Stricken language would be deleted from and underlined language would be added to present law.
*MLD025* 02-27-2023 09:55:09 MLD025
State of Arkansas S2/1/23 S2/9/23 S2/27/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 71 3
4
By: Senator D. Sullivan 5
By: Representative Gonzales 6
7
For An Act To Be Entitled 8
AN ACT TO PROHIBIT D ISCRIMINATION OR PRE FERENTIAL 9
TREATMENT BY THE STA TE OF ARKANSAS AND O THER PUBLIC 10
ENTITIES; AND FOR OT HER PURPOSES. 11
12
13
Subtitle 14
TO PROHIBIT DISCRIMINATION OR 15
PREFERENTIAL TREATMENT BY THE STATE OF 16
ARKANSAS AND OTHER PUBLIC ENTITIES. 17
18
19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
21
SECTION 1. Arkansas Code § 3 -4-223 is amended to read as follows: 22
3-4-223. Diversity in ownership and financial interest. 23
When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic 24
Beverage Control Division shall consider lack of diversity in ownership and 25
financial interest in the geographic area at issue in the p ermit application 26
the benefit to consumers of competition . 27
28
SECTION 2. Arkansas Code § 6 -10-111 is amended to read as follows: 29
6-10-111. Equity Equality Assistance Center. 30
(a) The Division of Elementary and Secondary Education is authorized 31
to establish a special section within its organization, to be known as the 32
Equity Equality Assistance Center, designed to provide assistance to the 33
school districts of the state in such activities as affirmative action, 34
program accessibility, human relations, awaren ess, and desegregation and 35
nondiscrimination. 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(b) This assistance shall include on -site visits, workshops, program 1
review, and any other special activity which might enable the school 2
districts of the state to more effectively meet their civil rights 3
desegregation and nondiscrimination responsibilities. 4
(c)(1) The center created by this section shall be the liaison for the 5
division with the United States Office for Civil Rights. 6
(2) The center shall maintain manuals, guidelines, procedures, 7
and other informational materials setting requirements in the area of civil 8
rights desegregation and nondiscrimination and describing how determination 9
of compliance is made. 10
(d) Annually, each local school district in the state shall provide 11
the center assurances of compliance with civil rights desegregation and 12
nondiscrimination responsibilities in the form and at the time as is 13
designated by the Commissioner of Elementary and Secondary Edu cation. 14
(e) The division may withhold state aid from any school district that 15
fails to file its assurance of compliance with civil rights desegregation and 16
nondiscrimination responsibilities by October 15 each year or fails to file 17
any other information with a published deadline requested from school 18
districts by the center so long as thirty (30) calendar days are given 19
between the request for the information and the published deadline, except 20
that thirty (30) days notice shall not be required when the re quest comes 21
from a member or committee of the General Assembly. 22
(f) The division is authorized to develop forms and promulgate 23
appropriate rules and procedures as may be required to implement the 24
provisions of this section. 25
26
SECTION 3. Arkansas Code § 6-15-202(f)(1), concerning school 27
accreditation, development of rules, criteria, and standards, is amended to 28
read as follows: 29
(1) Section 6-10-111(d)-(f) concerning the Equity Equality 30
Assistance Center; 31
32
SECTION 4. Arkansas Code Title 6, Chapter 17 , Subchapter 19, is 33
repealed. 34
6-17-1901. Teacher and administrator recruitment and retention plan. 35
(a) By August 1, 2022, each public school district and open -enrollment 36 S2/1/23 S2/9/23 S2/27/23 SB71
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public charter school in the state shall prepare a three -year teacher and 1
administrator recruitment and retention plan. 2
(b) The plan shall set forth goals for: 3
(1) The recruitment and retention of teachers and administrators 4
of minority races and ethnicities who increase diversity among the district 5
staff and, at a minimum, reflect the racial and ethnic diversity of the 6
district's students; and 7
(2) Increasing the number of students who pursue careers in 8
education with an emphasis on students of minority races and ethnicities. 9
(c) A school district shall review annually the: 10
(1) Recruitment and retention plan; and 11
(2) Progress of the school district in meeting the goals 12
