Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 01 - Division of Fiscal and Administrative Services
Rule 005.01.05-004 - ADE 209: Rules Governing Ethical Guidelines and Prohibitions for Educational Administrators, Employees, Board Members, and Other Parties
Universal Citation: AR Admin Rules 005.01.05-004
Current through Register Vol. 49, No. 2, February 2024
1.00 REGULATORY AUTHORITY
1.01 These
rules and regulations shall be known as the Arkansas Department of Education
Rules Governing Ethical Guidelines and Prohibitions for Educational
Administrators, Employees, Board Members and other parties.
1.02 These rules are enacted pursuant to the
Arkansas State Board of Education's authority under Ark. Code Ann. §§
6-11-105,
6-24-101 et. Seq.
and Act 1381 of the 85th Arkansas General
Assembly.
2.00 PURPOSE
2.01 The purpose of these
rules is to set forth certain ethical guidelines and prohibitions for
educational administrators, employees, board members and other parties which
involve contracts, transactions or agreements with Arkansas public school
districts, charter schools, educational cooperatives or any publicly supported
entity having supervision over public educational entities excluding
institutions of higher education.
3.00 DEFINITIONS
Unless otherwise specifically stated herein, the term:
3.01 "Administrator" means any
superintendent, assistant superintendent or his/her equivalent, school district
treasurer, business manager, or other individual responsible for entity-wide
purchasing. The determining factor for being considered an
"administrator" for the purposes of these regulations and compliance with Act
1599 of 2001 is the actual or implied authority of an individual to make
purchases on behalf of the entire organization. This definition excludes many
building principals (whose purchasing authority is often limited to their own
school), but could include athletic directors or others. Classified employees
serving in food services, business/accounting or other capacities may also be
considered "administrators " under Act 1599 when they exercise autonomous
system-wide purchasing authority.
3.02 "Board" means local school boards or
other governing bodies of public educational entities;
3.03 "Board Member" means any board member,
director, or other member of a governing body of a public educational
entity;
3.04 "Board of Education"
means the State Board of Education;
3.05 "Commissioner" means the Commissioner of
the Arkansas Department of Education or his or her designee.
3.06 "Commodities" means all supplies, goods,
material, equipment, computers, software, machinery, facilities, personal
property, and services, other than personal and professional services,
purchased for or on behalf of a public educational entity;
3.07 "Contract" means any transaction or
agreement for the purchase, lease, transfer, or use of real property or
personal property and personal or professional services, including but not
limited to, motor vehicles, equipment, commodities, materials, services,
computers or other electronics, construction, capital improvements, deposits,
and investments;
3.08 "Contract
disclosure form" means the form herein incorporated and attached to these rules
and regulations as Appendix Form E;
3.09 "Day" means a working day in which the
Arkansas Department of Education is open to transact official governmental
business;
3.10 "Department" means
the Arkansas Department of Education;
3.11 "Directly" or "directly interested"
means receiving compensation or other benefits personally or to a business or
other entity in which the individual has a financial interest. See 3.16
"Financial interest. " A direct interest exists even when a management position
or ownership interest is merely "on paper, " and is not dependent on the
exercise of actual authority or the receipt of actual financial benefits from a
business or entity;
3.12
"Emergency purchase" means purchases mandated by unforeseen and unavoidable
circumstances in which human life, health, or public property is in immediate
jeopardy; and the expenditure is necessary to preserve life, health, or public
property;
3.13 "Employee" means a
full-time or part-time employee of a public educational entity;
3.14 "Employment contract" Means an agreement
or contract between an employer and an employee in which the terms and
conditions of the employment are provided.
3.15 "Family" or "family members" means:
(A) An individual's spouse;
(B) Children of the individual or the
individual' s spouse;
(C) The
spouse of a child of the individual or the spouse of a child of the
individual's spouse;
(D) Parents of
the individual or the spouse;
(E)
Brothers and sisters of the individual or the spouse;
(F) Anyone living or residing in the same
residence or household with the individual or the spouse; or
(G) Anyone acting or serving as an agent of
the individual or the spouse.
