| 3 | 2 | | *TNL327* 03/31/2025 5:01:40 PM TNL327 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1941 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Representative Joey Carr 5 |
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| 9 | 8 | | By: Senator J. English 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE TO 9 |
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| 13 | 12 | | IMPROVE THE EFFICIENCY OF GOVERNMENT AND RESTRUCTURE 10 |
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| 14 | 13 | | AND REPEAL THE DUTIES OF CERTAIN BOARDS AND 11 |
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| 15 | 14 | | COMMISSIONS WITHIN THE DEPARTMENT OF EDUCATION; TO 12 |
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| 16 | 15 | | PROTECT ARKANSAS STUDENTS BY ENSURING THE EFFICIENT 13 |
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| 17 | 16 | | DISPOSITION OF ETHICS COMPLAINTS AGAINST TEACHERS; TO 14 |
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| 18 | 17 | | IMPROVE THE EFFICIENCY OF GOVERNMENT; AND FOR OTHER 15 |
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| 19 | 18 | | PURPOSES. 16 |
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| 20 | 19 | | 17 |
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| 21 | 20 | | 18 |
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| 22 | 21 | | Subtitle 19 |
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| 23 | 22 | | CONCERNING DEPARTMENT OF EDUCATION 20 |
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| 24 | 23 | | BOARDS AND COMMISSIONS; AND TO PROTECT 21 |
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| 25 | 24 | | ARKANSAS STUDENTS BY ENSURING THE 22 |
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| 26 | 25 | | EFFICIENT DISPOSITION OF ETHICS 23 |
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| 27 | 26 | | COMPLAINTS AGAINST TEACHERS. 24 |
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| 28 | 27 | | 25 |
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| 29 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 |
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| 30 | 29 | | 27 |
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| 31 | 30 | | SECTION 1. Arkansas Code § 6 -17-422(d), concerning the membership of 28 |
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| 32 | 31 | | the Professional Licensure Standards Board, is amended to read as follows: 29 |
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| 33 | 32 | | (d)(1)(A) Each member of the Professional Licensure Standards Board 30 |
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| 34 | 33 | | shall serve a term of three (3) years. 31 |
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| 35 | 34 | | (B) The initial members shall draw lots for staggered 32 |
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| 36 | 35 | | terms. 33 |
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| 37 | 36 | | (2) The State Board of Education shall appoint any qualified 34 |
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| 38 | 37 | | person to fill a position that is vacated before the expiration of a member's 35 |
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| 39 | 38 | | term. 36 HB1941 |
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| 40 | 39 | | |
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| 42 | 41 | | (3) A member shall not serve on the Professional Licensure 1 |
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| 43 | 42 | | Standards Board more than three (3) terms. 2 |
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| 44 | 43 | | 3 |
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| 45 | 44 | | SECTION 2. Arkansas Code § 6 -17-428(b) and (c), concerning ethical 4 |
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| 46 | 45 | | violations considered by the Professional Licensure Standards Board, are 5 |
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| 47 | 46 | | amended to read as follows: 6 |
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| 48 | 47 | | (b)(1) The Professional Licensure Standards Board shall: 7 |
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| 49 | 48 | | (A) Establish procedures for: 8 |
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| 50 | 49 | | (i) Receiving and investigating an ethics complaint 9 |
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| 51 | 50 | | submitted electronically or in writing ; 10 |
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| 52 | 51 | | (ii) Enforcing the code of ethics; 11 |
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| 53 | 52 | | (iii) Granting and conducting hearings under this 12 |
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| 54 | 53 | | section; and 13 |
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| 55 | 54 | | (iv) Publicizing notifications equivalent to the 14 |
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| 56 | 55 | | recommendations for enforcement of the code of ethics; 15 |
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| 57 | 56 | | (B) Make recommendations for enforcement of : 16 |
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| 58 | 57 | | (i) Findings of fact; and 17 |
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| 59 | 58 | | (ii) Conclusions of law; 18 |
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| 60 | 59 | | (C) Impose sanctions provided in this section to enforce 19 |
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| 61 | 60 | | the code of ethics; 20 |
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| 62 | 61 | | (C)(D) Develop public notifications equivalent to the 21 |
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| 63 | 62 | | recommendations for enforcement of the code of ethics; and 22 |
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| 64 | 63 | | (D)(E) Establish an ethics subcommittee of the 23 |
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| 65 | 64 | | Professional Licensure Standards Board with equal representation of public 24 |
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| 66 | 65 | | school teachers and administrators as well as one (1) member from any other 25 |
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| 67 | 66 | | category of representation on the Professional Licensure Standards Board. 26 |
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| 68 | 67 | | (2) All rules, procedures, hearings, and appeals relating to the 27 |
