| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | Stricken language would be deleted from and underlined language would be added to present law. | |
| 2 | - | Act 116 of the Regular Session | |
| 3 | - | *JLL011* 02-03-2025 09:30:55 JLL011 | |
| 4 | - | ||
| 5 | - | State of Arkansas As Engrossed: S1/21/25 H2/3/25 1 | |
| 2 | + | *JLL011* 11/20/2024 7:42:04 AM JLL011 | |
| 3 | + | State of Arkansas 1 | |
| 6 | 4 | 95th General Assembly A Bill 2 | |
| 7 | 5 | Regular Session, 2025 SENATE BILL 3 3 | |
| 8 | 6 | 4 | |
| 9 | 7 | By: Senator D. Sullivan 5 | |
| 10 | - | ||
| 8 | + | 6 | |
| 11 | 9 | 7 | |
| 12 | 10 | For An Act To Be Entitled 8 | |
| 13 | 11 | AN ACT TO PROHIBIT DISCRIMINATION OR PREFERENTIAL 9 | |
| 14 | 12 | TREATMENT BY THE STATE OF ARKANSAS AND OTHER PUBLIC 10 | |
| 15 | 13 | ENTITIES; AND FOR OTHER PURPOSES. 11 | |
| 16 | 14 | 12 | |
| 17 | 15 | 13 | |
| 18 | 16 | Subtitle 14 | |
| 19 | 17 | TO PROHIBIT DISCRIMINATION OR 15 | |
| 20 | 18 | PREFERENTIAL TREATMENT BY THE STATE OF 16 | |
| 21 | 19 | ARKANSAS AND OTHER PUBLIC ENTITIES. 17 | |
| 22 | 20 | 18 | |
| 23 | 21 | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 | |
| 24 | 22 | 20 | |
| 25 | 23 | SECTION 1. DO NOT CODIFY. Legislative intent. 21 | |
| 26 | 24 | (a) The General Assembly intends for this act to prohibit 22 | |
| 27 | 25 | discrimination by public entities on the basis of race, sex, color, 23 | |
| 28 | 26 | ethnicity, or national origin. 24 | |
| 29 | 27 | (b) The General Assembly does not intend for this act to affect any 25 | |
| 30 | 28 | preferences provided to veterans under the law based on their status as a 26 | |
| 31 | 29 | veteran. 27 | |
| 32 | 30 | 28 | |
| 33 | 31 | SECTION 2. Arkansas Code § 3 -4-223 is amended to read as follows: 29 | |
| 34 | 32 | 3-4-223. Diversity in ownership and financial interest. 30 | |
| 35 | 33 | When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic 31 | |
| 36 | 34 | Beverage Control Division shall consider lack of diversity in ownership and 32 | |
| 37 | - | financial interest in the geographic area at issue in the permit application 33 | |
| 38 | - | the benefit of competition to consumers . 34 | |
| 39 | - | 35 | |
| 40 | - | SECTION 3. Arkansas Code § 6 -10-111 is amended to read as follows: 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 35 | + | financial interest in the geographic area at issue in the permit application 33 SB3 | |
| 41 | 36 | ||
| 42 | - | 2 02-03-2025 09:30:55 JLL011 | |
| 37 | + | 2 11/20/2024 7:42:04 AM | |
| 38 | + | the benefit of competition to consumers . 1 | |
| 39 | + | 2 | |
| 40 | + | SECTION 3. Arkansas Code § 6 -10-111 is amended to read as follows: 3 | |
| 41 | + | 6-10-111. Equity Equality Assistance Center. 4 | |
| 42 | + | (a) The Division of Elementary and Secondary Education is authorized 5 | |
| 43 | + | to establish a special section within its organization, to be known as the 6 | |
| 44 | + | Equity Equality Assistance Center, designed to provide assistance to the 7 | |
| 45 | + | school districts of the state in such activities as affirmative action, 8 | |
| 46 | + | program accessibility, human relations, awareness, and desegregation and 9 | |
| 47 | + | nondiscrimination. 10 | |
| 48 | + | (b) This assistance shall include on -site visits, workshops, program 11 | |
| 49 | + | review, and any other special activity which might enable the school 12 | |
| 50 | + | districts of the state to more effectively meet their civil rights 13 | |
| 51 | + | desegregation and nondiscrimination responsibilities. 14 | |
| 52 | + | (c)(1) The center created by this section shall be the liaison for the 15 | |
| 53 | + | division with the United States Office for Civil Rights. 16 | |
| 54 | + | (2) The center shall maintain manuals, guidelines, procedures, 17 | |
| 55 | + | and other informational materials setting requirements in the area of civil 18 | |
| 56 | + | rights desegregation and nondiscrimination and describing how determination 19 | |
| 57 | + | of compliance is made. 20 | |
| 58 | + | (d) Annually, each local school district in the state shall provide 21 | |
| 59 | + | the center assurances of compliance with civil rights desegregation and 22 | |
| 60 | + | nondiscrimination responsibilities in the form and at the time as is 23 | |
| 61 | + | designated by the Commissioner of Elementary and Secondary Education. 24 | |
| 62 | + | (e) The division may withhold state aid from any school district that 25 | |
| 63 | + | fails to file its assurance of compliance with civil rights desegregation and 26 | |
| 64 | + | nondiscrimination responsibilities by October 15 each year or fails to file 27 | |
| 65 | + | any other information with a published deadline requested from school 28 | |
| 66 | + | districts by the center so long as thirty (30) calendar days are given 29 | |
| 67 | + | between the request for the information and the published deadline, except 30 | |
| 68 | + | that thirty (30) days notice shall not be required when the request comes 31 | |
| 69 | + | from a member or committee of the General Assembly. 32 SB3 | |
| 43 | 70 | ||
| 71 | + | 3 11/20/2024 7:42:04 AM | |
| 72 | + | (f) The division is authorized to develop forms and promulgate 1 | |
| 73 | + | appropriate rules and procedures as may be required to implement the 2 | |
| 74 | + | provisions of this section. 3 | |
| 75 | + | 4 | |
| 76 | + | SECTION 4. Arkansas Code § 6 -15-202(f)(1), concerning school 5 | |
| 77 | + | accreditation, development of rules, criteria, and standards, is amended to 6 | |
| 78 | + | read as follows: 7 | |
| 79 | + | (1) Section 6-10-111(d)-(f) concerning the Equity Equality 8 | |
| 80 | + | Assistance Center; 9 | |
| 81 | + | 10 | |
| 82 | + | SECTION 5. Arkansas Code Title 6, Chapter 17, Subchapter 19, is 11 | |
| 83 | + | repealed. 12 | |
| 84 | + | 6-17-1901. Teacher and administrator recruitment and retention plan. 13 | |
| 85 | + | (a) By August 1, 2022, each public school district and open -enrollment 14 | |
| 86 | + | public charter school in the state shall prepare a three -year teacher and 15 | |
| 87 | + | administrator recruitment and retention plan. 16 | |
| 88 | + | (b) The plan shall set forth goals for: 17 | |
| 89 | + | (1) The recruitment and retention of teachers and administrators 18 | |
| 90 | + | of minority races and ethnicities who increase diversity among the district 19 | |
| 91 | + | staff and, at a minimum, reflect the racial and ethnic diversity of the 20 | |
| 92 | + | district's students; and 21 | |
| 93 | + | (2) Increasing the number of students who pursue careers in 22 | |
| 94 | + | education with an emphasis on students of minority races and ethnicities. 23 | |
| 95 | + | (c) A school district shall review annually the: 24 | |
| 96 | + | (1) Recruitment and retention plan; and 25 | |
| 97 | + | (2) Progress of the school district in meeting the goals 26 | |
| 98 | + | established pursuant to subsection (b) of this section. 27 | |
| 99 | + | (d) The plan shall be: 28 | |
| 100 | + | (1) Updated annually; and 29 SB3 | |
| 44 | 101 | ||
| 45 | - | 6-10-111. Equity Equality Assistance Center. 1 | |
| 46 | - | (a) The Division of Elementary and Secondary Education is authorized 2 | |
| 47 | - | to establish a special section within its organization, to be known as the 3 | |
| 48 | - | Equity Equality Assistance Center, designed to provide assistance to the 4 | |
| 49 | - | school districts of the state in such activities as affirmative action, 5 | |
| 50 | - | program accessibility, human relations, awareness, and desegregation and 6 | |
| 51 | - | nondiscrimination. 7 | |
| 52 | - | (b) This assistance shall include on -site visits, workshops, program 8 | |
| 53 | - | review, and any other special activity which might enable the school 9 | |
| 54 | - | districts of the state to more effectively meet their civil rights 10 | |
| 55 | - | desegregation and nondiscrimination responsibilities. 11 | |
| 56 | - | (c)(1) The center created by this section shall be the liaison for the 12 | |
| 57 | - | division with the United States Office for Civil Rights. 13 | |
| 58 | - | (2) The center shall maintain manuals, guidelines, procedures, 14 | |
| 59 | - | and other informational materials setting requirements in the area of civil 15 | |
| 60 | - | rights desegregation and nondiscrimination and describing how determination 16 | |
| 61 | - | of compliance is made. 17 | |
| 62 | - | (d) Annually, each local school district in the state shall provide 18 | |
| 63 | - | the center assurances of compliance with civil rights desegregation and 19 | |
| 64 | - | nondiscrimination responsibilities in the form and at the time as is 20 | |
| 65 | - | designated by the Commissioner of Elementary and Secondary Education. 21 | |
| 66 | - | (e) The division may withhold state aid from any school district that 22 | |
| 67 | - | fails to file its assurance of compliance with civil rights desegregation and 23 | |
| 68 | - | nondiscrimination responsibilities by October 15 each year or fails to file 24 | |