established pursuant to subsection (b) of this section. 13
(d) The plan shall be: 14
(1) Updated annually; and 15
(2) Posted on the school district's or open-enrollment public 16
charter school's website no later than August 1 of each year. 17
18
6-17-1902. Equity Assistance Center — Coordination and contents of 19
plan. 20
(a) The Equity Assistance Center shall provide technical assistance, 21
guidance, and support to public school districts and public open -enrollment 22
charter schools in developing recruitment and retention plans and setting and 23
meeting annual goals. 24
(b)(1) Each public school district and open -enrollment public charter 25
school shall designate an employe e to coordinate the implementation and 26
review of the public school district's and open -enrollment public charter 27
school's recruitment and retention plan. 28
(2) The designated equity assistance coordinator in each public 29
school district and open -enrollment public charter school may serve as the 30
coordinator of the public school district's and open -enrollment public 31
charter school's recruitment and retention plan. 32
(c) The teacher and administrator recruitment and retention plan shall 33
include, but not be lim ited to, the following information: 34
(1) The annual goals of the public school district or open -35
enrollment public charter school established pursuant to § 6 -17-1901(b); 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(2) The actions and steps the public school district or open -1
enrollment public cha rter school has taken and will take to meet each of the 2
public school district's and open -enrollment public charter school's goals; 3
(3) The progress of the public school district or open -4
enrollment public charter school in meeting each of the public sch ool 5
district's and open-enrollment public charter school's goals; 6
(4) The evaluative methods the public school district or open -7
enrollment public charter school will use to measure progress towards meeting 8
the public school district's or open -enrollment public charter school's 9
goals; 10
(5) If the public school district or open -enrollment public 11
charter school did not meet the public school district's or open -enrollment 12
public charter school's goals for the previous reporting period, the public 13
school district or open-enrollment public charter school shall state the 14
reasons for not meeting the goals and the steps the public school district or 15
open-enrollment public charter school will take to overcome the reasons for 16
not meeting the goals; 17
(6) The steps the public school district or open -enrollment 18
public charter school will take to encourage students to pursue a career in 19
education, including steps specific to students of minority races and 20
ethnicities; 21
(7) Public school district or open -enrollment public charter 22
school teacher and administrator recruitment and retention data to show the: 23
(A) Racial and ethnic composition of teachers and 24
administrators employed by the public school district or open -enrollment 25
public charter school for each of the previous three (3) years; and 26
(B) Effectiveness of the plan; and 27
(8) The racial and ethnic composition of the student body and 28
the racial and ethnic composition of the residents of the public school 29
district or open-enrollment public charter school . 30
(d) The State Board of Education may promulgate rules necessary for 31
implementation of this subchapter. 32
33
6-17-1903. Department of Education — Minority Teacher and Administrator 34
Preparation and Recruitment Strategic Plan. 35
(a)(1) The Department of Educ ation shall set goals for increasing the 36 S2/1/23 S2/9/23 S2/27/23 SB71
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number of teachers and administrators of minority races and ethnicities in 1
this state. 2
(2)(A) The Division of Higher Education shall collaborate with 3
the State Board of Education, local universities, colleges, pu blic school 4
districts, and open-enrollment public charter schools to develop a strategic 5
plan for increasing the number of teachers and administrators of minority 6
races and ethnicities in this state. 7
(B) The Minority Teacher and Administrator Preparati on and 8
Recruitment Strategic Plan shall include without limitation recommendations 9
to institutions with educator preparation programs on ways to: 10
(i) Identify methods for increasing the percentage 11
of teachers and administrators of minority races and ethnicities in 12
