Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1941 3
4
By: Representative Joey Carr 5
By: Senator J. English 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE TO 9
IMPROVE THE EFFICIENCY OF GOVERNMENT AND RESTRUCTURE 10
AND REPEAL THE DUTIES OF CERTAIN BOARDS AND 11
COMMISSIONS WITHIN THE DEPARTMENT OF EDUCATION; TO 12
PROTECT ARKANSAS STUDENTS BY ENSURING THE EFFICIENT 13
DISPOSITION OF ETHICS COMPLAINTS AGAINST TEACHERS; TO 14
IMPROVE THE EFFICIENCY OF GOVERNMENT; AND FOR OTHER 15
PURPOSES. 16
17
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Subtitle 19
CONCERNING DEPARTMENT OF EDUCATION 20
BOARDS AND COMMISSIONS; AND TO PROTECT 21
ARKANSAS STUDENTS BY ENSURING THE 22
EFFICIENT DISPOSITION OF ETHICS 23
COMPLAINTS AGAINST TEACHERS. 24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. Arkansas Code § 6 -17-422(d), concerning the membership of 28
the Professional Licensure Standards Board, is amended to read as follows: 29
(d)(1)(A) Each member of the Professional Licensure Standards Board 30
shall serve a term of three (3) years. 31
(B) The initial members shall draw lots for staggered 32
terms. 33
(2) The State Board of Education shall appoint any qualified 34
person to fill a position that is vacated before the expiration of a member's 35
term. 36 HB1941
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(3) A member shall not serve on the Professional Licensure 1
Standards Board more than three (3) terms. 2
3
SECTION 2. Arkansas Code § 6 -17-428(b) and (c), concerning ethical 4
violations considered by the Professional Licensure Standards Board, are 5
amended to read as follows: 6
(b)(1) The Professional Licensure Standards Board shall: 7
(A) Establish procedures for: 8
(i) Receiving and investigating an ethics complaint 9
submitted electronically or in writing ; 10
(ii) Enforcing the code of ethics; 11
(iii) Granting and conducting hearings under this 12
section; and 13
(iv) Publicizing notifications equivalent to the 14
recommendations for enforcement of the code of ethics; 15
(B) Make recommendations for enforcement of : 16
(i) Findings of fact; and 17
(ii) Conclusions of law; 18
(C) Impose sanctions provided in this section to enforce 19
the code of ethics; 20
(C)(D) Develop public notifications equivalent to the 21
recommendations for enforcement of the code of ethics; and 22
(D)(E) Establish an ethics subcommittee of the 23
Professional Licensure Standards Board with equal representation of public 24
school teachers and administrators as well as one (1) member from any other 25
category of representation on the Professional Licensure Standards Board. 26
(2) All rules, procedures, hearings, and appeals relating to the 27
code of ethics complaints under this section shall be promulgated and 28
implemented under the Arkansas Administrative Procedure Act, § 25 -15-201 et 29
seq. 30
(c)(1) The ethics subcommittee of the Professional Licensure Standards 31
Board shall: 32
(A)(i) Authorize the investigation of ethics complaints . 33
(ii)(a) A complaint form sent via facsimile or 34
with an electronic signature shall not be accepted. 35
(b) A complaint form shall have the original 36 HB1941
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signature of the complainant ; 1
(B) Enforce the code of ethics by: 2
(i) Making a recommendation to the State Board of 3
Education for settlement agreement with an educator determined to have 4
committed an ethical violation that includes one (1) or more of the following 5
sanctions or making a recommendation to the Professional Licensure Standards 6
Board that the ethics complaint be resolved by imposing one (1) or more of 7
the following sanctions : 8
(a) A written warning, a written reprimand, or 9
the written placement of conditions or restrictions on the activities of the 10
educator; or 11
(b) The revocation, suspension, probation, 12
nonrenewal, or denial of a license issued by the State Board of Education; or 13
(ii) Issuing a private letter of caution; and 14
(C) Dismiss an ethics complaint if it finds there is no 15
ethics violation. 16
(2) For a preservice teacher assigned to a public school as a 17
student intern in a supervised field experience or supervised clinical 18
experience, a sanction adopted by the State Board of Education may be imposed 19
on a license when it is issued to a preservice teacher. 20
(3) The ethics subcommittee may appoint or contract for one (1) 21
or more persons to conduct evidentiary hearings. 22
(4) The State Board of Education may make an informal 23
disposition of the ethical violation by stipulation, settlement, consent 24
order, or default. 25
26
SECTION 3. Arkansas Code § 6 -17-428(i), concerning ethics complaints 27
hearings, is amended to read as follows: 28
(i)(1) Upon request for a hearing, the staff of the Professional 29
Licensure Standards Board shall provide the educator with notice of the time 30
and date of the hearing, which shall be conducted in accordance with the 31
rules of the Professional Licensure Standards Board. 32
(2) The educator and the Professional Licensure Standards Board 33
may be represented by representatives of their choosing. 34
(3) After the conclusion of a hearing, the Professional 35
Licensure Standards Board shall enter an order that includes findings of 36 HB1941
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fact, conclusions of law, and a decision to impose one (1) or more of the 1
following actions: 2
(A) Issue a public letter of warning or reprimand; 3
(B) Place conditions or restrictions on the activities of 4
an educator; 5
(C) Revoke, suspend, or deny a license issued by the State 6
Board of Education; 7
(D) Place an educator's license on a probationary status 8
