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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1941
4
5 By: Representative Joey Carr
6 By: Senator J. English
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE TO
10 IMPROVE THE EFFICIENCY OF GOVERNMENT AND RESTRUCTURE
11 AND REPEAL THE DUTIES OF CERTAIN BOARDS AND
12 COMMISSIONS WITHIN THE DEPARTMENT OF EDUCATION; TO
13 PROTECT ARKANSAS STUDENTS BY ENSURING THE EFFICIENT
14 DISPOSITION OF ETHICS COMPLAINTS AGAINST TEACHERS; TO
15 IMPROVE THE EFFICIENCY OF GOVERNMENT; AND FOR OTHER
16 PURPOSES.
17
18
19 Subtitle
20 CONCERNING DEPARTMENT OF EDUCATION
21 BOARDS AND COMMISSIONS; AND TO PROTECT
22 ARKANSAS STUDENTS BY ENSURING THE
23 EFFICIENT DISPOSITION OF ETHICS
24 COMPLAINTS AGAINST TEACHERS.
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code � 6-17-422(d), concerning the membership of
29 the Professional Licensure Standards Board, is amended to read as follows:
30 (d)(1)(A) Each member of the Professional Licensure Standards Board
31 shall serve a term of three (3) years.
32 (B) The initial members shall draw lots for staggered
33 terms.
34 (2) The State Board of Education shall appoint any qualified
35 person to fill a position that is vacated before the expiration of a member's
36 term.
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1 (3) A member shall not serve on the Professional Licensure
2 Standards Board more than three (3) terms.
3
4 SECTION 2. Arkansas Code � 6-17-428(b) and (c), concerning ethical
5 violations considered by the Professional Licensure Standards Board, are
6 amended to read as follows:
7 (b)(1) The Professional Licensure Standards Board shall:
8 (A) Establish procedures for:
9 (i) Receiving and investigating an ethics complaint
10 submitted electronically or in writing;
11 (ii) Enforcing the code of ethics;
12 (iii) Granting and conducting hearings under this
13 section; and
14 (iv) Publicizing notifications equivalent to the
15 recommendations for enforcement of the code of ethics;
16 (B) Make recommendations for enforcement of:
17 (i) Findings of fact; and
18 (ii) Conclusions of law;
19 (C) Impose sanctions provided in this section to enforce
20 the code of ethics;
21 (C)(D) Develop public notifications equivalent to the
22 recommendations for enforcement of the code of ethics; and
23 (D)(E) Establish an ethics subcommittee of the
24 Professional Licensure Standards Board with equal representation of public
25 school teachers and administrators as well as one (1) member from any other
26 category of representation on the Professional Licensure Standards Board.
27 (2) All rules, procedures, hearings, and appeals relating to the
28 code of ethics complaints under this section shall be promulgated and
29 implemented under the Arkansas Administrative Procedure Act, � 25-15-201 et
30 seq.
31 (c)(1) The ethics subcommittee of the Professional Licensure Standards
32 Board shall:
33 (A)(i) Authorize the investigation of ethics complaints.
34 (ii)(a) A complaint form sent via facsimile or
35 with an electronic signature shall not be accepted.
36 (b) A complaint form shall have the original
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1 signature of the complainant;
2 (B) Enforce the code of ethics by:
3 (i) Making a recommendation to the State Board of
4 Education for settlement agreement with an educator determined to have
5 committed an ethical violation that includes one (1) or more of the following
6 sanctions or making a recommendation to the Professional Licensure Standards
7 Board that the ethics complaint be resolved by imposing one (1) or more of
8 the following sanctions:
9 (a) A written warning, a written reprimand, or
10 the written placement of conditions or restrictions on the activities of the
11 educator; or
12 (b) The revocation, suspension, probation,
13 nonrenewal, or denial of a license issued by the State Board of Education; or
14 (ii) Issuing a private letter of caution; and
15 (C) Dismiss an ethics complaint if it finds there is no
16 ethics violation.
17 (2) For a preservice teacher assigned to a public school as a
18 student intern in a supervised field experience or supervised clinical
19 experience, a sanction adopted by the State Board of Education may be imposed
20 on a license when it is issued to a preservice teacher.
21 (3) The ethics subcommittee may appoint or contract for one (1)
22 or more persons to conduct evidentiary hearings.
23 (4) The State Board of Education may make an informal
24 disposition of the ethical violation by stipulation, settlement, consent
25 order, or default.
26
27 SECTION 3. Arkansas Code � 6-17-428(i), concerning ethics complaints
28 hearings, is amended to read as follows:
29 (i)(1) Upon request for a hearing, the staff of the Professional
30 Licensure Standards Board shall provide the educator with notice of the time
31 and date of the hearing, which shall be conducted in accordance with the
32 rules of the Professional Licensure Standards Board.
33 (2) The educator and the Professional Licensure Standards Board
34 may be represented by representatives of their choosing.