proportion to the number of students of minority races and ethnicities in 13
this state; and 14
(ii) Establish programs to identify and recruit 15
individuals of minority races and ethnicities who have already earned college 16
degrees in other job fields to become teachers and administrators. 17
(b) The division shall: 18
(1) Promote educator preparation programs that increase the 19
percentage of individuals of minority races and ethnicities who enter and 20
successfully complete a four -year educator preparatory program and provide 21
support to students of minority races and ethnicities who meet the 22
requirements for entering educator preparation programs; and 23
(2) Submit a report no later than July 1, 2022, and every two 24
(2) years following to the House C ommittee on Education and the Senate 25
Committee on Education. 26
27
SECTION 5. Arkansas Code § 6 -60-703(b)(3), concerning the 28
Comprehensive Arkansas Higher Education Annual Report, is repealed. 29
(3) Every five (5) years, beginning in 2015: 30
(A) Minority retention plans, § 6 -61-122; and 31
(B) Affirmative action program plans, § 6 -63-103(c). 32
33
SECTION 6. Arkansas Code § 6 -61-122 is repealed. 34
6-61-122. Higher education minority retention programs — Establishment 35
— Reports. 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(a) All state-supported colleges and universities shall establish a 1
program for the retention of blacks and other members of minority groups as 2
students, faculty, and staff. Retention action plans shall be prepared on a 3
continuing basis for future five -year periods. 4
(b) Each state-supported college and university shall annually prepare 5
a progress report on the steps that have been taken to reach the goals of the 6
plan. The report shall include information relative to students, faculty, and 7
staff within the institution. 8
(c) Copies of each institution's five -year plan and annual report 9
shall be filed by June 30 with the Division of Higher Education, the board of 10
trustees of the institution, the House Committee on Education and the Senate 11
Committee on Education, and the board of visitor s of the institution, if 12
applicable. 13
(d) The division shall develop appropriate forms for reporting and 14
shall monitor the retention plans and annual reports. 15
(e) In carrying out the retention action plans, each institution shall 16
provide for a part-time or full-time employee by reassignment, appointment, 17
or employment to assist the institution in the retention of blacks and 18
members of other minority groups for faculty and staff positions. 19
20
SECTION 7. Arkansas Code § 6 -63-103 is repealed. 21
6-63-103. Affirmative action programs — Plans — Annual reports. 22
(a)(1) Each state-supported institution of higher education shall 23
prepare an affirmative action program for the recruitment of African -24
Americans and other members of minorities for faculty and staff posi tions and 25
for enrollment as students. 26
(2) Affirmative action plans shall be prepared on a continuing 27
basis for future five -year periods. 28
(b)(1) Each state-supported institution of higher education shall 29
prepare annually a summary report on the steps t hat have been taken to reach 30
the goals of the plan. 31
(2) The report shall: 32
(A) Include information on the progress made by each 33
institution for the various levels of employment within the institution; and 34
(B) Be presented in a table format limite d to no more than 35
five (5) pages. 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(c) Copies of the five -year plan and annual reports summaries of each 1
institution of higher education shall be included in the Comprehensive 2
Arkansas Higher Education Annual Report, filed with the Governor, the 3
Division of Higher Education, the president and board of trustees of the 4
institution, the board of visitors of the institution, if applicable, and the 5
House Committee on Education and the Senate Committee on Education. 6
(d) In carrying out the affirmative action p lans, each institution of 7
higher education shall provide for a part -time or full-time employee to 8
assist the institution in the recruitment of African -Americans and other 9
members of minorities for faculty and staff positions and for enrollment as 10
students. 11
12
SECTION 8. Arkansas Code § 6 -82-1501 is amended to read as follows: 13
6-82-1501. Title. 14
This subchapter shall be known and may be cited as the “Arkansas 15
Geographical Critical Needs Minority Teacher Scholarship Program Act of 16
2001”. 17
18