| 69 | - | any other information with a published deadline requested from school 25 | |
| 70 | - | districts by the center so long as thirty (30) calendar days are given 26 | |
| 71 | - | between the request for the information and the published deadline, except 27 | |
| 72 | - | that thirty (30) days notice shall not be required when the request comes 28 | |
| 73 | - | from a member or committee of the General Assembly. 29 | |
| 74 | - | (f) The division is authorized to develop forms and promulgate 30 | |
| 75 | - | appropriate rules and procedures as may be required to implement the 31 | |
| 76 | - | provisions of this section. 32 | |
| 77 | - | 33 | |
| 78 | - | SECTION 4. Arkansas Code § 6 -15-202(f)(1), concerning school 34 | |
| 79 | - | accreditation, development of rules, criteria, and standards, is amended to 35 | |
| 80 | - | read as follows: 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 102 | + | 4 11/20/2024 7:42:04 AM | |
| 103 | + | (2) Posted on the school district's or open -enrollment public 1 | |
| 104 | + | charter school's website no later than August 1 of each year. 2 | |
| 105 | + | 3 | |
| 106 | + | 6-17-1902. Equity Assistance Center — Coordination and contents of 4 | |
| 107 | + | plan. 5 | |
| 108 | + | (a) The Equity Assistance Center shall provide technical assistance, 6 | |
| 109 | + | guidance, and support to public school districts and public open -enrollment 7 | |
| 110 | + | charter schools in developing recruitment and retention plans and setting and 8 | |
| 111 | + | meeting annual goals. 9 | |
| 112 | + | (b)(1) Each public school district and open -enrollment public charter 10 | |
| 113 | + | school shall designate an employee to coordinate the implementation and 11 | |
| 114 | + | review of the public school district's and open -enrollment public charter 12 | |
| 115 | + | school's recruitment and retention plan. 13 | |
| 116 | + | (2) The designated equity assistance coordinator in each public 14 | |
| 117 | + | school district and open -enrollment public charter school may serve as the 15 | |
| 118 | + | coordinator of the public school district's and open -enrollment public 16 | |
| 119 | + | charter school's recruitment and retention plan. 17 | |
| 120 | + | (c) The teacher and administrator recruitment and retention plan shall 18 | |
| 121 | + | include, but not be limited to, the following information: 19 | |
| 122 | + | (1) The annual goals of the public school district or open -20 | |
| 123 | + | enrollment public charter school established pursuant to § 6 -17-1901(b); 21 | |
| 124 | + | (2) The actions and steps the public school district or open -22 | |
| 125 | + | enrollment public charter school has taken and will take to meet each of the 23 | |
| 126 | + | public school district's and open -enrollment public charter school's goals; 24 | |
| 127 | + | (3) The progress of the public school district or open -25 | |
| 128 | + | enrollment public charter school in meeting each of the public school 26 | |
| 129 | + | district's and open-enrollment public charter school's goals; 27 | |
| 130 | + | (4) The evaluative methods the public school district or open-28 | |
| 131 | + | enrollment public charter school will use to measure progress towards meeting 29 | |
| 132 | + | the public school district's or open -enrollment public charter school's 30 | |
| 133 | + | goals; 31 SB3 | |
| 81 | 134 | ||
| 82 | - | 3 02-03-2025 09:30:55 JLL011 | |
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| 136 | + | (5) If the public school district or open -enrollment public 1 | |
| 137 | + | charter school did not meet the public school district's or open -enrollment 2 | |
| 138 | + | public charter school's goals for the previous reporting period, the public 3 | |
| 139 | + | school district or open -enrollment public charter school shall state the 4 | |
| 140 | + | reasons for not meeting the goals and the steps the public school district or 5 | |
| 141 | + | open-enrollment public charter school will take to overcome the reasons for 6 | |
| 142 | + | not meeting the goals; 7 | |
| 143 | + | (6) The steps the public school district or open -enrollment 8 | |
| 144 | + | public charter school will take to encourage students to pursue a career in 9 | |
| 145 | + | education, including steps specific to students of minority races and 10 | |
| 146 | + | ethnicities; 11 | |
| 147 | + | (7) Public school district or open -enrollment public charter 12 | |
| 148 | + | school teacher and administrator recruitment and retention data to show the: 13 | |
| 149 | + | (A) Racial and ethnic composition of teachers and 14 | |
| 150 | + | administrators employed by the public school district or open -enrollment 15 | |
| 151 | + | public charter school for each of the previous three (3) years; and 16 | |
| 152 | + | (B) Effectiveness of the plan; and 17 | |
| 153 | + | (8) The racial and ethnic composition of the student body and 18 | |
| 154 | + | the racial and ethnic composition of the residents of the public school 19 | |
| 155 | + | district or open-enrollment public charter school. 20 | |
| 156 | + | (d) The State Board of Education may promulgate rules necessary for 21 | |
| 157 | + | implementation of this subchapter. 22 | |
| 158 | + | 23 | |
| 159 | + | 6-17-1903. Department of Education — Minority Teacher and Administrator 24 | |
| 160 | + | Preparation and Recruitment Strategic Plan. 25 | |
| 161 | + | (a)(1) The Department of Education shall set goals for increasing the 26 | |
| 162 | + | number of teachers and administrators of minority races and ethnicities in 27 | |
| 163 | + | this state. 28 | |
| 164 | + | (2)(A) The Division of Higher Education shall collaborate with 29 | |
| 165 | + | the State Board of Education, local universities, colleges, public school 30 | |
| 166 | + | districts, and open-enrollment public charter schools to develop a strategic 31 SB3 | |
| 83 | 167 | ||
| 168 | + | 6 11/20/2024 7:42:04 AM | |
| 169 | + | plan for increasing the number of teachers and administrators of minority 1 | |
| 170 | + | races and ethnicities in this state. 2 | |
| 171 | + | (B) The Minority Teacher and Administrator Preparation and 3 | |
| 172 | + | Recruitment Strategic Plan shall include without limitation recommendations 4 | |
| 173 | + | to institutions with educator preparation programs on ways to: 5 | |
| 174 | + | (i) Identify methods for increasing the percentage 6 | |
| 175 | + | of teachers and administrators of minority races and ethnicities in 7 | |
| 176 | + | proportion to the number of students of minority races and ethnicities in 8 | |
| 177 | + | this state; and 9 | |
| 178 | + | (ii) Establish programs to identify and recruit 10 | |
| 179 | + | individuals of minority races and ethnicities who have already earned college 11 | |
| 180 | + | degrees in other job fields to become teachers and administrators. 12 | |
| 181 | + | (b) The division shall: 13 | |
| 182 | + | (1) Promote educator preparation programs that increase the 14 | |
| 183 | + | percentage of individuals of minority races and ethnicities who enter and 15 | |
| 184 | + | successfully complete a four -year educator preparatory program and provide 16 | |
| 185 | + | support to students of minority races and ethnicities who meet the 17 | |
| 186 | + | requirements for entering educator preparation programs; and 18 | |
| 187 | + | (2) Submit a report no later than July 1, 2022, and every two 19 | |
| 188 | + | (2) years following to the House Committee on Education and the Senate 20 | |
| 189 | + | Committee on Education. 21 | |
| 190 | + | 22 | |
| 191 | + | SECTION 6. Arkansas Code § 6 -60-703(b)(3), concerning the 23 | |
| 192 | + | Comprehensive Arkansas Higher Education Annual Report, is repealed. 24 | |
| 193 | + | (3) Every five (5) years, beginning in 2015: 25 | |
| 194 | + | (A) Minority retention plans, § 6 -61-122; and 26 | |
| 195 | + | (B) Affirmative action program plans, § 6 -63-103(c). 27 | |
| 196 | + | 28 | |
| 197 | + | SECTION 7. Arkansas Code §§ 6 -61-121 and 6-61-122 are repealed. 29 SB3 | |
| 84 | 198 | ||
| 85 | - | (1) Section 6-10-111(d)-(f) concerning the Equity Equality 1 | |
| 86 | - | Assistance Center; 2 | |
| 87 | - | 3 | |
| 88 | - | SECTION 5. Arkansas Code Title 6, Chapter 17, Subchapter 19, is 4 | |
| 89 | - | repealed. 5 | |
| 90 | - | 6-17-1901. Teacher and administrator recruitment and retention plan. 6 | |
| 91 | - | (a) By August 1, 2022, each public school district and open -enrollment 7 | |
| 92 | - | public charter school in the state shall prepare a three -year teacher and 8 | |
| 93 | - | administrator recruitment and retention plan. 9 | |
| 94 | - | (b) The plan shall set forth goals for: 10 | |
| 95 | - | (1) The recruitment and retention of teachers and administrators 11 | |
| 96 | - | of minority races and ethnicities who increase diversity among the district 12 | |
| 97 | - | staff and, at a minimum, reflect the racial and ethnic diversity of the 13 | |
| 98 | - | district's students; and 14 | |