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| 69 | 68 | | code of ethics complaints under this section shall be promulgated and 28 |
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| 70 | 69 | | implemented under the Arkansas Administrative Procedure Act, § 25 -15-201 et 29 |
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| 71 | 70 | | seq. 30 |
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| 72 | 71 | | (c)(1) The ethics subcommittee of the Professional Licensure Standards 31 |
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| 73 | 72 | | Board shall: 32 |
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| 74 | 73 | | (A)(i) Authorize the investigation of ethics complaints . 33 |
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| 75 | 74 | | (ii)(a) A complaint form sent via facsimile or 34 |
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| 76 | 75 | | with an electronic signature shall not be accepted. 35 |
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| 77 | 76 | | (b) A complaint form shall have the original 36 HB1941 |
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| 78 | 77 | | |
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| 80 | 79 | | signature of the complainant ; 1 |
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| 81 | 80 | | (B) Enforce the code of ethics by: 2 |
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| 82 | 81 | | (i) Making a recommendation to the State Board of 3 |
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| 83 | 82 | | Education for settlement agreement with an educator determined to have 4 |
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| 84 | 83 | | committed an ethical violation that includes one (1) or more of the following 5 |
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| 85 | 84 | | sanctions or making a recommendation to the Professional Licensure Standards 6 |
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| 86 | 85 | | Board that the ethics complaint be resolved by imposing one (1) or more of 7 |
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| 87 | 86 | | the following sanctions : 8 |
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| 88 | 87 | | (a) A written warning, a written reprimand, or 9 |
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| 89 | 88 | | the written placement of conditions or restrictions on the activities of the 10 |
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| 90 | 89 | | educator; or 11 |
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| 91 | 90 | | (b) The revocation, suspension, probation, 12 |
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| 92 | 91 | | nonrenewal, or denial of a license issued by the State Board of Education; or 13 |
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| 93 | 92 | | (ii) Issuing a private letter of caution; and 14 |
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| 94 | 93 | | (C) Dismiss an ethics complaint if it finds there is no 15 |
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| 95 | 94 | | ethics violation. 16 |
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| 96 | 95 | | (2) For a preservice teacher assigned to a public school as a 17 |
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| 97 | 96 | | student intern in a supervised field experience or supervised clinical 18 |
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| 98 | 97 | | experience, a sanction adopted by the State Board of Education may be imposed 19 |
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| 99 | 98 | | on a license when it is issued to a preservice teacher. 20 |
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| 100 | 99 | | (3) The ethics subcommittee may appoint or contract for one (1) 21 |
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| 101 | 100 | | or more persons to conduct evidentiary hearings. 22 |
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| 102 | 101 | | (4) The State Board of Education may make an informal 23 |
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| 103 | 102 | | disposition of the ethical violation by stipulation, settlement, consent 24 |
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| 104 | 103 | | order, or default. 25 |
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| 105 | 104 | | 26 |
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| 106 | 105 | | SECTION 3. Arkansas Code § 6 -17-428(i), concerning ethics complaints 27 |
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| 107 | 106 | | hearings, is amended to read as follows: 28 |
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| 108 | 107 | | (i)(1) Upon request for a hearing, the staff of the Professional 29 |
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| 109 | 108 | | Licensure Standards Board shall provide the educator with notice of the time 30 |
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| 110 | 109 | | and date of the hearing, which shall be conducted in accordance with the 31 |
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| 111 | 110 | | rules of the Professional Licensure Standards Board. 32 |
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| 112 | 111 | | (2) The educator and the Professional Licensure Standards Board 33 |
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| 113 | 112 | | may be represented by representatives of their choosing. 34 |
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| 114 | 113 | | (3) After the conclusion of a hearing, the Professional 35 |
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| 115 | 114 | | Licensure Standards Board shall enter an order that includes findings of 36 HB1941 |
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| 116 | 115 | | |
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| 118 | 117 | | fact, conclusions of law, and a decision to impose one (1) or more of the 1 |
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| 119 | 118 | | following actions: 2 |
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| 120 | 119 | | (A) Issue a public letter of warning or reprimand; 3 |
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| 121 | 120 | | (B) Place conditions or restrictions on the activities of 4 |
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| 122 | 121 | | an educator; 5 |
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| 123 | 122 | | (C) Revoke, suspend, or deny a license issued by the State 6 |