based on conditions and time limitations set out in the order; 9
(E) Issue a private letter of caution; or 10
(F) Dismiss an ethics compliant if the Professional 11
Licensure Standards Board finds there is no ethics violation. 12
(4)(A) An educator may accept the findings and sanctions of the 13
Professional Licensure Standards Board or appeal the matter to the State 14
Board of Education. 15
(B) An appeal under subdivision (i)(4)(A) of this section 16
shall be filed with the State Board of Education not less than thirty (30) 17
days from the date of receipt of the the Professional Licensure Standards 18
Board's written order. 19
(5) Unless an appeal is filed, an order issued by the 20
Professional Licensure Standards Board under subdivision (i)(3) of this 21
section shall be effective the earlier of: 22
(A) The date the educator accepts the findings or 23
sanctions in writing; or 24
(B) Sixty (60) days after the order was transmitted to the 25
educator. 26
27
SECTION 4. Arkansas Code § 6 -17-428(q), concerning the submission of 28
an ethics complaint, is amended to read as follows: 29
(q) Subject to the disclosure limitations of subsections (m) and (o) 30
of this section, the division may include on the division's public website 31
for licensure the following information on each violation of the code of 32
ethics by an educator whose license the State Board of Education has is 33
suspended, revoked, denied, or not renewed based on the recommendations of 34
the ethics subcommittee under this section: 35
(1) The code of ethics standard that was violated; 36 HB1941
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(2) The sanction approved by imposed by a settlement agreement, 1
an order of the Professional Licensure Standards Board, or a final order of 2
the State Board of Education; and 3
(3) A copy of the settlement agreement, order of the 4
Professional Licensure Standards Board, or final order of the State Board of 5
Education. 6
7
SECTION 5. Arkansas Code § 6 -17-1113(f), concerning the School Worker 8
Defense Program, is amended to read as follows: 9
(f) Any person entitled to payment under the School Worker Defense 10
Program may appeal the decision of the division to the advisory board The 11
division may promulgate rules to implement this section . 12
13
SECTION 6. Arkansas Code § 6 -17-1118 is repealed. 14
6-17-1118. School Worker Defense Program Advisory Board. 15
(a) The School Worker Defense Program Advisory Board is created. The 16
board shall be composed of seven (7) members as follows: 17
(1) The Executive Director of the Arkansas Association of 18
Educational Administrators or his or her designee; 19
(2) The Executive Director of the Arkansas Rural Ed Association 20
or his or her designee; 21
(3) The Executive Director of the Arkansas School Boards 22
Association or his or her designee; 23
(4) The Executive Director of the Arkansas Education Association 24
or his or her designee; 25
(5) The designee of the Attorney General; 26
(6) The Secretary of the Department of Finance and 27
Administration or his or her designee; and 28
(7)(A) The Commissioner of Elementary and Secondary Education or 29
his or her designee. 30
(B) Provided, however, no employee of the Division of 31
Elementary and Secondary Education who is charged with administering the 32
defense fund and protection program shall be eligible to serve as the 33
designee of the commissioner. 34
(b) Members of the board shall biannually elect a chair, a vice chair, 35
and a secretary from the membership of the board, whose duties shall be those 36 HB1941
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customarily exercised by those officers or specifically designated by the 1
board. 2
(c)(1) The board shall meet within the State of Arkansas and may meet 3
as often as it deems necessary for the purpose of carrying out its duties 4
under the provisions of this section. 5
(2) A majority of the members of the board shall constitute a 6
quorum for the purpose of a meeting. 7
(d)(1) The board shall have final authority to hear and adjudicate any 8
appeal filed by a school worker for protection against liability pursuant to 9
§ 6-17-1113. 10
(2) In an emergency situation, the chair of the board may 11
approve payment of a claim without a meeting of the board. 12
(e)(1) The Division of Elementary and Secondary Education may 13
promulgate rules as necessary for the proper administration of this section 14
to establish the board. 15
(2) The Division of Elementary and Secondary Education shall 16
provide support staff for the board. 17
18
SECTION 7. Arkansas Code § 6 -20-2513 is amended to read as follows: 19
6-20-2513. Appeals. 20
(a)(1) A public school district may appeal : 21
(1) A a determination of the Division of Public School Academic 22
Facilities and Transportation under this subchapter to the Academic 23
Facilities Review Board in accordance with procedures developed by the board 24
under § 6-20-2516; and 25
(2)(A) A decision of the board to the Commission for Arkansas 26
Public School Academic Facilities and Transportation in accordance with 27
procedures developed by the commission. 28
(B)(2) The public school district shall provide to the board 29
division a copy of the request for appeal when it files the request with the 30
commission. 31
(b) All decisions of the commission resulting from a public school 32
district's appeal of a decision determination of the board division under 33
this subchapter shall be final and shall not be subject to further appeal or 34
request for rehearing to the commission or petition for judicial review under 35
the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 36 HB1941
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1