3.16 "Financial interest" in a business or
other entity means:
(A) Ownership of more
than a five percent (5) interest; or
(B) Holding a position as an officer,
director, trustee, partner, or other top level management; or
(C) Being an employee, agent, independent
contractor, or other arrangement where the individuals compensation is based in
whole or in part on transactions with the public educational entity;
or
(D) Financial interest does not
mean the ownership of stock or other equity holdings in any publicly held
company, or
(E) Financial interest
does not mean clerical or other similar hourly compensated employees.
3.17 "Gratuity" means a payment,
loan, subscription, advance, deposit of money, travel, services or anything
having a present market value of one hundred dollars ($100) or more, unless
consideration of substantially equal or greater value is received;
3.18 "Indirectly" or "indirectly interested"
means receiving compensation or other benefits personally, to a family member,
or to a business or other entity in which the individual or a family member has
a financial interest;
3.19
Initially employed" means:
(A) Employed in
either an interim or permanent position for the first time or following a
severance in employment with the school district; or
(B) A change in the terms and conditions of
an existing contract, excluding:
(i) Any
renewal of a teacher contract under Ark. Code Ann. §7-17- 1506; or
(ii) Renewal of a non-certified
employee's contract that is required by law.
(iii) Movement of an employee on the salary
schedule which does not require board action.
3.20 "Public educational entity" means
Arkansas public school districts, charter schools, educational cooperatives, or
any publicly-supported entity having supervision over public educational
entities. Public educational entity does not include institutions of higher
education.
3.21 "Written
resolution" means the form herein incorporated and attached to these rules and
regulations as Appendix Form F.
4.00 GENERAL PROHIBITION
4.01 No board member, administrator, or
employee of a public educational entity shall knowingly use or attempt to use
his/her official position to secure unwarranted privileges or exemptions for
himself/herself or others.
4.02 No
board member, administrator, or employee of a public educational entity shall
accept employment, contract, or engage in any professional activities for which
a reasonable person might be expected in exchange to disclose confidential
information acquired by the board member, administrator or employee by reason
of his/her official position with the public educational entity.
4.03 No board member, administrator, or
employee shall knowingly disclose any confidential information gained by reason
of his/her position or use such confidential information for his/her personal
gain or benefit.
5.00 TECHNOLOGY PROHIBITION
5.01 All
transactions are prohibited involving the purchase, lease, acquisition or other
use of computers, software, copiers or other electronic devices from family
members of an employee responsible for establishing specifications or approving
purchases of such equipment for the public educational entity which unless
approved according to the public disclosure requirements regarding contracts
with employees of a public educational entity which have a direct interest in
such contracts as provided for in Section 12.00 of these rules and
regulations.
6.00 GENERAL ETHICAL STANDARDS FOR NON-EMPLOYEES
6.01 No person shall attempt by any effort to
influence any public educational entity board member, administrator, or
employee to knowingly violate any provisions of these rules.
6.02 Any person attempting to influence a
public educational entity board member, administrator, or employee to knowingly
violate the provisions of these rules may be subject to the criminal penalties
provided for in Act 1599 of 2001 and the Arkansas criminal
code.
7.00 EMPLOYMENT RESTRICTIONS OF ADMINISTRATORS
7.01 Unless the Commissioner of the Arkansas
Department of Education provides written approval otherwise, administrators are
prohibited from being or becoming the employee, agent or independent contractor
of any party contracting with the public educational entity they serve while
serving as an administrator for that public educational entity.
7.02 Unless the Commissioner of the Arkansas
Department of Education provides written approval otherwise, administrators are
prohibited from engaging in selling or attempting to sell commodities or
services to the public educational entity which employs him/her as an
administrator for one (1) year following the termination of his/her employment
as an administrator for the public educational entity.
8.00 GRATUITIES AND KICKBACKS
8.01 No person may offer, give or agree to
give any board member, administrator, or employee of a public educational
entity a gratuity or an offer of employment in connection with any contract or
transaction with a public educational entity.
8.02 No board member, administrator, or
employee may solicit, demand, accept, or agree to accept from another person or
entity a gratuity or an offer of employment in connection with any contract or
transaction with a public educational entity.
8.03 No person may induce the award of a
contract or transaction with a public educational entity by offering any
payment, gratuity, or offer of employment to be made by or on behalf of a
person or entity directly or indirectly interested in the contract or
transaction with a public educational entity.