| 99 | - | (2) Increasing the number of students who pursue careers in 15 | |
| 100 | - | education with an emphasis on students of minority races and ethnicities. 16 | |
| 101 | - | (c) A school district shall review annually the: 17 | |
| 102 | - | (1) Recruitment and retention plan; and 18 | |
| 103 | - | (2) Progress of the school district in meeting the goals 19 | |
| 104 | - | established pursuant to subsection (b) of this section. 20 | |
| 105 | - | (d) The plan shall be: 21 | |
| 106 | - | (1) Updated annually; and 22 | |
| 107 | - | (2) Posted on the school district's or open -enrollment public 23 | |
| 108 | - | charter school's website no later than August 1 of each year. 24 | |
| 199 | + | 7 11/20/2024 7:42:04 AM | |
| 200 | + | 6-61-121. Higher education minority retention programs — Definition. 1 | |
| 201 | + | For purposes of this section and § 6 -61-122, the term “minority” refers 2 | |
| 202 | + | to African-Americans, Hispanic Americans, Asian Americans, and Native 3 | |
| 203 | + | Americans. 4 | |
| 204 | + | 5 | |
| 205 | + | 6-61-122. Higher education minority retention programs — Establishment 6 | |
| 206 | + | — Reports. 7 | |
| 207 | + | (a) All state-supported colleges and universities shall establish a 8 | |
| 208 | + | program for the retention of blacks and other members of minority groups as 9 | |
| 209 | + | students, faculty, and staff. Retention action plans shall be prepared on a 10 | |
| 210 | + | continuing basis for future five -year periods. 11 | |
| 211 | + | (b) Each state-supported college and university shall annually prepare 12 | |
| 212 | + | a progress report on the steps that have been taken to reach the goals of the 13 | |
| 213 | + | plan. The report shall include information relative to students, faculty, and 14 | |
| 214 | + | staff within the institution. 15 | |
| 215 | + | (c) Copies of each institution's five -year plan and annual report 16 | |
| 216 | + | shall be filed by June 30 with the Division of Higher Education, the board of 17 | |
| 217 | + | trustees of the institution, the House Committee on Education and the Senate 18 | |
| 218 | + | Committee on Education, and the board of visitors of the institution, if 19 | |
| 219 | + | applicable. 20 | |
| 220 | + | (d) The division shall develop appropriate forms for reporting and 21 | |
| 221 | + | shall monitor the retention plans and annual reports. 22 | |
| 222 | + | (e) In carrying out the retention action plans, each institution shall 23 | |
| 223 | + | provide for a part-time or full-time employee by reassignment, appointment, 24 | |
| 224 | + | or employment to assist the institution in the retention of blacks and 25 | |
| 225 | + | members of other minority groups for faculty and staff positions. 26 | |
| 226 | + | 27 | |
| 227 | + | SECTION 8. Arkansas Code § 6 -63-103 is repealed. 28 | |
| 228 | + | 6-63-103. Affirmative action programs — Plans — Annual reports. 29 | |
| 229 | + | (a)(1) Each state-supported institution of higher education shall 30 SB3 | |
| 230 | + | ||
| 231 | + | 8 11/20/2024 7:42:04 AM | |
| 232 | + | prepare an affirmative action program for the recruitment of African -1 | |
| 233 | + | Americans and other members of minorities for faculty and staff positions and 2 | |
| 234 | + | for enrollment as students. 3 | |
| 235 | + | (2) Affirmative action plans shall be prepared on a continuing 4 | |
| 236 | + | basis for future five -year periods. 5 | |
| 237 | + | (b)(1) Each state-supported institution of higher education shall 6 | |
| 238 | + | prepare annually a summary report on the steps that have been taken to reach 7 | |
| 239 | + | the goals of the plan. 8 | |
| 240 | + | (2) The report shall: 9 | |
| 241 | + | (A) Include information on the progress made by each 10 | |
| 242 | + | institution for the various levels of employment within the institution; and 11 | |
| 243 | + | (B) Be presented in a table format limited to no more than 12 | |
| 244 | + | five (5) pages. 13 | |
| 245 | + | (c) Copies of the five -year plan and annual reports summaries of each 14 | |
| 246 | + | institution of higher education shall be included in the Comprehensive 15 | |
| 247 | + | Arkansas Higher Education Annual Report, filed with the Governor, the 16 | |
| 248 | + | Division of Higher Education, the president and board of trustees of the 17 | |
| 249 | + | institution, the board of visitors of the institution, if applicable, and the 18 | |
| 250 | + | House Committee on Education and the Senate Committee on Education. 19 | |
| 251 | + | (d) In carrying out the affirmative action plans, each institution of 20 | |
| 252 | + | higher education shall provide for a part -time or full-time employee to 21 | |
| 253 | + | assist the institution in the recruitment of African -Americans and other 22 | |
| 254 | + | members of minorities for faculty and staff positions and for enrollment as 23 | |
| 255 | + | students. 24 | |
| 109 | 256 | 25 | |
| 110 | - | 6-17-1902. Equity Assistance Center — Coordination and contents of 26 | |
| 111 | - | plan. 27 | |
| 112 | - | (a) The Equity Assistance Center shall provide technical assistance, 28 | |
| 113 | - | guidance, and support to public school districts and public open -enrollment 29 | |
| 114 | - | charter schools in developing recruitment and retention plans and setting and 30 | |
| 115 | - | meeting annual goals. 31 | |
| 116 | - | (b)(1) Each public school district and open -enrollment public charter 32 | |
| 117 | - | school shall designate an employee to coordinate the implementation and 33 | |
| 118 | - | review of the public school district's and open -enrollment public charter 34 | |
| 119 | - | school's recruitment and retention plan. 35 | |
| 120 | - | (2) The designated equity assistance coordinator in each public 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 257 | + | SECTION 9. Arkansas Code § 6 -82-1501 is amended to read as follows: 26 | |
| 258 | + | 6-82-1501. Title. 27 | |
| 259 | + | This subchapter shall be known and may be cited as the “Arkansas 28 | |
| 260 | + | Geographical Critical Needs Minority Teacher Scholarship Program Act of 29 | |
| 261 | + | 2001”. 30 SB3 | |
| 121 | 262 | ||
| 122 | - | 4 02-03-2025 09:30:55 JLL011 | |
| 263 | + | 9 11/20/2024 7:42:04 AM | |
| 264 | + | 1 | |
| 265 | + | SECTION 10. Arkansas Code § 6 -82-1502 is amended to read as follows: 2 | |
| 266 | + | 6-82-1502. Program established — Purpose — Effect. 3 | |
| 267 | + | (a) There is established the Critical Needs Minority Teacher 4 | |
| 268 | + | Scholarship Program. 5 | |
| 269 | + | (b) The purpose of the program is to attract qualified minority 6 | |
| 270 | + | teachers to the Delta and those geographical areas of the state where there 7 | |
| 271 | + | exists a critical shortage of teachers by awarding scholarships to minorities 8 | |
| 272 | + | individuals declaring an intention to serve in the teaching field who 9 | |
| 273 | + | actually render service to this state while possessing an appropriate 10 | |
| 274 | + | teaching license. 11 | |
| 275 | + | (c) This subchapter does not affect any preference given to veterans 12 | |
| 276 | + | in public education. 13 | |
| 277 | + | 14 | |
| 278 | + | SECTION 11. Arkansas Code § 6 -82-1503(a) and (b), concerning the 15 | |
| 279 | + | eligibility for scholarships, are amended to read as follows: 16 | |
| 280 | + | (a)(1) The term “minority” when used in this subchapter shall refer to 17 | |
| 281 | + | Black Americans, Hispanic Americans, Asian Americans, and Native Americans. 18 | |
| 282 | + | (2) The Native American group includes all persons having 19 | |
| 283 | + | origins in any of the original peoples of North America and who maintain 20 | |
| 284 | + | cultural identification through tribal affiliation or community recognition. 21 | |
| 285 | + | (b) Any individual who is a minority and who is enrolled in or 22 | |
| 286 | + | accepted for enrollment at a baccalaureate degree -granting institution of 23 | |
| 287 | + | higher education whose teacher education program is approved by the State 24 | |
| 288 | + | Board of Education or at an accredited state -supported community college in 25 | |
| 289 | + | the State of Arkansas who expresses in writing an intention to teach in a 26 | |
| 290 | + | geographical area of the state in which there exists a critical shortage of 27 | |
| 291 | + | teachers, as designated by the state board, shall be eligible for a financial 28 | |
| 292 | + | Critical Needs Minority Teacher Scholarship to be applied toward the costs of 29 | |
| 293 | + | the individual's college education, if: 30 | |
| 294 | + | (1) The applicant has a grade point average of 2.5 on a 4.0 31 SB3 | |
| 123 | 295 | ||
| 296 | + | 10 11/20/2024 7:42:04 AM | |
| 297 | + | scale in high school if the applicant graduated within the five (5) preceding 1 | |
| 298 | + | years; and 2 | |
| 299 | + | (2) The applicant scored nineteen (19) or above on the ACT 3 | |
| 300 | + | composite or the equivalent as defined by the University of Arkansas at Pine 4 | |
