § 2; 1969, No. 76, § 1; 1977, No. 494, § 1; 1981, No. 550, § 1; 1983, No. 438, § 1; 1985, No. 223, § 1; A.S.A. 1947, § 80-1003; Acts 1989, No. 105, §§ 2, 3; 1991, No. 401, § 15; 1993, No. 314, § 2; 1995, No. 233, § 11; 1997, No. 962, §§ 2, 3; 1997, No. 1265, § 1; 1997, No. 1329, § 2; 2001, No. 1220, §§ 8-10; 2003, No. 840, § 1; 2003, No. 1754, §§ 1, 2; 2003 (2nd Ex. Sess.), No. 58, §§ 1, 2; 2005, No. 1866, § 1; 2005, No. 2005, § 1; 2005, No. 2121, §§ 12, 23; 2005, No. 2156, § 2; 2005, No. 2177, § 1; 2006 (1st Ex. Sess.), No. 22, §§ 1-3; 2006 (1st Ex. Sess.), No. 23, §§ 1-3; 2007, No. 827, §§ 114, 115; 2009, No. 1469, § 9.