SECTION 8. Arkansas Code § 6 -20-2516 is repealed. 2
6-20-2516. Academic Facilities Review Board. 3
(a) There is established the Academic Facilities Review Board to hear 4
the appeal filed by a public school district under § 6 -20-2513(a) of a 5
determination of the Division of Public School Academic Facilities and 6
Transportation. 7
(b)(1) The board is composed of five (5) members appointed by the 8
Governor and subject to confirmation of the Senate as follows: 9
(A)(i) One (1) member who is a licensed building 10
contractor with five (5) years or more of experience in public school 11
construction. 12
(ii) The Governor shall consult the Arkansas chapter 13
of the Associated General Contractors of America before making an appointment 14
under subdivision (b)(1)(A)(i) of this section; 15
(B)(i) One (1) member who is a registered architect with 16
at least five (5) years of experience in public school design. 17
(ii) The Governor shall consult The Arkansas 18
Chapter, the American Institute of Architects before making an appointment 19
under subdivision (b)(1)(B)(i) of this section; 20
(C)(i) One (1) member who is a licensed or registered 21
engineer with at least five (5) years of experience in public school 22
construction. 23
(ii) The Governor shall consult the American Council 24
of Engineering Companies of Arkansas and The Arkansas Society of Professional 25
Engineers before making an appointment under subdivision (b)(1)(C)(i) of this 26
section; and 27
(D)(i) Two (2) members who are selected from the public at 28
large. 29
(ii) The Governor shall consult the Arkansas 30
Association of Educational Administrators and the Arkansas School Boards 31
Association before making an appointment under subdivision (b)(1)(D)(i) of 32
this section. 33
(2) A member of the board shall be a resident of this state at 34
the time of appointment and throughout the member's term. 35
(3) A member of the Commission for Arkansas Public School 36 HB1941
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Academic Facilities and Transportation shall not serve as a member of the 1
commission while serving as a member of the board. 2
(c)(1)(A) Each member of the board shall serve a term of three (3) 3
years. 4
(B) The initial members shall draw lots for staggered 5
terms. 6
(2) The Governor shall appoint any qualified person to fill a 7
position that is vacated before the expiration of a member's term. 8
(d)(1) The Governor shall designate one (1) member to serve as chair 9
of the board at its organizational meeting. 10
(2) The chair or the chair's designee shall call an 11
organizational meeting within twenty (20) calendar days after the Governor 12
has appointed all members of the initial board. 13
(3) At the organizational meeting, the members of the board 14
shall elect a chair, who shall serve as chair for one (1) year. 15
(4) Annually after the organizational meeting, the board shall 16
elect a new chair. 17
(e)(1) The board shall meet upon the call of the chair when a hearing 18
is requested by a public school district, but a meeting shall not be held 19
outside of this state. 20
(2) All action of the board shall be by a majority vote of the 21
quorum present at a meeting. 22
(3) A majority of the members of the board shall constitute a 23
quorum for the purpose of transacting business. 24
(f) The Division of Elementary and Secondary Education shall provide 25
staff support for the board's activities. 26
(g)(1) Members of the board shall serve without pay. 27
(2) Members of the board may receive expense reimbursement in 28
accordance with § 25 -16-902, to be paid by the Division of Elementary and 29
Secondary Education to the extent money is available for that purpose. 30
(h) The board shall establish policies and procedures for conducting 31
hearings and appeals. 32
(i)(1) Following the hearing at which all testimony and evidence are 33
presented, the board shall make a final determination accepting, rejecting, 34
or modifying the determination of the Division of Public School Academic 35
Facilities and Transportation. 36 HB1941
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(2) Within ten (10) business days, the board shall provide to 1
the appellant public school district and to the Division of Public School 2
Academic Facilities and Transportation a notice of the board's final 3
determination. 4
(3)(A) If the board's final determination will result in a 5
greater level of state financial participation in a project than previously 6
authorized by the Division of Public School Academic Facilities and 7
Transportation, the board's final determination shall be reviewed by the 8
commission in accordance with procedures developed by the commission. 9
(B) A decision of the commission resulting from a review 10
of a decision of the board under this section is final and is not subject to: 11
(i) Further appeal to the commission; 12
(ii) Request for rehearing by the commission; or 13
(iii) Petition for judicial review under the 14
Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 15
16
SECTION 9. Arkansas Code § 6 -21-114(a), concerning the membership of 17
the Commission for Arkansas Public School Academic Facilities and 18
Transportation, is amended to read as follows: 19
(a) There is created the Commission for Arkansas Public School 20
Academic Facilities and Transportation, which shall consist of the following: 21
(1) The Secretary of the Department of Finance and 22
Administration, or his or her designee ; 23
(2) The Commissioner of Elementary and Secondary Education , or 24
his or her designee; and 25
(3) The President of the Arkansas Development Finance Authority , 26
or his or her designee . 27
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