| 301 | + | Bluff. 5 | |
| 302 | + | 6 | |
| 303 | + | SECTION 12. Arkansas Code § 6 -82-1503(c)(1), concerning the 7 | |
| 304 | + | eligibility for scholarships, is amended to read as follows: 8 | |
| 305 | + | (c)(1) The university is authorized to develop selection criteria 9 | |
| 306 | + | through Critical Needs Minority Teacher Scholarship Program rules, which 10 | |
| 307 | + | combine an applicant's ACT superscore, as defined by § 6 -85-204, or ACT 11 | |
| 308 | + | equivalent score and grade point average in the core curriculum into a 12 | |
| 309 | + | selection index. 13 | |
| 310 | + | 14 | |
| 311 | + | SECTION 13. Arkansas Code § 6 -82-1503(e)(1), concerning the 15 | |
| 312 | + | eligibility for scholarships, is amended to read as follows: 16 | |
| 313 | + | (e)(1) Awards granted under the Critical Needs Minority Teacher 17 | |
| 314 | + | Scholarship Program shall be available to both full -time and part-time 18 | |
| 315 | + | students. 19 | |
| 316 | + | 20 | |
| 317 | + | SECTION 14. Arkansas Code § 6 -82-1504(a), concerning service 21 | |
| 318 | + | requirement for scholarship recipients, is amended to read as follows: 22 | |
| 319 | + | (a) Except in those cases where employment positions may not be 23 | |
| 320 | + | available upon completion of licensure requirements, at the beginning of the 24 | |
| 321 | + | first school year in which a recipient of a Critical Needs Minority Teacher 25 | |
| 322 | + | Scholarship is eligible for employment as a licensed teacher, that person 26 | |
| 323 | + | shall begin to render service as a licensed teacher in a public school 27 | |
| 324 | + | district in a geographical area of the state where there is a critical 28 | |
| 325 | + | shortage of teachers or in the Mississippi Delta, as designated by the 29 | |
| 326 | + | Division of Elementary and Secondary Education. 30 | |
| 327 | + | 31 SB3 | |
| 124 | 328 | ||
| 125 | - | school district and open -enrollment public charter school may serve as the 1 | |
| 126 | - | coordinator of the public school district's and open -enrollment public 2 | |
| 127 | - | charter school's recruitment and retention plan. 3 | |
| 128 | - | (c) The teacher and administrator recruitment and retention plan shall 4 | |
| 129 | - | include, but not be limited to, the following information: 5 | |
| 130 | - | (1) The annual goals of the public school district or open -6 | |
| 131 | - | enrollment public charter school established pursuant to § 6 -17-1901(b); 7 | |
| 132 | - | (2) The actions and steps the public school district or open -8 | |
| 133 | - | enrollment public charter school has taken and will take to meet each of the 9 | |
| 134 | - | public school district's and open -enrollment public charter school's goals; 10 | |
| 135 | - | (3) The progress of the public school district or open -11 | |
| 136 | - | enrollment public charter school in meeting each of the public school 12 | |
| 137 | - | district's and open-enrollment public charter school's goals; 13 | |
| 138 | - | (4) The evaluative methods the public school district or open -14 | |
| 139 | - | enrollment public charter school will use to measure progress towards meeting 15 | |
| 140 | - | the public school district's or open -enrollment public charter school's 16 | |
| 141 | - | goals; 17 | |
| 142 | - | (5) If the public school district or open -enrollment public 18 | |
| 143 | - | charter school did not meet the public school district's or open -enrollment 19 | |
| 144 | - | public charter school's goals for the previous reporting period, the public 20 | |
| 145 | - | school district or open -enrollment public charter school shall state the 21 | |
| 146 | - | reasons for not meeting the goals and the steps the public school district or 22 | |
| 147 | - | open-enrollment public charter school will take to overcome the reasons for 23 | |
| 148 | - | not meeting the goals; 24 | |
| 149 | - | (6) The steps the public school district or open -enrollment 25 | |
| 150 | - | public charter school will take to encourage students to pursue a career in 26 | |
| 151 | - | education, including steps specific to students of minority races and 27 | |
| 152 | - | ethnicities; 28 | |
| 153 | - | (7) Public school district or open -enrollment public charter 29 | |
| 154 | - | school teacher and administrator recruitment and retention data to show the: 30 | |
| 155 | - | (A) Racial and ethnic composition of teachers and 31 | |
| 156 | - | administrators employed by the public school district or open -enrollment 32 | |
| 157 | - | public charter school for each of the previous three (3) years; and 33 | |
| 158 | - | (B) Effectiveness of the plan; and 34 | |
| 159 | - | (8) The racial and ethnic composition of the student body and 35 | |
| 160 | - | the racial and ethnic composition of the residents of the public school 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 329 | + | 11 11/20/2024 7:42:04 AM | |
| 330 | + | SECTION 15. Arkansas Code § 6 -82-1505(a), concerning rules, 1 | |
| 331 | + | administration, and reports for the administration of the Critical Needs 2 | |
| 332 | + | Minority Teacher Scholarship Program, is amended to read as follows: 3 | |
| 333 | + | (a) The University of Arkansas at Pine Bluff and the Division of 4 | |
| 334 | + | Higher Education shall jointly promulgate rules necessary for the proper 5 | |
| 335 | + | administration of the Critical Needs Minority Teacher Scholarship Program. 6 | |
| 336 | + | 7 | |
| 337 | + | SECTION 16. Arkansas Code § 6 -82-1506(a), concerning the Critical 8 | |
| 338 | + | Needs Minority Teacher Scholarship Program Committee, is amended to read as 9 | |
| 339 | + | follows: 10 | |
| 340 | + | (a) There is established a committee to be known as the Critical Needs 11 | |
| 341 | + | Minority Teacher Scholarship Program Committee. 12 | |
| 342 | + | 13 | |
| 343 | + | SECTION 17. Arkansas Code § 6 -82-1506(h)(2), concerning the Critical 14 | |
| 344 | + | Needs Minority Teacher Scholarship Program Committee, is amended to read as 15 | |
| 345 | + | follows: 16 | |
| 346 | + | (2) Perform other duties or functions regarding the Critical 17 | |
| 347 | + | Needs Minority Teacher Scholarship Program as may be requested by the 18 | |
| 348 | + | chancellor. 19 | |
| 349 | + | 20 | |
| 350 | + | SECTION 18. Arkansas Code § 16 -123-338(4), concerning relief for a 21 | |
| 351 | + | discriminatory housing practice, is amended to read as follows: 22 | |
| 352 | + | (4) Subject to § 16 -123-339, any permanent or temporary 23 | |
| 353 | + | injunction, temporary restraining order, or other order, including an order 24 | |
| 354 | + | enjoining the defendant from engaging in the discriminatory housing practice 25 | |
| 355 | + | or ordering affirmative other action as may be appropriate. 26 | |
| 356 | + | 27 | |
| 357 | + | SECTION 19. Arkansas Code § 21 -3-101 is amended to read as follows: 28 | |
| 358 | + | 21-3-101. Equal employment hiring program. 29 SB3 | |
| 161 | 359 | ||
| 162 | - | 5 02-03-2025 09:30:55 JLL011 | |
| 360 | + | 12 11/20/2024 7:42:04 AM | |
| 361 | + | (a) Every state department, agency, board, commission, and institution 1 | |
| 362 | + | of higher education and every constitutional officer as defined in Arkansas 2 | |
| 363 | + | Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal 3 | |
| 364 | + | employment hiring program designed to achieve a goal of increasing the 4 | |
| 365 | + | percentage of minority employees within the state department, agency, board, 5 | |
| 366 | + | commission, and institution of higher education and within the constitutional 6 | |
| 367 | + | office to a level that approximates the percentage of minorities in the 7 | |
| 368 | + | state's population. 8 | |
| 369 | + | (b)(1) Every state department, agency, board, commission, and 9 | |
| 370 | + | institution of higher education and every constitutional officer shall report 10 | |
| 371 | + | to the Legislative Council on June 30 of each year regarding its efforts to 11 | |
| 372 | + | achieve its equal employment hiring program goal. 12 | |
| 373 | + | (2) However, the report required of any institution by § 6 -63-13 | |
| 374 | + | 103 may be used in lieu of the report required under this subsection and 14 | |
| 375 | + | shall be filed as provided in this subsection. 15 | |
| 376 | + | (c) The employee handbook or manual of every state department, agency, 16 | |
| 377 | + | board, commission, and institution of higher education and every employee 17 | |
| 378 | + | handbook or manual of every constitutional office shall include the following 18 | |
| 379 | + | statement in describing the equal employment opportunity hiring program 19 | |
| 380 | + | required under this section : 20 | |
| 381 | + | “The State of Arkansas does not discriminate in access to 21 | |
| 382 | + | employment opportunities or in employment or practices on the basis of race, 22 | |
| 383 | + | color, religion, sex, national origin, age, disability, or genetic 23 | |