SECTION 9. Arkansas Code § 6-82-1502 is amended to read as follows: 19
6-82-1502. Program established — Purpose. 20
(a) There is established the Critical Needs Minority Teacher 21
Scholarship Program. 22
(b) The purpose of the program is to attract qualified minority 23
teachers to the Delta and those geographical areas of the state where there 24
exists a critical shortage of teachers by awarding scholarships to minorities 25
individuals declaring an intention to serve in the teaching field who 26
actually render service to this state while possessing an appropriate 27
teaching license. 28
29
SECTION 10. Arkansas Code § 6 -82-1503(a) and (b), concerning the 30
eligibility for scholarships, are amended to read as follows: 31
(a)(1) The term “minority” when used in this subchapter shall refer to 32
Black Americans, Hispanic Americans, Asian Americans, and Native Americans. 33
(2) The Native American group includes all persons having 34
origins in any of the original peoples of North America and who maintain 35
cultural identification through tribal affiliatio n or community recognition. 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(b) Any individual who is a minority and who is enrolled in or 1
accepted for enrollment at a baccalaureate degree -granting institution of 2
higher education whose teacher education program is approved by the State 3
Board of Education or at an accredited state -supported community college in 4
the State of Arkansas who expresses in writing an intention to teach in a 5
geographical area of the state in which there exists a critical shortage of 6
teachers, as designated by the state board, s hall be eligible for a financial 7
Critical Needs Minority Teacher Scholarship to be applied toward the costs of 8
the individual's college education, if: 9
(1) The applicant has a grade point average of 2.5 on a 4.0 10
scale in high school if the applicant grad uated within the five (5) preceding 11
years; and 12
(2) The applicant scored nineteen (19) or above on the ACT 13
composite or the equivalent as defined by the University of Arkansas at Pine 14
Bluff. 15
16
SECTION 11. Arkansas Code § 6 -82-1503(c)(1), concerning the 17
eligibility for scholarships, is amended to read as follows: 18
(c)(1) The university is authorized to develop selection criteria 19
through Critical Needs Minority Teacher Scholarship Program rules, which 20
combine an applicant's ACT superscore, as defined by § 6-85-204, or ACT 21
equivalent score and grade point average in the core curriculum into a 22
selection index. 23
24
SECTION 12. Arkansas Code § 6 -82-1503(e)(1), concerning the 25
eligibility for scholarships, is amended to read as follows: 26
(e)(1) Awards granted un der the Critical Needs Minority Teacher 27
Scholarship Program shall be available to both full -time and part-time 28
students. 29
30
SECTION 13. Arkansas Code § 6 -82-1504(a), concerning service 31
requirement for scholarship recipients, is amended to read as follows: 32
(a) Except in those cases where employment positions may not be 33
available upon completion of licensure requirements, at the beginning of the 34
first school year in which a recipient of a Critical Needs Minority Teacher 35
Scholarship is eligible for employmen t as a licensed teacher, that person 36 S2/1/23 S2/9/23 S2/27/23 SB71
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shall begin to render service as a licensed teacher in a public school 1
district in a geographical area of the state where there is a critical 2
shortage of teachers or in the Mississippi Delta, as designated by the 3
Division of Elementary and Secondary Education. 4
5
SECTION 14. Arkansas Code § 6 -82-1505(a), concerning rules, 6
administration, and reports for the administration of the Critical Needs 7
Minority Teacher Scholarship Program, is amended to read as follows: 8
(a) The University of Arkansas at Pine Bluff and the Division of 9
Higher Education shall jointly promulgate rules necessary for the proper 10
administration of the Critical Needs Minority Teacher Scholarship Program. 11
12
SECTION 15. Arkansas Code § 6 -82-1506(a), concerning the Critical 13
Needs Minority Teacher Scholarship Program Committee, is amended to read as 14
follows: 15
(a) There is established a committee to be known as the Critical Needs 16
Minority Teacher Scholarship Program Committee. 17
18
SECTION 16. Arkansas Co de § 6-82-1506(h)(2), concerning the Critical 19
Needs Minority Teacher Scholarship Program Committee, is amended to read as 20
follows: 21
(2) Perform other duties or functions regarding the Critical 22
