Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 24 - ETHICAL GUIDELINES AND PROHIBITIONS (§§ 6-24-101 — 6-24-120) › Section 6-24-106 - Administrators

(a)
General Prohibition.
(1)
Except as otherwise provided, it is a breach of the ethical standards of this chapter for an administrator to contract with the public educational entity employing him or her if the administrator has knowledge that he or she is directly or indirectly interested in the contract.
(2)
Except as otherwise provided, it is a breach of the ethical standards of this chapter for an administrator to contract with any public educational entity if the administrator has knowledge that he or she is directly interested in the contract.
(b)
Family Members as Employees.
(1)
This chapter does not prohibit an administrator's family members from being employed by the public educational entity the administrator serves or any other public educational entity.
(2)
(A)
However, a member of an administrator's family or former spouse may not be initially employed as a disbursing officer of the public educational entity where the administrator is employed unless the public educational entity receives written approval from the Commissioner of Elementary and Secondary Education.
(B)
Before issuing a written approval or denial, the commissioner shall request Arkansas Legislative Audit to review the internal controls, including the segregation of duties, present at the public educational entity.
(C)
Arkansas Legislative Audit shall report its findings in writing to the commissioner.
(c)
Exceptions.
(1)
In unusual and limited circumstances and only with prior written approval from the commissioner, an administrator may contract with a public educational entity other than the public educational entity employing him or her.
(2)
In unusual and limited circumstances and only with prior written approval from the commissioner, an administrator's family members may contract with a public educational entity employing the administrator.
(3)
(A)
An administrator seeking to contract with other public educational entities, or an administrator's family member seeking to contract with the public educational entity employing the administrator, shall first present the request, with all relevant facts and circumstances justifying approval, to the board currently employing the administrator at an open meeting.
(B)
(i)
After reviewing the request in an open meeting, the board may, by written resolution, approve the contract subject to approval by the commissioner.
(ii)
A copy of the approval resolution and all relevant data shall be forwarded by the board president to the commissioner.
(iii)
The written resolution and other relevant data shall be sent by certified mail, return receipt requested, or other method approved by the State Board of Education to assure that adequate notice has been received by the Division of Elementary and Secondary Education and to provide a record for the school district board of directors sending the request for approval.
(4)
(A)
Upon review of the submitted data, the commissioner shall, within twenty (20) days of receipt of the resolution and other relevant data, approve or disapprove in writing the board's request.
(B)
(i)
The commissioner may request additional information or testimony before ruling on a request.
(ii)
If additional data is needed for a proper determination, the commissioner shall approve or disapprove the contract within twenty (20) days of receipt of the additional requested data.
(C)
If the commissioner does not respond to the public educational entity within the twenty-day period or request additional time or data for a proper review of the contract, the contract shall be deemed to be approved by the commissioner.
(5)
(A)
If approved, the approval letter shall state all relevant facts and circumstances considered in the approval and shall state any restrictions or limitations of the approval.
(B)
The commissioner may grant an approval for a particular transaction or a series of related transactions. No approval shall be granted for a period greater than two (2) complete and consecutive fiscal years.
(6)
The division and the public educational entity shall maintain, under their respective record retention policies, a record and copy of all documentation relating to an exemption from the provisions of this chapter.
(7)
A contract subject to this subsection is not valid until the commissioner:
(A)
Approves the contract; or
(B)
Fails to respond to the public educational entity within the time periods specified in this section.
(d)
Providing False or Incomplete Information.
Any administrator knowingly furnishing false information or knowingly not fully disclosing relevant information necessary for a proper determination by the public educational entity or the commissioner shall be guilty of violating the provisions of this chapter.
(e)
"Contract" Defined.
For the purposes of this section, "contract" does not apply to employment contracts issued to an administrator of a public educational entity for administrative or other duties such as, but not limited to, teaching, bus driving, or sponsorship of clubs or activities.
(f)
Compensation for Officiating Athletic Events.
Nothing in this section prohibits administrators from receiving compensation for officiating school-sponsored athletic activities with any public educational entity.
(g)
Compensation for Conducting Seminars.
Nothing in this section prohibits administrators from receiving compensation for conducting seminars for, or making presentations to, public educational entities other than the public educational entity employing them.
Amended by Act 2019, No. 910,§ 1758, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1757, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1756, eff. 7/1/2019.
Amended by Act 2015, No. 846,§ 33, eff. 7/22/2015.
Amended by Act 2013, No. 608,§ 3, eff. 8/16/2013.
Acts 2001, No. 1599, § 6; 2009, No. 376, § 47; 2011, No. 878, § 2.