| 384 | + | information.” 24 | |
| 385 | + | (b) A statement included in an employee handbook or manual under this 25 | |
| 386 | + | section does not affect any preference given to veterans in employment. 26 | |
| 387 | + | 27 | |
| 388 | + | SECTION 20. Arkansas Code § 22 -9-203(i), concerning the award 28 | |
| 389 | + | procedure for public improvements generally, is amended to read as follows: 29 | |
| 390 | + | (i) No contract providing for the making of major repairs or 30 | |
| 391 | + | alterations, for the erection of buildings or other structures, or for making 31 | |
| 392 | + | other permanent improvements shall be entered into by the state, any agency 32 SB3 | |
| 163 | 393 | ||
| 394 | + | 13 11/20/2024 7:42:04 AM | |
| 395 | + | of the state, any county, municipality, school district, or other local 1 | |
| 396 | + | taxing unit with any contractor in instances where all estimated costs of the 2 | |
| 397 | + | work shall exceed the sum of seventy -five thousand dollars ($75,000) unless 3 | |
| 398 | + | the bid documents contain statements which encourage the participation of 4 | |
| 399 | + | small, minority, and women's business enterprises and veteran-owned business 5 | |
| 400 | + | enterprises. 6 | |
| 401 | + | 7 | |
| 402 | + | SECTION 21. Arkansas Code Title 25, Chapter 1, Subchapter 1, is 8 | |
| 403 | + | amended to add an additional section to read as follows: 9 | |
| 404 | + | 25-1-130. Prohibition of discrimination or preferential treatment by 10 | |
| 405 | + | state entities. 11 | |
| 406 | + | (a) As used in this section, "state" means the State of Arkansas, a 12 | |
| 407 | + | city, a county, an institution of higher education, a public school district, 13 | |
| 408 | + | a public special school district, or a political subdivision or governmental 14 | |
| 409 | + | instrumentality of the state. 15 | |
| 410 | + | (b) The state shall not discriminate against, or grant preferential 16 | |
| 411 | + | treatment to, an individual or group on the basis of race, sex, color, 17 | |
| 412 | + | ethnicity, or national origin in matters of state employment, public 18 | |
| 413 | + | education, or state procurement. 19 | |
| 414 | + | (c) This section applies only to an action taken after the effective 20 | |
| 415 | + | date of this act. 21 | |
| 416 | + | (d) This section does not: 22 | |
| 417 | + | (1) Prohibit the consideration by the state of bona fide 23 | |
| 418 | + | qualifications based on sex that are reasonably necessary to the normal 24 | |
| 419 | + | functions of state employment, public education, or state procurement; 25 | |
| 420 | + | (2) Invalidate a court order or consent decree that is in force 26 | |
| 421 | + | as of the effective date of this act; 27 | |
| 422 | + | (3) Prohibit an action necessary to establish or maintain 28 | |
| 423 | + | eligibility for a federal program if ineligibility would demonstrably result 29 | |
| 424 | + | in a loss of federal funds to the state; 30 | |
| 425 | + | (4) Affect any preference given to veterans in matters of state 31 SB3 | |
| 164 | 426 | ||
| 165 | - | district or open-enrollment public charter school. 1 | |
| 166 | - | (d) The State Board of Education may promulgate rules necessary for 2 | |
| 167 | - | implementation of this subchapter. 3 | |
| 168 | - | 4 | |
| 169 | - | 6-17-1903. Department of Education — Minority Teacher and Administrator 5 | |
| 170 | - | Preparation and Recruitment Strategic Plan. 6 | |
| 171 | - | (a)(1) The Department of Education shall set goals for increasing the 7 | |
| 172 | - | number of teachers and administrators of minority races and ethnicities in 8 | |
| 173 | - | this state. 9 | |
| 174 | - | (2)(A) The Division of Higher Education shall collaborate with 10 | |
| 175 | - | the State Board of Education, local universities, colleges, public school 11 | |
| 176 | - | districts, and open-enrollment public charter schools to develop a strategic 12 | |
| 177 | - | plan for increasing the number of teachers and administrators of minority 13 | |
| 178 | - | races and ethnicities in this state. 14 | |
| 179 | - | (B) The Minority Teacher and Administrator Preparation and 15 | |
| 180 | - | Recruitment Strategic Plan shall include without limitation recommendations 16 | |
| 181 | - | to institutions with educator preparation programs on ways to: 17 | |
| 182 | - | (i) Identify methods for increasing the percentage 18 | |
| 183 | - | of teachers and administrators of minority races and ethnicities in 19 | |
| 184 | - | proportion to the number of students of minority races and ethnicities in 20 | |
| 185 | - | this state; and 21 | |
| 186 | - | (ii) Establish programs to identify and recruit 22 | |
| 187 | - | individuals of minority races and ethnicities who have already earned college 23 | |
| 188 | - | degrees in other job fields to become teachers and administrators. 24 | |
| 189 | - | (b) The division shall: 25 | |
| 190 | - | (1) Promote educator preparation programs that increase the 26 | |
| 191 | - | percentage of individuals of minority races and ethnicities who enter and 27 | |
| 192 | - | successfully complete a four -year educator preparatory program and provide 28 | |
| 193 | - | support to students of minority races and ethnicities who meet the 29 | |
| 194 | - | requirements for entering educator preparation programs; and 30 | |
| 195 | - | (2) Submit a report no later than July 1, 2022, and every two 31 | |
| 196 | - | (2) years following to the House Committee on Education and the Senate 32 | |
| 197 | - | Committee on Education. 33 | |
| 198 | - | 34 | |
| 199 | - | SECTION 6. Arkansas Code § 6 -60-703(b)(3), concerning the 35 | |
| 200 | - | Comprehensive Arkansas Higher Education Annual Report, is repealed. 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 427 | + | 14 11/20/2024 7:42:04 AM | |
| 428 | + | employment, public education, or state procurement; or 1 | |
| 429 | + | (5) Preempt state discrimination law or federal discrimination 2 | |
| 430 | + | law. 3 | |
| 431 | + | (e) A person who knowingly violates this section is guilty of a Class 4 | |
| 432 | + | A misdemeanor. 5 | |
| 433 | + | (f)(1) A person who believes his or her rights have been impacted 6 | |
| 434 | + | under this section may bring a civil action in circuit court to: 7 | |
| 435 | + | (A) Enjoin a violation of this section; and 8 | |
| 436 | + | (B) Recover reasonable court costs and attorney's fees. 9 | |
| 437 | + | (2) In an action brought under this section, if the court finds 10 | |
| 438 | + | that a violation occurred, the court shall award: 11 | |
| 439 | + | (A) Injunctive relief; and 12 | |
| 440 | + | (B) Court costs and attorney's fees. 13 | |
| 441 | + | 14 | |
| 442 | + | SECTION 22. Arkansas Code § 25 -36-103 is repealed. 15 | |
| 443 | + | 25-36-103. Agency contracting — Diversity. 16 | |
| 444 | + | (a) A state agency shall include in all requests for proposals and 17 | |
| 445 | + | requests for qualifications, language that encourages minority participation 18 | |
| 446 | + | in each request for proposals and request for qualifications issued by the 19 | |
| 447 | + | state agency. 20 | |
| 448 | + | (b)(1) State agency requests for proposals and requests for 21 | |
| 449 | + | qualifications shall take into consideration minority inclusion in the 22 | |
| 450 | + | proposed project. 23 | |
| 451 | + | (2) Requests for proposals and requests for qualifications shall 24 | |
| 452 | + | provide that an applicant unable to include minority -owned businesses may 25 | |
| 453 | + | explain the circumstances preventing minority inclusion. 26 | |
| 454 | + | 27 | |
| 455 | + | SECTION 23. DO NOT CODIFY. Report to Legislative Council. 28 SB3 | |
| 201 | 456 | ||
| 202 | - | 6 02-03-2025 09:30:55 JLL011 | |
| 457 | + | 15 11/20/2024 7:42:04 AM | |
| 458 | + | (a) All state agencies shall begin developing a plan to implement this 1 | |
| 459 | + | act immediately upon the effective date of this act. 2 | |
| 460 | + | (b)(1) If a state agency has not complied with this act within six (6) 3 | |
| 461 | + | months of the effective date of this act, the state agency shall submit a 4 | |
| 462 | + | detailed compliance plan to the Legislative Council or its appropriate 5 | |
| 463 | + | subcommittee within six (6) months of the effective date of this act stating 6 | |
| 464 | + | the: 7 | |
| 465 | + | (A) Steps the state agency will take to comply with this 8 | |
| 466 | + | act; 9 | |
| 467 | + | (B) Estimated time needed for the state agency to 10 | |
| 468 | + | implement changes necessary to comply with this act; 11 | |
| 469 | + | (C) Individual responsible for overseeing the 12 | |
| 470 | + | implementation of this act; and 13 | |
| 471 | + | (D) Description of the steps the state agency is taking to 14 | |
| 472 | + | address any failure to comply with this act. 15 | |
| 473 | + | (2) The executive head of each state agency shall appear before 16 | |
| 474 | + | the Legislative Council or its appropriate subcommittee at the time the 17 | |
