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 13 - SCHOOL DISTRICTS (§§ 6-13-101 — 6-13-1707) › Subchapter 6 - SCHOOL DISTRICT BOARDS OF DIRECTORS GENERALLY (§§ 6-13-601 — 6-13-636) › Section 6-13-636 - Authority to make school personnel hiring and placement decisions

(a)
(1)
Each local public school district board of directors shall adopt policies for and establish procedures that require a public school district superintendent to consult with teachers employed by the public school district before making any decisions regarding the hiring or placement of a principal at the public school in which the teachers are employed.
(2)
Recommendations made by teachers under subdivision (a)(1) of his section shall not be binding on the superintendent, but shall be considered by the superintendent when making employment decisions within the public school district.
(b)
(1)
Each public school district superintendent and public school principal shall make all employment-related decisions based upon the following, as applicable to the specific position for which the public school district superintendent and public school principal are hiring:
(A)
Performance;
(B)
(i)
Effectiveness.
(ii)
Effectiveness shall be used as the primary criterion for making personnel decisions; and
(C)
Qualifications.
(2)
However, seniority and tenure shall not be used as the primary criterion when making decisions regarding the hiring, assignment, or dismissal of public school teachers and other public school employees.
(c)
(1)
Each public school district shall ensure that its reduction in force plan, as defined under §
6-17-2407
, is aligned with all state laws, including without limitation subsection (b) of this section.
(2)
To ensure compliance as required under subdivision (c)(1) of this section, each public school district shall submit to the Division of Elementary and Secondary Education its reduction in force plan each time it is updated, including without limitation updates regarding:
(A)
Staff positions that are to be eliminated;
(B)
Staff performance and effectiveness metrics applicable to each specific position; and
(C)
Any other general or specific change made to the reduction in force plan.
(d)
A public school district employee employment contract shall:
(1)
State the:
(A)
Duration of employment;
(B)
Specific duties of the employee;
(C)
Annual salary or hourly wage of the employee;
(D)
Projected annual earnings in the case of nonexempt employees under applicable state and federal law; and
(E)
Employee's right to:
(i)
Notice of a recommendation for termination from the public school district superintendent; and
(ii)
An opportunity for a hearing before the public school district board of directors concerning the employee's recommendation for termination; and
(2)
(A)
Incorporate all personnel policies adopted by June 30 to be in effect on July 1 of the following employee contract year, subject to the requirements and exceptions contained in §§
6-17-204
and
6-17-205
.
(B)
Copies of initial written employment contracts and renewed written employment contracts shall be distributed as follows:
(i)
One (1) copy to be given to the employee;
(ii)
One (1) copy to be retained by the school district superintendent or his or her designee; and
(iii)
One (1) copy to be retained by the school district's treasurer or bookkeeper.
Added by Act 2023, No. 237,§ 6, eff. 3/8/2023.