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| 124 | 123 | | Board of Education; 7 |
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| 125 | 124 | | (D) Place an educator's license on a probationary status 8 |
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| 126 | 125 | | based on conditions and time limitations set out in the order; 9 |
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| 127 | 126 | | (E) Issue a private letter of caution; or 10 |
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| 128 | 127 | | (F) Dismiss an ethics compliant if the Professional 11 |
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| 129 | 128 | | Licensure Standards Board finds there is no ethics violation. 12 |
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| 130 | 129 | | (4)(A) An educator may accept the findings and sanctions of the 13 |
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| 131 | 130 | | Professional Licensure Standards Board or appeal the matter to the State 14 |
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| 132 | 131 | | Board of Education. 15 |
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| 133 | 132 | | (B) An appeal under subdivision (i)(4)(A) of this section 16 |
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| 134 | 133 | | shall be filed with the State Board of Education not less than thirty (30) 17 |
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| 135 | 134 | | days from the date of receipt of the the Professional Licensure Standards 18 |
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| 136 | 135 | | Board's written order. 19 |
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| 137 | 136 | | (5) Unless an appeal is filed, an order issued by the 20 |
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| 138 | 137 | | Professional Licensure Standards Board under subdivision (i)(3) of this 21 |
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| 139 | 138 | | section shall be effective the earlier of: 22 |
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| 140 | 139 | | (A) The date the educator accepts the findings or 23 |
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| 141 | 140 | | sanctions in writing; or 24 |
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| 142 | 141 | | (B) Sixty (60) days after the order was transmitted to the 25 |
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| 143 | 142 | | educator. 26 |
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| 144 | 143 | | 27 |
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| 145 | 144 | | SECTION 4. Arkansas Code § 6 -17-428(q), concerning the submission of 28 |
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| 146 | 145 | | an ethics complaint, is amended to read as follows: 29 |
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| 147 | 146 | | (q) Subject to the disclosure limitations of subsections (m) and (o) 30 |
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| 148 | 147 | | of this section, the division may include on the division's public website 31 |
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| 149 | 148 | | for licensure the following information on each violation of the code of 32 |
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| 150 | 149 | | ethics by an educator whose license the State Board of Education has is 33 |
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| 151 | 150 | | suspended, revoked, denied, or not renewed based on the recommendations of 34 |
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| 152 | 151 | | the ethics subcommittee under this section: 35 |
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| 153 | 152 | | (1) The code of ethics standard that was violated; 36 HB1941 |
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| 154 | 153 | | |
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| 156 | 155 | | (2) The sanction approved by imposed by a settlement agreement, 1 |
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| 157 | 156 | | an order of the Professional Licensure Standards Board, or a final order of 2 |
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| 158 | 157 | | the State Board of Education; and 3 |
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| 159 | 158 | | (3) A copy of the settlement agreement, order of the 4 |
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| 160 | 159 | | Professional Licensure Standards Board, or final order of the State Board of 5 |
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| 161 | 160 | | Education. 6 |
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| 162 | 161 | | 7 |
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| 163 | 162 | | SECTION 5. Arkansas Code § 6 -17-1113(f), concerning the School Worker 8 |
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| 164 | 163 | | Defense Program, is amended to read as follows: 9 |
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| 165 | 164 | | (f) Any person entitled to payment under the School Worker Defense 10 |
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| 166 | 165 | | Program may appeal the decision of the division to the advisory board The 11 |
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| 167 | 166 | | division may promulgate rules to implement this section . 12 |
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| 168 | 167 | | 13 |
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| 169 | 168 | | SECTION 6. Arkansas Code § 6 -17-1118 is repealed. 14 |
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| 170 | 169 | | 6-17-1118. School Worker Defense Program Advisory Board. 15 |
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| 171 | 170 | | (a) The School Worker Defense Program Advisory Board is created. The 16 |
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| 172 | 171 | | board shall be composed of seven (7) members as follows: 17 |
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| 173 | 172 | | (1) The Executive Director of the Arkansas Association of 18 |
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| 174 | 173 | | Educational Administrators or his or her designee; 19 |
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| 175 | 174 | | (2) The Executive Director of the Arkansas Rural Ed Association 20 |
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| 176 | 175 | | or his or her designee; 21 |