| 475 | + | compliance plan in subdivision (b)(1) of this section is submitted and 18 | |
| 476 | + | provide the following information: 19 | |
| 477 | + | (A) Whether the state agency has been successful in 20 | |
| 478 | + | complying with the requirements of subdivision (b)(1) of this section; 21 | |
| 479 | + | (B) An update on the current status of the necessary 22 | |
| 480 | + | changes; 23 | |
| 481 | + | (C) The ongoing steps the state agency is taking to 24 | |
| 482 | + | address any failure to comply with this act; and 25 | |
| 483 | + | (D) The anticipated date for when the state agency shall 26 | |
| 484 | + | be in full compliance with this act. 27 | |
| 485 | + | (3) If the state agency has not been successful in complying 28 | |
| 486 | + | with this act within nine (9) months of the appearance before the Legislative 29 | |
| 487 | + | Council or its appropriate subcommittee required in subdivision (b)(2) of 30 | |
| 488 | + | this section: 31 SB3 | |
| 203 | 489 | ||
| 204 | - | ||
| 205 | - | (3) Every five (5) years, beginning in 2015: 1 | |
| 206 | - | (A) Minority retention plans, § 6 -61-122; and 2 | |
| 207 | - | (B) Affirmative action program plans, § 6 -63-103(c). 3 | |
| 208 | - | 4 | |
| 209 | - | SECTION 7. Arkansas Code §§ 6 -61-121 and 6-61-122 are repealed. 5 | |
| 210 | - | 6-61-121. Higher education minority retention programs — Definition. 6 | |
| 211 | - | For purposes of this section and § 6 -61-122, the term “minority” refers 7 | |
| 212 | - | to African-Americans, Hispanic Americans, Asian Americans, and Native 8 | |
| 213 | - | Americans. 9 | |
| 214 | - | 10 | |
| 215 | - | 6-61-122. Higher education minority retention programs — Establishment 11 | |
| 216 | - | — Reports. 12 | |
| 217 | - | (a) All state-supported colleges and universities shall establish a 13 | |
| 218 | - | program for the retention of blacks and other members of minority groups as 14 | |
| 219 | - | students, faculty, and staff. Retention action plans shall be prepared on a 15 | |
| 220 | - | continuing basis for future five -year periods. 16 | |
| 221 | - | (b) Each state-supported college and university shall annually prepare 17 | |
| 222 | - | a progress report on the steps that have been taken to reach the goals of the 18 | |
| 223 | - | plan. The report shall include information relative to students, faculty, and 19 | |
| 224 | - | staff within the institution. 20 | |
| 225 | - | (c) Copies of each institution's five -year plan and annual report 21 | |
| 226 | - | shall be filed by June 30 with the Division of Higher Education, the board of 22 | |
| 227 | - | trustees of the institution, the House Committee on Education and the Senate 23 | |
| 228 | - | Committee on Education, and the board of visitors of the institution, if 24 | |
| 229 | - | applicable. 25 | |
| 230 | - | (d) The division shall develop appropriate forms for reporting and 26 | |
| 231 | - | shall monitor the retention plans and annual reports. 27 | |
| 232 | - | (e) In carrying out the retention action plans, each institution shall 28 | |
| 233 | - | provide for a part-time or full-time employee by reassignment, appointment, 29 | |
| 234 | - | or employment to assist the institution in the retention of blacks and 30 | |
| 235 | - | members of other minority groups for faculty and staff positions. 31 | |
| 236 | - | 32 | |
| 237 | - | SECTION 8. Arkansas Code § 6 -63-103 is repealed. 33 | |
| 238 | - | 6-63-103. Affirmative action programs — Plans — Annual reports. 34 | |
| 239 | - | (a)(1) Each state-supported institution of higher education shall 35 | |
| 240 | - | prepare an affirmative action program for the recruitment of African -36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 241 | - | ||
| 242 | - | 7 02-03-2025 09:30:55 JLL011 | |
| 243 | - | ||
| 244 | - | ||
| 245 | - | Americans and other members of minorities for faculty and staff positions and 1 | |
| 246 | - | for enrollment as students. 2 | |
| 247 | - | (2) Affirmative action plans shall be prepared on a continuing 3 | |
| 248 | - | basis for future five -year periods. 4 | |
| 249 | - | (b)(1) Each state-supported institution of higher education shall 5 | |
| 250 | - | prepare annually a summary report on the steps that have been taken to reach 6 | |
| 251 | - | the goals of the plan. 7 | |
| 252 | - | (2) The report shall: 8 | |
| 253 | - | (A) Include information on the progress made by each 9 | |
| 254 | - | institution for the various levels of employment within the institution; and 10 | |
| 255 | - | (B) Be presented in a table format limited to no more than 11 | |
| 256 | - | five (5) pages. 12 | |
| 257 | - | (c) Copies of the five -year plan and annual reports summaries of each 13 | |
| 258 | - | institution of higher education shall be included in the Comprehensive 14 | |
| 259 | - | Arkansas Higher Education Annual Report, filed with the Governor, the 15 | |
| 260 | - | Division of Higher Education, the president and board of trustees of the 16 | |
| 261 | - | institution, the board of visitors of the institution, if applicable, and the 17 | |
| 262 | - | House Committee on Education and the Senate Committee on Education. 18 | |
| 263 | - | (d) In carrying out the affirmative action plans, each institution of 19 | |
| 264 | - | higher education shall provide for a part -time or full-time employee to 20 | |
| 265 | - | assist the institution in the recruitment of African -Americans and other 21 | |
| 266 | - | members of minorities for faculty and staff positions and for enrollment as 22 | |
| 267 | - | students. 23 | |
| 268 | - | 24 | |
| 269 | - | SECTION 9. Arkansas Code § 6 -82-1501 is amended to read as follows: 25 | |
| 270 | - | 6-82-1501. Title. 26 | |
| 271 | - | This subchapter shall be known and may be cited as the “Arkansas 27 | |
| 272 | - | Geographical Critical Needs Minority Teacher Scholarship Program Act of 28 | |
| 273 | - | 2001”. 29 | |
| 274 | - | 30 | |
| 275 | - | SECTION 10. Arkansas Code § 6 -82-1502 is amended to read as follows: 31 | |
| 276 | - | 6-82-1502. Program established — Purpose — Effect. 32 | |
| 277 | - | (a) There is established the Critical Needs Minority Teacher 33 | |
| 278 | - | Scholarship Program. 34 | |
| 279 | - | (b) The purpose of the program is to attract qualified minority 35 | |
| 280 | - | teachers to the Delta and those geographical areas of the state where there 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 281 | - | ||
| 282 | - | 8 02-03-2025 09:30:55 JLL011 | |
| 283 | - | ||
| 284 | - | ||
| 285 | - | exists a critical shortage of teachers by awarding scholarships to minorities 1 | |
| 286 | - | individuals declaring an intention to serve in the teaching field who 2 | |
| 287 | - | actually render service to this state while possessing an appropriate 3 | |
| 288 | - | teaching license. 4 | |
| 289 | - | (c) This subchapter does not affect any preference given to veterans 5 | |
| 290 | - | in public education. 6 | |
| 291 | - | 7 | |
| 292 | - | SECTION 11. Arkansas Code § 6 -82-1503(a) and (b), concerning the 8 | |
| 293 | - | eligibility for scholarships, are amended to read as follows: 9 | |
| 294 | - | (a)(1) The term “minority” when used in this subchapter shall refer to 10 | |
| 295 | - | Black Americans, Hispanic Americans, Asian Americans, and Native Americans. 11 | |
| 296 | - | (2) The Native American group includes all persons having 12 | |
| 297 | - | origins in any of the original peoples of North America and who maintain 13 | |
| 298 | - | cultural identification through tribal affiliation or community recognition. 14 | |
| 299 | - | (b) Any individual who is a minority and who is enrolled in or 15 | |
| 300 | - | accepted for enrollment at a baccalaureate degree -granting institution of 16 | |
| 301 | - | higher education whose teacher education program is approved by the State 17 | |
| 302 | - | Board of Education or at an accredited state -supported community college in 18 | |
| 303 | - | the State of Arkansas who expresses in writing an intention to teach in a 19 | |
| 304 | - | geographical area of the state in which there exists a critical shortage of 20 | |
| 305 | - | teachers, as designated by the state board, shall be eligible for a financial 21 | |
| 306 | - | Critical Needs Minority Teacher Scholarship to be applied toward the costs of 22 | |
| 307 | - | the individual's college education, if: 23 | |
| 308 | - | (1) The applicant has a grade point average of 2.5 on a 4.0 24 | |
| 309 | - | scale in high school if the applicant graduated within the five (5) preceding 25 | |
| 310 | - | years; and 26 | |
| 311 | - | (2) The applicant scored nineteen (19) or above on the ACT 27 | |
| 312 | - | composite or the equivalent as defined by the University of Arkansas at Pine 28 | |
| 313 | - | Bluff. 29 | |
| 314 | - | 30 | |
| 315 | - | SECTION 12. Arkansas Code § 6 -82-1503(c)(1), concerning the 31 | |
| 316 | - | eligibility for scholarships, is amended to read as follows: 32 | |
| 317 | - | (c)(1) The university is authorized to develop selection criteria 33 | |