35 (3) After the conclusion of a hearing, the Professional
36 Licensure Standards Board shall enter an order that includes findings of
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1 fact, conclusions of law, and a decision to impose one (1) or more of the
2 following actions:
3 (A) Issue a public letter of warning or reprimand;
4 (B) Place conditions or restrictions on the activities of
5 an educator;
6 (C) Revoke, suspend, or deny a license issued by the State
7 Board of Education;
8 (D) Place an educator's license on a probationary status
9 based on conditions and time limitations set out in the order;
10 (E) Issue a private letter of caution; or
11 (F) Dismiss an ethics compliant if the Professional
12 Licensure Standards Board finds there is no ethics violation.
13 (4)(A) An educator may accept the findings and sanctions of the
14 Professional Licensure Standards Board or appeal the matter to the State
15 Board of Education.
16 (B) An appeal under subdivision (i)(4)(A) of this section
17 shall be filed with the State Board of Education not less than thirty (30)
18 days from the date of receipt of the the Professional Licensure Standards
19 Board's written order.
20 (5) Unless an appeal is filed, an order issued by the
21 Professional Licensure Standards Board under subdivision (i)(3) of this
22 section shall be effective the earlier of:
23 (A) The date the educator accepts the findings or
24 sanctions in writing; or
25 (B) Sixty (60) days after the order was transmitted to the
26 educator.
27
28 SECTION 4. Arkansas Code � 6-17-428(q), concerning the submission of
29 an ethics complaint, is amended to read as follows:
30 (q) Subject to the disclosure limitations of subsections (m) and (o)
31 of this section, the division may include on the division's public website
32 for licensure the following information on each violation of the code of
33 ethics by an educator whose license the State Board of Education has is
34 suspended, revoked, denied, or not renewed based on the recommendations of
35 the ethics subcommittee under this section:
36 (1) The code of ethics standard that was violated;
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1 (2) The sanction approved by imposed by a settlement agreement,
2 an order of the Professional Licensure Standards Board, or a final order of
3 the State Board of Education; and
4 (3) A copy of the settlement agreement, order of the
5 Professional Licensure Standards Board, or final order of the State Board of
6 Education.
7
8 SECTION 5. Arkansas Code � 6-17-1113(f), concerning the School Worker
9 Defense Program, is amended to read as follows:
10 (f) Any person entitled to payment under the School Worker Defense
11 Program may appeal the decision of the division to the advisory board The
12 division may promulgate rules to implement this section.
13
14 SECTION 6. Arkansas Code � 6-17-1118 is repealed.
15 6-17-1118. School Worker Defense Program Advisory Board.
16 (a) The School Worker Defense Program Advisory Board is created. The
17 board shall be composed of seven (7) members as follows:
18 (1) The Executive Director of the Arkansas Association of
19 Educational Administrators or his or her designee;
20 (2) The Executive Director of the Arkansas Rural Ed Association
21 or his or her designee;
22 (3) The Executive Director of the Arkansas School Boards
23 Association or his or her designee;
24 (4) The Executive Director of the Arkansas Education Association
25 or his or her designee;
26 (5) The designee of the Attorney General;
27 (6) The Secretary of the Department of Finance and
28 Administration or his or her designee; and
29 (7)(A) The Commissioner of Elementary and Secondary Education or
30 his or her designee.
31 (B) Provided, however, no employee of the Division of
32 Elementary and Secondary Education who is charged with administering the
33 defense fund and protection program shall be eligible to serve as the
34 designee of the commissioner.
35 (b) Members of the board shall biannually elect a chair, a vice chair,
36 and a secretary from the membership of the board, whose duties shall be those
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1 customarily exercised by those officers or specifically designated by the
2 board.
3 (c)(1) The board shall meet within the State of Arkansas and may meet
4 as often as it deems necessary for the purpose of carrying out its duties
5 under the provisions of this section.
6 (2) A majority of the members of the board shall constitute a
7 quorum for the purpose of a meeting.
8 (d)(1) The board shall have final authority to hear and adjudicate any
9 appeal filed by a school worker for protection against liability pursuant to
10 � 6-17-1113.
11 (2) In an emergency situation, the chair of the board may
12 approve payment of a claim without a meeting of the board.
13 (e)(1) The Division of Elementary and Secondary Education may
14 promulgate rules as necessary for the proper administration of this section
15 to establish the board.
16 (2) The Division of Elementary and Secondary Education shall
17 provide support staff for the board.
18
19 SECTION 7. Arkansas Code � 6-20-2513 is amended to read as follows:
20 6-20-2513. Appeals.
21 (a)(1) A public school district may appeal:
22 (1) A a determination of the Division of Public School Academic
23 Facilities and Transportation under this subchapter to the Academic
24 Facilities Review Board in accordance with procedures developed by the board
25 under � 6-20-2516; and
26 (2)(A) A decision of the board to the Commission for Arkansas
27 Public School Academic Facilities and Transportation in accordance with
28 procedures developed by the commission.
29 (B)(2) The public school district shall provide to the board
30 division a copy of the request for appeal when it files the request with the
31 commission.
32 (b) All decisions of the commission resulting from a public school
33 district's appeal of a decision determination of the board division under
34 this subchapter shall be final and shall not be subject to further appeal or
35 request for rehearing to the commission or petition for judicial review under
36 the Arkansas Administrative Procedure Act, � 25-15-201 et seq.