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| 177 | 176 | | (3) The Executive Director of the Arkansas School Boards 22 |
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| 178 | 177 | | Association or his or her designee; 23 |
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| 179 | 178 | | (4) The Executive Director of the Arkansas Education Association 24 |
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| 180 | 179 | | or his or her designee; 25 |
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| 181 | 180 | | (5) The designee of the Attorney General; 26 |
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| 182 | 181 | | (6) The Secretary of the Department of Finance and 27 |
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| 183 | 182 | | Administration or his or her designee; and 28 |
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| 184 | 183 | | (7)(A) The Commissioner of Elementary and Secondary Education or 29 |
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| 185 | 184 | | his or her designee. 30 |
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| 186 | 185 | | (B) Provided, however, no employee of the Division of 31 |
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| 187 | 186 | | Elementary and Secondary Education who is charged with administering the 32 |
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| 188 | 187 | | defense fund and protection program shall be eligible to serve as the 33 |
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| 189 | 188 | | designee of the commissioner. 34 |
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| 190 | 189 | | (b) Members of the board shall biannually elect a chair, a vice chair, 35 |
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| 191 | 190 | | and a secretary from the membership of the board, whose duties shall be those 36 HB1941 |
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| 192 | 191 | | |
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| 194 | 193 | | customarily exercised by those officers or specifically designated by the 1 |
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| 195 | 194 | | board. 2 |
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| 196 | 195 | | (c)(1) The board shall meet within the State of Arkansas and may meet 3 |
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| 197 | 196 | | as often as it deems necessary for the purpose of carrying out its duties 4 |
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| 198 | 197 | | under the provisions of this section. 5 |
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| 199 | 198 | | (2) A majority of the members of the board shall constitute a 6 |
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| 200 | 199 | | quorum for the purpose of a meeting. 7 |
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| 201 | 200 | | (d)(1) The board shall have final authority to hear and adjudicate any 8 |
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| 202 | 201 | | appeal filed by a school worker for protection against liability pursuant to 9 |
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| 203 | 202 | | § 6-17-1113. 10 |
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| 204 | 203 | | (2) In an emergency situation, the chair of the board may 11 |
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| 205 | 204 | | approve payment of a claim without a meeting of the board. 12 |
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| 206 | 205 | | (e)(1) The Division of Elementary and Secondary Education may 13 |
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| 207 | 206 | | promulgate rules as necessary for the proper administration of this section 14 |
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| 208 | 207 | | to establish the board. 15 |
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| 209 | 208 | | (2) The Division of Elementary and Secondary Education shall 16 |
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| 210 | 209 | | provide support staff for the board. 17 |
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| 211 | 210 | | 18 |
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| 212 | 211 | | SECTION 7. Arkansas Code § 6 -20-2513 is amended to read as follows: 19 |
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| 213 | 212 | | 6-20-2513. Appeals. 20 |
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| 214 | 213 | | (a)(1) A public school district may appeal : 21 |
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| 215 | 214 | | (1) A a determination of the Division of Public School Academic 22 |
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| 216 | 215 | | Facilities and Transportation under this subchapter to the Academic 23 |
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| 217 | 216 | | Facilities Review Board in accordance with procedures developed by the board 24 |
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| 218 | 217 | | under § 6-20-2516; and 25 |
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| 219 | 218 | | (2)(A) A decision of the board to the Commission for Arkansas 26 |
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| 220 | 219 | | Public School Academic Facilities and Transportation in accordance with 27 |
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| 221 | 220 | | procedures developed by the commission. 28 |
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| 222 | 221 | | (B)(2) The public school district shall provide to the board 29 |
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| 223 | 222 | | division a copy of the request for appeal when it files the request with the 30 |
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| 224 | 223 | | commission. 31 |
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| 225 | 224 | | (b) All decisions of the commission resulting from a public school 32 |
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| 226 | 225 | | district's appeal of a decision determination of the board division under 33 |
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| 227 | 226 | | this subchapter shall be final and shall not be subject to further appeal or 34 |
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| 228 | 227 | | request for rehearing to the commission or petition for judicial review under 35 |
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| 229 | 228 | | the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 36 HB1941 |