| 318 | - | through Critical Needs Minority Teacher Scholarship Program rules, which 34 | |
| 319 | - | combine an applicant's ACT superscore, as defined by § 6 -85-204, or ACT 35 | |
| 320 | - | equivalent score and grade point average in the core curriculum into a 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 321 | - | ||
| 322 | - | 9 02-03-2025 09:30:55 JLL011 | |
| 323 | - | ||
| 324 | - | ||
| 325 | - | selection index. 1 | |
| 326 | - | 2 | |
| 327 | - | SECTION 13. Arkansas Code § 6 -82-1503(e)(1), concerning the 3 | |
| 328 | - | eligibility for scholarships, is amended to read as follows: 4 | |
| 329 | - | (e)(1) Awards granted under the Critical Needs Minority Teacher 5 | |
| 330 | - | Scholarship Program shall be available to both full -time and part-time 6 | |
| 331 | - | students. 7 | |
| 332 | - | 8 | |
| 333 | - | SECTION 14. Arkansas Code § 6 -82-1504(a), concerning service 9 | |
| 334 | - | requirement for scholarship recipients, is amended to read as follows: 10 | |
| 335 | - | (a) Except in those cases where employment positions may not be 11 | |
| 336 | - | available upon completion of licensure requirements, at the beginning of the 12 | |
| 337 | - | first school year in which a recipient of a Critical Needs Minority Teacher 13 | |
| 338 | - | Scholarship is eligible for employment as a licensed teacher, that person 14 | |
| 339 | - | shall begin to render service as a licensed teacher in a public school 15 | |
| 340 | - | district in a geographical area of the state where there is a critical 16 | |
| 341 | - | shortage of teachers or in the Mississippi Delta, as designated by the 17 | |
| 342 | - | Division of Elementary and Secondary Education. 18 | |
| 343 | - | 19 | |
| 344 | - | SECTION 15. Arkansas Code § 6 -82-1505(a), concerning rules, 20 | |
| 345 | - | administration, and reports for the administration of the Critical Needs 21 | |
| 346 | - | Minority Teacher Scholarship Program, is amended to read as follows: 22 | |
| 347 | - | (a) The University of Arkansas at Pine Bluff and the Division of 23 | |
| 348 | - | Higher Education shall jointly promulgate rules necessary for the proper 24 | |
| 349 | - | administration of the Critical Needs Minority Teacher Scholarship Program. 25 | |
| 350 | - | 26 | |
| 351 | - | SECTION 16. Arkansas Code § 6 -82-1506(a), concerning the Critical 27 | |
| 352 | - | Needs Minority Teacher Scholarship Program Committee, is amended to read as 28 | |
| 353 | - | follows: 29 | |
| 354 | - | (a) There is established a committee to be known as the Critical Needs 30 | |
| 355 | - | Minority Teacher Scholarship Program Committee. 31 | |
| 356 | - | 32 | |
| 357 | - | SECTION 17. Arkansas Code § 6 -82-1506(h)(2), concerning the Critical 33 | |
| 358 | - | Needs Minority Teacher Scholarship Program Committee, is amended to read as 34 | |
| 359 | - | follows: 35 | |
| 360 | - | (2) Perform other duties or functions regarding the Critical 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 361 | - | ||
| 362 | - | 10 02-03-2025 09:30:55 JLL011 | |
| 363 | - | ||
| 364 | - | ||
| 365 | - | Needs Minority Teacher Scholarship Program as may be requested by the 1 | |
| 366 | - | chancellor. 2 | |
| 367 | - | 3 | |
| 368 | - | SECTION 18. Arkansas Code § 16 -123-338(4), concerning relief for a 4 | |
| 369 | - | discriminatory housing practice, is amended to read as follows: 5 | |
| 370 | - | (4) Subject to § 16 -123-339, any permanent or temporary 6 | |
| 371 | - | injunction, temporary restraining order, or other order, including an order 7 | |
| 372 | - | enjoining the defendant from engaging in the discriminatory housing practice 8 | |
| 373 | - | or ordering affirmative other action as may be appropriate. 9 | |
| 374 | - | 10 | |
| 375 | - | SECTION 19. Arkansas Code § 21-3-101 is amended to read as follows: 11 | |
| 376 | - | 21-3-101. Equal employment hiring program. 12 | |
| 377 | - | (a) Every state department, agency, board, commission, and institution 13 | |
| 378 | - | of higher education and every constitutional officer as defined in Arkansas 14 | |
| 379 | - | Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal 15 | |
| 380 | - | employment hiring program designed to achieve a goal of increasing the 16 | |
| 381 | - | percentage of minority employees within the state department, agency, board, 17 | |
| 382 | - | commission, and institution of higher education and within the constitutional 18 | |
| 383 | - | office to a level that approximates the percentage of minorities in the 19 | |
| 384 | - | state's population. 20 | |
| 385 | - | (b)(1) Every state department, agency, board, commission, and 21 | |
| 386 | - | institution of higher education and every constitutional officer shall report 22 | |
| 387 | - | to the Legislative Council on June 30 of each year regarding its efforts to 23 | |
| 388 | - | achieve its equal employment hiring program goal. 24 | |
| 389 | - | (2) However, the report required of any institution by § 6 -63-25 | |
| 390 | - | 103 may be used in lieu of the report required under this subsection and 26 | |
| 391 | - | shall be filed as provided in this subsection. 27 | |
| 392 | - | (c) The employee handbook or manual of every state department, agency, 28 | |
| 393 | - | board, commission, and institution of higher education and every employee 29 | |
| 394 | - | handbook or manual of every constitutional office shall include the following 30 | |
| 395 | - | statement in describing the equal employment opportunity hiring program 31 | |
| 396 | - | required under this section : 32 | |
| 397 | - | “The State of Arkansas does not discriminate in access to 33 | |
| 398 | - | employment opportunities or in employment or practices on the basis of race, 34 | |
| 399 | - | color, religion, sex, national origin, age, disability, or genetic 35 | |
| 400 | - | information.” 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 401 | - | ||
| 402 | - | 11 02-03-2025 09:30:55 JLL011 | |
| 403 | - | ||
| 404 | - | ||
| 405 | - | (b) A statement included in an employee handbook or manual under this 1 | |
| 406 | - | section does not affect any preference given to veterans in employment. 2 | |
| 407 | - | 3 | |
| 408 | - | SECTION 20. Arkansas Code § 22 -9-203(i), concerning the award 4 | |
| 409 | - | procedure for public improvements generally, is amended to read as follows: 5 | |
| 410 | - | (i) No contract providing for the making of major repairs or 6 | |
| 411 | - | alterations, for the erection of buildings or other structures, or for making 7 | |
| 412 | - | other permanent improvements shall be entered into by the state, any agency 8 | |
| 413 | - | of the state, any county, municipality, school district, or other local 9 | |
| 414 | - | taxing unit with any contractor in instances where all estimated costs of the 10 | |
| 415 | - | work shall exceed the sum of seventy -five thousand dollars ($75,000) unless 11 | |
| 416 | - | the bid documents contain statements which encourage the participation of 12 | |
| 417 | - | small, minority, and women's business enterprises and veteran-owned business 13 | |
| 418 | - | enterprises. 14 | |
| 419 | - | 15 | |
| 420 | - | SECTION 21. Arkansas Code Title 25, Chapter 1, Subchapter 1, is 16 | |
| 421 | - | amended to add an additional section to read as follows: 17 | |
| 422 | - | 25-1-130. Prohibition of discrimination or preferential treatment by 18 | |
| 423 | - | state entities. 19 | |
| 424 | - | (a) As used in this section, "state" means the State of Arkansas, a 20 | |
| 425 | - | city, a county, an institution of higher education, a public school district, 21 | |
| 426 | - | a public special school district, or a political subdivision or governmental 22 | |
| 427 | - | instrumentality of the state. 23 | |
| 428 | - | (b) The state shall not discriminate against, or grant preferential 24 | |
| 429 | - | treatment to, an individual or group on the basis of race, sex, color, 25 | |
| 430 | - | ethnicity, or national origin in matters of state employment, public 26 | |
| 431 | - | education, or state procurement. 27 | |
| 432 | - | (c) This section applies only to an action taken after the effective 28 | |
| 433 | - | date of this act. 29 | |
| 434 | - | (d) This section does not: 30 | |
| 435 | - | (1) Prohibit the consideration by the state of bona fide 31 | |
| 436 | - | qualifications based on sex that are reasonably necessary to the normal 32 | |
| 437 | - | functions of state employment, public education, or state procurement; 33 | |
| 438 | - | (2) Invalidate a court order or consent decree that is in force 34 | |
| 439 | - | as of the effective date of this act; 35 | |
| 440 | - | (3) Prohibit an action necessary to establish or maintain 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 441 | - | ||
| 442 | - | 12 02-03-2025 09:30:55 JLL011 | |
| 443 | - | ||
| 444 | - | ||
| 445 | - | eligibility for a federal program if ineligibility would demonstrably result 1 | |
| 446 | - | in a loss of federal funds to the state; 2 | |