Needs Minority Teacher Scholarship Program as may be requeste d by the 23
chancellor. 24
25
SECTION 17. Arkansas Code § 16 -123-338(4), concerning relief for a 26
discriminatory housing practice, is amended to read as follows: 27
(4) Subject to § 16 -123-339, any permanent or temporary 28
injunction, temporary restraining order, o r other order, including an order 29
enjoining the defendant from engaging in the discriminatory housing practice 30
or ordering affirmative other action as may be appropriate. 31
32
SECTION 18. Arkansas Code § 21 -3-101 is amended to read as follows: 33
21-3-101. Equal employment hiring program. 34
(a) Every state department, agency, board, commission, and institution 35
of higher education and every constitutional officer as defined in Arkansas 36 S2/1/23 S2/9/23 S2/27/23 SB71
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Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal 1
employment hiring program designed to achieve a goal of increasing the 2
percentage of minority employees within the state department, agency, board, 3
commission, and institution of higher education and within the constitutional 4
office to a level that approx imates the percentage of minorities in the 5
state's population. 6
(b)(1) Every state department, agency, board, commission, and 7
institution of higher education and every constitutional officer shall report 8
to the Legislative Council on June 30 of each year regarding its efforts to 9
achieve its equal employment hiring program goal. 10
(2) However, the report required of any institution by § 6 -63-11
103 may be used in lieu of the report required under this subsection and 12
shall be filed as provided in this subsecti on. 13
(c) The employee handbook or manual of every state department, agency, 14
board, commission, and institution of higher education and every employee 15
handbook or manual of every constitutional office shall include the following 16
statement in describing the equal employment opportunity hiring program 17
required under this section : 18
“The State of Arkansas does not discriminate in access to 19
employment opportunities or in employment or practices on the basis of race, 20
color, religion, sex, national origin, age, d isability, or genetic 21
information.” 22
23
SECTION 19. Arkansas Code § 22 -9-203(i), concerning the award 24
procedure for public improvements generally, is amended to read as follows: 25
(i) No contract providing for the making of major repairs or 26
alterations, for the erection of buildings or other structures, or for making 27
other permanent improvements shall be entered into by the state, any agency 28
of the state, any county, municipality, school district, or other local 29
taxing unit with any contractor in instances w here all estimated costs of the 30
work shall exceed the sum of seventy -five thousand dollars ($75,000) unless 31
the bid documents contain statements which encourage the participation of 32
small, minority, and women's business enterprises. 33
34
SECTION 20. Arkansas Code Title 25, Chapter 1, Subchapter 1, is 35
amended to add an additional section to read as follows: 36 S2/1/23 S2/9/23 S2/27/23 SB71
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25-1-126. Prohibition of discrimination or preferential treatment by 1
state entities. 2
(a) As used in this section, "state" means the State of Arkansas, a 3
city, a county, an institution of higher education, a public school district, 4
a public special school district, or a political subdivision or governmental 5
instrumentality of the state. 6
(b) The state shall not discriminate against, or grant preferential 7
treatment to, an individual or group on the basis of race, sex, color, 8
ethnicity, or national origin in matters of state employment, public 9
education, or state procurement. 10
(c) This section applies only to an action taken after the effective 11
date of this act. 12
(d) This section does not: 13
(1) Prohibit the consideration by the state of bona fide 14
qualifications based on gender that are reasonably necessary to the normal 15
functions of state employment, public education, or state procurement; 16
(2) Invalidate a court order or consent decree that is in force 17
as of the effective date of this act; 18
(3) Prohibit an action necessary to establish or maintain 19
eligibility for a federal program if ineligibility would demonstrably result 20
in a loss of federal funds to the state; or 21
(4) Preempt state discrimination law or federal discrimination 22
law. 23
(e) A person who negligently violates this section is guilty of a 24