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| 230 | 229 | | |
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| 232 | 231 | | 1 |
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| 233 | 232 | | SECTION 8. Arkansas Code § 6 -20-2516 is repealed. 2 |
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| 234 | 233 | | 6-20-2516. Academic Facilities Review Board. 3 |
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| 235 | 234 | | (a) There is established the Academic Facilities Review Board to hear 4 |
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| 236 | 235 | | the appeal filed by a public school district under § 6 -20-2513(a) of a 5 |
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| 237 | 236 | | determination of the Division of Public School Academic Facilities and 6 |
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| 238 | 237 | | Transportation. 7 |
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| 239 | 238 | | (b)(1) The board is composed of five (5) members appointed by the 8 |
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| 240 | 239 | | Governor and subject to confirmation of the Senate as follows: 9 |
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| 241 | 240 | | (A)(i) One (1) member who is a licensed building 10 |
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| 242 | 241 | | contractor with five (5) years or more of experience in public school 11 |
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| 243 | 242 | | construction. 12 |
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| 244 | 243 | | (ii) The Governor shall consult the Arkansas chapter 13 |
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| 245 | 244 | | of the Associated General Contractors of America before making an appointment 14 |
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| 246 | 245 | | under subdivision (b)(1)(A)(i) of this section; 15 |
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| 247 | 246 | | (B)(i) One (1) member who is a registered architect with 16 |
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| 248 | 247 | | at least five (5) years of experience in public school design. 17 |
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| 249 | 248 | | (ii) The Governor shall consult The Arkansas 18 |
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| 250 | 249 | | Chapter, the American Institute of Architects before making an appointment 19 |
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| 251 | 250 | | under subdivision (b)(1)(B)(i) of this section; 20 |
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| 252 | 251 | | (C)(i) One (1) member who is a licensed or registered 21 |
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| 253 | 252 | | engineer with at least five (5) years of experience in public school 22 |
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| 254 | 253 | | construction. 23 |
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| 255 | 254 | | (ii) The Governor shall consult the American Council 24 |
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| 256 | 255 | | of Engineering Companies of Arkansas and The Arkansas Society of Professional 25 |
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| 257 | 256 | | Engineers before making an appointment under subdivision (b)(1)(C)(i) of this 26 |
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| 258 | 257 | | section; and 27 |
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| 259 | 258 | | (D)(i) Two (2) members who are selected from the public at 28 |
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| 260 | 259 | | large. 29 |
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| 261 | 260 | | (ii) The Governor shall consult the Arkansas 30 |
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| 262 | 261 | | Association of Educational Administrators and the Arkansas School Boards 31 |
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| 263 | 262 | | Association before making an appointment under subdivision (b)(1)(D)(i) of 32 |
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| 264 | 263 | | this section. 33 |
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| 265 | 264 | | (2) A member of the board shall be a resident of this state at 34 |
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| 266 | 265 | | the time of appointment and throughout the member's term. 35 |
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| 267 | 266 | | (3) A member of the Commission for Arkansas Public School 36 HB1941 |
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| 268 | 267 | | |
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| 270 | 269 | | Academic Facilities and Transportation shall not serve as a member of the 1 |
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| 271 | 270 | | commission while serving as a member of the board. 2 |
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| 272 | 271 | | (c)(1)(A) Each member of the board shall serve a term of three (3) 3 |
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| 273 | 272 | | years. 4 |
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| 274 | 273 | | (B) The initial members shall draw lots for staggered 5 |
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| 275 | 274 | | terms. 6 |
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| 276 | 275 | | (2) The Governor shall appoint any qualified person to fill a 7 |
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| 277 | 276 | | position that is vacated before the expiration of a member's term. 8 |
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| 278 | 277 | | (d)(1) The Governor shall designate one (1) member to serve as chair 9 |
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| 279 | 278 | | of the board at its organizational meeting. 10 |
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| 280 | 279 | | (2) The chair or the chair's designee shall call an 11 |
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| 281 | 280 | | organizational meeting within twenty (20) calendar days after the Governor 12 |
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| 282 | 281 | | has appointed all members of the initial board. 13 |
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| 283 | 282 | | (3) At the organizational meeting, the members of the board 14 |
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| 284 | 283 | | shall elect a chair, who shall serve as chair for one (1) year. 15 |