| 447 | - | (4) Affect any preference given to veterans in matters of state 3 | |
| 448 | - | employment, public education, or state procurement; or 4 | |
| 449 | - | (5) Preempt state discrimination law or federal discrimination 5 | |
| 450 | - | law. 6 | |
| 451 | - | (e)(1) A person who believes his or her rights have been impacted under 7 | |
| 452 | - | this section may bring a civil action in circuit court to: 8 | |
| 453 | - | (A) Enjoin a violation of this section; and 9 | |
| 454 | - | (B) Recover reasonable court costs and attorney's fees. 10 | |
| 455 | - | (2) In an action brought under this section, if the court finds 11 | |
| 456 | - | that a violation occurred, the court shall: 12 | |
| 457 | - | (A) Award: 13 | |
| 458 | - | (i) Injunctive relief; and 14 | |
| 459 | - | (ii) Court costs and attorney's fees, if the court 15 | |
| 460 | - | may award court costs and attorney's fees against the defendant; and 16 | |
| 461 | - | (B) If the court may not award court costs and attorney's 17 | |
| 462 | - | fees against the defendant, order the Arkansas State Claims Commission to 18 | |
| 463 | - | award court costs and attorney's fees. 19 | |
| 464 | - | 20 | |
| 465 | - | SECTION 22. Arkansas Code § 25 -36-103 is repealed. 21 | |
| 466 | - | 25-36-103. Agency contracting — Diversity. 22 | |
| 467 | - | (a) A state agency shall include in all requests for proposals and 23 | |
| 468 | - | requests for qualifications, language that encourages minority participation 24 | |
| 469 | - | in each request for proposals and request for qualifications issued by the 25 | |
| 470 | - | state agency. 26 | |
| 471 | - | (b)(1) State agency requests for proposals and requests for 27 | |
| 472 | - | qualifications shall take into consideration minority inclusion in the 28 | |
| 473 | - | proposed project. 29 | |
| 474 | - | (2) Requests for proposals and requests for qualifications shall 30 | |
| 475 | - | provide that an applicant unable to include minority -owned businesses may 31 | |
| 476 | - | explain the circumstances preventing minority inclusion. 32 | |
| 477 | - | 33 | |
| 478 | - | SECTION 23. DO NOT CODIFY. Report to Legislative Council. 34 | |
| 479 | - | (a) All state agencies shall begin developing a plan to implement this 35 | |
| 480 | - | act immediately upon the effective date of this act. 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 481 | - | ||
| 482 | - | 13 02-03-2025 09:30:55 JLL011 | |
| 483 | - | ||
| 484 | - | ||
| 485 | - | (b)(1) If a state agency has not complied with this act within six (6) 1 | |
| 486 | - | months of the effective date of this act, the state agency shall submit a 2 | |
| 487 | - | detailed compliance plan to the Legislative Council or its appropriate 3 | |
| 488 | - | subcommittee within six (6) months of the effective date of this act stating 4 | |
| 489 | - | the: 5 | |
| 490 | - | (A) Steps the state agency will take to comply with this 6 | |
| 491 | - | act; 7 | |
| 492 | - | (B) Estimated time needed for the state agency to 8 | |
| 493 | - | implement changes necessary to comply with this act; 9 | |
| 494 | - | (C) Individual responsible for overseeing the 10 | |
| 495 | - | implementation of this act; and 11 | |
| 496 | - | (D) Description of the steps the state agency is taking to 12 | |
| 497 | - | address any failure to comply with this act. 13 | |
| 498 | - | (2) The executive head of each state agency shall appear before 14 | |
| 499 | - | the Legislative Council or its appropriate subcommittee at the time the 15 | |
| 500 | - | compliance plan in subdivision (b)(1) of this section is submitted and 16 | |
| 501 | - | provide the following information: 17 | |
| 502 | - | (A) Whether the state agency has been successful in 18 | |
| 503 | - | complying with the requirements of subdivision (b)(1) of this section; 19 | |
| 504 | - | (B) An update on the current status of the necessary 20 | |
| 505 | - | changes; 21 | |
| 506 | - | (C) The ongoing steps the state agency is taking to 22 | |
| 507 | - | address any failure to comply with this act; and 23 | |
| 508 | - | (D) The anticipated date for when the state agency shall 24 | |
| 509 | - | be in full compliance with this act. 25 | |
| 510 | - | (3) If the state agency has not been successful in complying 26 | |
| 511 | - | with this act within nine (9) months of the appearance before the Legislative 27 | |
| 512 | - | Council or its appropriate subcommittee required in subdivision (b)(2) of 28 | |
| 513 | - | this section: 29 | |
| 514 | - | (A) The executive head of the state agency shall appear 30 | |
| 515 | - | before the Legislative Council; and 31 | |
| 516 | - | (B) The state agency shall provide an updated report and 32 | |
| 517 | - | compliance plan to the Legislative Council or its appropriate subcommittee, 33 | |
| 518 | - | including the anticipated date of compliance. 34 | |
| 519 | - | (c)(1) If after one (1) year from the effective date of this act a 35 | |
| 520 | - | state agency has not complied fully with this act, in addition to the 36 As Engrossed: S1/21/25 H2/3/25 SB3 | |
| 521 | - | ||
| 522 | - | 14 02-03-2025 09:30:55 JLL011 | |
| 523 | - | ||
| 524 | - | ||
| 525 | - | executive head of the state agency, the cabinet -level department secretary 1 | |
| 526 | - | overseeing that state agency shall also appear before the Legislative Council 2 | |
| 527 | - | or its appropriate subcommittee to provide an update. 3 | |
| 528 | - | (2) After the appearance under subdivision (c)(1) of this 4 | |
| 529 | - | section, every three (3) months until the state agency reaches full 5 | |
| 530 | - | compliance with this act, the executive head of the state agency and the 6 | |
| 531 | - | cabinet-level department secretary overseeing that state agency shall: 7 | |
| 532 | - | (A) Appear before the Legislative Council or its 8 | |
| 533 | - | appropriate subcommittee; and 9 | |
| 534 | - | (B) Provide an updated report and compliance plan to the 10 | |
| 535 | - | Legislative Council or its appropriate subcommittee, including the 11 | |
| 536 | - | anticipated date of compliance. 12 | |
| 537 | - | (3) A cabinet-level department secretary is in violation of this 13 | |
| 538 | - | act if the secretary fails to be in full compliance with this act within 14 | |
| 539 | - | twenty-four (24) months of sine die adjournment of the Ninety-Fifth General 15 | |
| 540 | - | Assembly meeting in regular session. 16 | |
| 541 | - | 17 | |
| 542 | - | /s/D. Sullivan 18 | |
| 543 | - | 19 | |
| 544 | - | 20 | |
| 545 | - | APPROVED: 2/18/25 21 | |
| 546 | - | 22 | |
| 547 | - | 23 | |
| 490 | + | 16 11/20/2024 7:42:04 AM | |
| 491 | + | (A) The executive head of the state agency shall appear 1 | |
| 492 | + | before the Legislative Council; and 2 | |
| 493 | + | (B) The state agency shall provide an updated report and 3 | |
| 494 | + | compliance plan to the Legislative Council or its appropriate subcommittee, 4 | |
| 495 | + | including the anticipated date of compliance. 5 | |
| 496 | + | (c)(1) If after one (1) year from the effective date of this act a 6 | |
| 497 | + | state agency has not complied fully with this act, in addition to the 7 | |
| 498 | + | executive head of the state agency, the cabinet -level department secretary 8 | |
| 499 | + | overseeing that state agency shall also appear before the Legislative Council 9 | |
| 500 | + | or its appropriate subcommittee to provide an update. 10 | |
| 501 | + | (2) After the appearance under subdivision (c)(1) of this 11 | |
| 502 | + | section, every three (3) months until the state agency reaches full 12 | |
| 503 | + | compliance with this act, the executive head of the state agency and the 13 | |
| 504 | + | cabinet-level department secretary overseeing that state agency shall: 14 | |
| 505 | + | (A) Appear before the Legislative Council or its 15 | |
| 506 | + | appropriate subcommittee; and 16 | |
| 507 | + | (B) Provide an updated report and compliance plan to the 17 | |
| 508 | + | Legislative Council or its appropriate subcommittee, including the 18 | |
| 509 | + | anticipated date of compliance. 19 | |
| 510 | + | (3) A cabinet-level department secretary is in violation of this 20 | |
| 511 | + | act if the secretary fails to be in full compliance with this act within 21 | |
| 512 | + | twenty-four (24) months of sine die adjournment of the Ninety -Fourth General 22 | |
| 513 | + | Assembly meeting in regular session. 23 | |
| 548 | 514 | 24 | |
| 549 | 515 | 25 | |
| 550 | 516 | 26 | |
| 551 | 517 | 27 | |
| 552 | 518 | 28 | |
| 553 | 519 | 29 | |
| 554 | 520 | 30 | |
| 555 | 521 | 31 | |
| 556 | 522 | 32 | |
| 557 | - | 33 | |
| 558 | - | 34 | |
| 559 | - | 35 | |
| 560 | - | 36 | |
| 523 | + | 33 SB3 | |
| 524 | + | ||
| 525 | + | 17 11/20/2024 7:42:04 AM | |
| 526 | + | 1 | |
| 527 | + | 2 | |
| 528 | + | 3 | |
| 529 | + | 4 | |
| 530 | + | 5 | |
| 531 | + | 6 | |
| 532 | + | 7 | |
| 533 | + | 8 | |
| 534 | + | 9 | |
| 535 | + | 10 | |
| 536 | + | 11 | |
| 537 | + | 12 | |
| 538 | + | 13 |