Class A misdemeanor. 25
(f)(1) A person who believes his or her rights have been impacted 26
under this section may bring a civil action in circuit court to: 27
(A) Enjoin a violation of this section; and 28
(B) Recover reasonable court costs and attorney's fees. 29
(2) In an action brought under this section, if the court finds 30
that a violation occurred, the court shall award: 31
(A) Injunctive relief; and 32
(B) Court costs and attorney's fees. 33
34
SECTION 21. Arkansas Code § 25 -36-103 is repealed. 35
25-36-103. Agency contracting — Diversity. 36 S2/1/23 S2/9/23 S2/27/23 SB71
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(a) A state agency shall include in all requests for propos als and 1
requests for qualifications, language that encourages minority participation 2
in each request for proposals and request for qualifications issued by the 3
state agency. 4
(b)(1) State agency requests for proposals and requests for 5
qualifications shall take into consideration minority inclusion in the 6
proposed project. 7
(2) Requests for proposals and requests for qualifications shall 8
provide that an applicant unable to include minority -owned businesses may 9
explain the circumstances preventing minority inclusion. 10
11
SECTION 22. DO NOT CODIFY. Report to Legislative Council. 12
(a) All state agencies shall begin developing a plan to implement this 13
act immediately upon the effective date of this act. 14
(b)(1) If a state agency has not complied with this ac t within six (6) 15
months of the effective date of this act, the state agency shall submit a 16
detailed compliance plan to the Legislative Council or its appropriate 17
subcommittee within six (6) months of the effective date of this act stating 18
the: 19
(A) Steps the state agency will take to comply with this 20
act; 21
(B) Estimated time needed for the state agency to 22
implement changes necessary to comply with this act; 23
(C) Individual responsible for overseeing the 24
implementation of this act; and 25
(D) Description of the steps the state agency is taking to 26
address any failure to comply with this act. 27
(2) The executive head of each state agency shall appear before 28
the Legislative Council or its appropriate subcommittee at the time the 29
compliance plan in subdivision (b)(1) of this section is submitted and 30
provide the following information: 31
(A) Whether the state agency has been successful in 32
complying with the requirements of subdivision (b)(1) of this section; 33
(B) An update on the current status o f the necessary 34
changes; 35
(C) The ongoing steps the state agency is taking to 36 S2/1/23 S2/9/23 S2/27/23 SB71
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address any failure to comply with this act; and 1
(D) The anticipated date for when the state agency shall 2
be in full compliance with this act. 3
(3) If the state agency h as not been successful in complying 4
with this act within nine (9) months of the appearance before the Legislative 5
Council or its appropriate subcommittee required in subdivision (b)(2) of 6
this section: 7
(A) The executive head of the state agency shall appear 8
before the Legislative Council; and 9
(B) The state agency shall provide an updated report and 10
compliance plan to the Legislative Council or its appropriate subcommittee, 11
including the anticipated date of compliance. 12
(c)(1) If after one (1) year from the effective date of this act a 13
state agency has not complied fully with this act, in addition to the 14
executive head of the state agency, the cabinet -level department secretary 15
overseeing that state agency shall also appear before the Legislative Co uncil 16
or its appropriate subcommittee to provide an update. 17
(2) After the appearance under subdivision (c)(1) of this 18
section, every three (3) months until the state agency reaches full 19
compliance with this act, the executive head of the state agency an d the 20
cabinet-level department secretary overseeing that state agency shall: 21
(A) Appear before the Legislative Council or its 22
appropriate subcommittee; and 23
(B) Provide an updated report and compliance plan to the 24
Legislative Council or its appropriate subcommittee, including the 25
anticipated date of compliance. 26
(3) A cabinet-level department secretary is in violation of this 27
act if the secretary fails to be in full compliance with this act within 28
twenty-four (24) months of sine die adjourn ment of the Ninety-Fourth General 29
Assembly meeting in regular session. 30
31
/s/D. Sullivan 32
33
34
35
36