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| 285 | 284 | | (4) Annually after the organizational meeting, the board shall 16 |
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| 286 | 285 | | elect a new chair. 17 |
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| 287 | 286 | | (e)(1) The board shall meet upon the call of the chair when a hearing 18 |
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| 288 | 287 | | is requested by a public school district, but a meeting shall not be held 19 |
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| 289 | 288 | | outside of this state. 20 |
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| 290 | 289 | | (2) All action of the board shall be by a majority vote of the 21 |
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| 291 | 290 | | quorum present at a meeting. 22 |
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| 292 | 291 | | (3) A majority of the members of the board shall constitute a 23 |
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| 293 | 292 | | quorum for the purpose of transacting business. 24 |
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| 294 | 293 | | (f) The Division of Elementary and Secondary Education shall provide 25 |
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| 295 | 294 | | staff support for the board's activities. 26 |
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| 296 | 295 | | (g)(1) Members of the board shall serve without pay. 27 |
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| 297 | 296 | | (2) Members of the board may receive expense reimbursement in 28 |
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| 298 | 297 | | accordance with § 25 -16-902, to be paid by the Division of Elementary and 29 |
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| 299 | 298 | | Secondary Education to the extent money is available for that purpose. 30 |
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| 300 | 299 | | (h) The board shall establish policies and procedures for conducting 31 |
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| 301 | 300 | | hearings and appeals. 32 |
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| 302 | 301 | | (i)(1) Following the hearing at which all testimony and evidence are 33 |
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| 303 | 302 | | presented, the board shall make a final determination accepting, rejecting, 34 |
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| 304 | 303 | | or modifying the determination of the Division of Public School Academic 35 |
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| 305 | 304 | | Facilities and Transportation. 36 HB1941 |
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| 306 | 305 | | |
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| 308 | 307 | | (2) Within ten (10) business days, the board shall provide to 1 |
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| 309 | 308 | | the appellant public school district and to the Division of Public School 2 |
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| 310 | 309 | | Academic Facilities and Transportation a notice of the board's final 3 |
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| 311 | 310 | | determination. 4 |
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| 312 | 311 | | (3)(A) If the board's final determination will result in a 5 |
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| 313 | 312 | | greater level of state financial participation in a project than previously 6 |
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| 314 | 313 | | authorized by the Division of Public School Academic Facilities and 7 |
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| 315 | 314 | | Transportation, the board's final determination shall be reviewed by the 8 |
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| 316 | 315 | | commission in accordance with procedures developed by the commission. 9 |
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| 317 | 316 | | (B) A decision of the commission resulting from a review 10 |
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| 318 | 317 | | of a decision of the board under this section is final and is not subject to: 11 |
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| 319 | 318 | | (i) Further appeal to the commission; 12 |
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| 320 | 319 | | (ii) Request for rehearing by the commission; or 13 |
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| 321 | 320 | | (iii) Petition for judicial review under the 14 |
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| 322 | 321 | | Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 15 |
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| 323 | 322 | | 16 |
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| 324 | 323 | | SECTION 9. Arkansas Code § 6 -21-114(a), concerning the membership of 17 |
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| 325 | 324 | | the Commission for Arkansas Public School Academic Facilities and 18 |
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| 326 | 325 | | Transportation, is amended to read as follows: 19 |
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| 327 | 326 | | (a) There is created the Commission for Arkansas Public School 20 |
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| 328 | 327 | | Academic Facilities and Transportation, which shall consist of the following: 21 |
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| 329 | 328 | | (1) The Secretary of the Department of Finance and 22 |
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| 330 | 329 | | Administration, or his or her designee ; 23 |
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| 331 | 330 | | (2) The Commissioner of Elementary and Secondary Education , or 24 |
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| 332 | 331 | | his or her designee; and 25 |
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| 333 | 332 | | (3) The President of the Arkansas Development Finance Authority , 26 |
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| 334 | 333 | | or his or her designee . 27 |
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| 335 | 334 | | 28 |
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| 336 | 335 | | 29 |
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