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1
2 SECTION 8. Arkansas Code � 6-20-2516 is repealed.
3 6-20-2516. Academic Facilities Review Board.
4 (a) There is established the Academic Facilities Review Board to hear
5 the appeal filed by a public school district under � 6-20-2513(a) of a
6 determination of the Division of Public School Academic Facilities and
7 Transportation.
8 (b)(1) The board is composed of five (5) members appointed by the
9 Governor and subject to confirmation of the Senate as follows:
10 (A)(i) One (1) member who is a licensed building
11 contractor with five (5) years or more of experience in public school
12 construction.
13 (ii) The Governor shall consult the Arkansas chapter
14 of the Associated General Contractors of America before making an appointment
15 under subdivision (b)(1)(A)(i) of this section;
16 (B)(i) One (1) member who is a registered architect with
17 at least five (5) years of experience in public school design.
18 (ii) The Governor shall consult The Arkansas
19 Chapter, the American Institute of Architects before making an appointment
20 under subdivision (b)(1)(B)(i) of this section;
21 (C)(i) One (1) member who is a licensed or registered
22 engineer with at least five (5) years of experience in public school
23 construction.
24 (ii) The Governor shall consult the American Council
25 of Engineering Companies of Arkansas and The Arkansas Society of Professional
26 Engineers before making an appointment under subdivision (b)(1)(C)(i) of this
27 section; and
28 (D)(i) Two (2) members who are selected from the public at
29 large.
30 (ii) The Governor shall consult the Arkansas
31 Association of Educational Administrators and the Arkansas School Boards
32 Association before making an appointment under subdivision (b)(1)(D)(i) of
33 this section.
34 (2) A member of the board shall be a resident of this state at
35 the time of appointment and throughout the member's term.
36 (3) A member of the Commission for Arkansas Public School
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1 Academic Facilities and Transportation shall not serve as a member of the
2 commission while serving as a member of the board.
3 (c)(1)(A) Each member of the board shall serve a term of three (3)
4 years.
5 (B) The initial members shall draw lots for staggered
6 terms.
7 (2) The Governor shall appoint any qualified person to fill a
8 position that is vacated before the expiration of a member's term.
9 (d)(1) The Governor shall designate one (1) member to serve as chair
10 of the board at its organizational meeting.
11 (2) The chair or the chair's designee shall call an
12 organizational meeting within twenty (20) calendar days after the Governor
13 has appointed all members of the initial board.
14 (3) At the organizational meeting, the members of the board
15 shall elect a chair, who shall serve as chair for one (1) year.
16 (4) Annually after the organizational meeting, the board shall
17 elect a new chair.
18 (e)(1) The board shall meet upon the call of the chair when a hearing
19 is requested by a public school district, but a meeting shall not be held
20 outside of this state.
21 (2) All action of the board shall be by a majority vote of the
22 quorum present at a meeting.
23 (3) A majority of the members of the board shall constitute a
24 quorum for the purpose of transacting business.
25 (f) The Division of Elementary and Secondary Education shall provide
26 staff support for the board's activities.
27 (g)(1) Members of the board shall serve without pay.
28 (2) Members of the board may receive expense reimbursement in
29 accordance with � 25-16-902, to be paid by the Division of Elementary and
30 Secondary Education to the extent money is available for that purpose.
31 (h) The board shall establish policies and procedures for conducting
32 hearings and appeals.
33 (i)(1) Following the hearing at which all testimony and evidence are
34 presented, the board shall make a final determination accepting, rejecting,
35 or modifying the determination of the Division of Public School Academic
36 Facilities and Transportation.
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1 (2) Within ten (10) business days, the board shall provide to
2 the appellant public school district and to the Division of Public School
3 Academic Facilities and Transportation a notice of the board's final
4 determination.
5 (3)(A) If the board's final determination will result in a
6 greater level of state financial participation in a project than previously
7 authorized by the Division of Public School Academic Facilities and
8 Transportation, the board's final determination shall be reviewed by the
9 commission in accordance with procedures developed by the commission.
10 (B) A decision of the commission resulting from a review
11 of a decision of the board under this section is final and is not subject to:
12 (i) Further appeal to the commission;
13 (ii) Request for rehearing by the commission; or
14 (iii) Petition for judicial review under the
15 Arkansas Administrative Procedure Act, � 25-15-201 et seq.
16
17 SECTION 9. Arkansas Code � 6-21-114(a), concerning the membership of
18 the Commission for Arkansas Public School Academic Facilities and
19 Transportation, is amended to read as follows:
20 (a) There is created the Commission for Arkansas Public School
21 Academic Facilities and Transportation, which shall consist of the following:
22 (1) The Secretary of the Department of Finance and
23 Administration, or his or her designee;
24 (2) The Commissioner of Elementary and Secondary Education, or
25 his or her designee; and
26 (3) The President of the Arkansas Development Finance Authority,
27 or his or her designee.
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9 03/31/2025 5:01:40 PM TNL327Every fact on this page links to its source, starting with the official bill record.