9.00 EMERGENCY PURCHASE
9.01 Any emergency purchases or contracts
with a public educational entity shall be exempt from the prohibitions of these
rules.
9.02 Emergency purchases
shall be only those contracts for the preservation of life, health or public
property and shall not be used to substantially improve the condition of an
asset of the public educational entity, the board member, administrator or
employee of the public educational entity prior to the emergency.
9.03 Each public educational entity shall
maintain records and copies of all documentation relating to and supporting a
determination that the transaction qualifies as an emergency purchase for three
(3) years from the date of the emergency purchase.
9.04 Any person attempting to use emergency
purchase to avoid the intent of these rules and regulations shall be guilty of
violating these rules and shall be subject to the penalties provided for in
Section 17.00 of these rules.
10.00 BOARD MEMBERS
General Contracts
10.01 Board members and family members of
board members may not contract with the public educational entity the board
member serves except as allowed by Act 1599 of 2001 and these rules.
10.02 In unusual and limited circumstances,
family members of a board member may contract with the public educational
entity the board member serves after submitting complete and full disclosure of
all relevant facts in a contract disclosure form (Form E) at an open meeting
and a majority of the board members determine that the contract is in the best
interest of the public educational entity and approves a written resolution
(Form F) explaining the unusual circumstances necessitating and justifying the
contract and explaining the restrictions and limitations of the
contract.
10.03 In unusual and
limited circumstances, board members may contract with the public educational
entity they serve after submitting complete and full disclosure of all relevant
facts in a contract disclosure form (Form E) in an open scheduled meeting of
the board and a majority of the board determines that the contract is in the
best interests of the public educational entity and approves a written
resolution (Form F) explaining the unusual circumstances necessitating and
justifying the contract and explaining the restrictions and limitations of the
contract.
10.04 No board member may
participate in the discussion or vote on a contract in which they have a direct
or indirect interest and the board member shall leave the board meeting room
until the discussion and vote on the issue or contract is concluded.
10.05 If a contract with a board member or
board member's family member totals $5,000 or more, the superintendent of the
public educational entity or chief administrator shall seek independent review
and approval of the contract from the Commissioner of the Department in the
following manner:
a. The written resolution
(Form F) along with the contract disclosure form (Form E) shall be fully and
accurately completed and shall be forwarded to the Commissioner by certified
mail to the address listed on the contract disclosure form (Form E) provided by
the Department of Education.
b. The
Commissioner or his designee shall review the contract information and either
approve or disapprove the contract or request additional information and/or
time by responding to the public educational entity within the initial ten (10)
day time period of receipt of the resolution.
c. If approved, the Commissioner shall issue
an approval letter stating all relevant facts and circumstances considered and
establish any restrictions or limitations pertaining to the contract.
d. In no event shall a contract be approved
by the Commissioner for a time period greater than two (2) years.
e. No contract shall be valid until written
approval has been issued by the Commissioner of the Department or the
Commissioner fails to respond to a request for independent review and approval
within the time period of ten (10) days of receipt of a resolution or at a
later time specified by the Commissioner if the Commissioner requests
additional data or time in order to respond to the request for independent
review.
Employment Contracts with Family Members
10.06 A board member's family
member may not be initially employed by the public educational entity the
member serves during the member's tenure of service on the local board for
compensation in excess of five thousand dollars ($5,000) unless the
Commissioner of the Department of Education issues a letter of exemption and
approves the employment contract based on unusual and limited circumstances.
(a) The determination of unusual and limited
circumstances shall be at the sole discretion of the Commissioner of the
Department of Education and may be further defined by rule of the State Board
of Education.
(b) The Commissioner
of the Department of Education's approval of an employment contract may include
restrictions and limitations that are by this subsection incorporated as terms
or conditions of the contract.
(c)
No employment contract that is prohibited under this section is valid or
enforceable by any party to the employment contract until approved in writing
by the Commissioner of the Department of Education.
(d) In order to make a determination
regarding a request for an exemption of the prohibition of a Board Member's
family member being employed by a public school district, the Commissioner may
request additional information to facilitate a review of the documentation.
Items requested may include but are not limited to:
Position Title
Date Position Posted
Place(s) Position Posted
Number of Applications Received
Number of Applicants Interviewed
Date of Interviews
Name of Person Recommended
Salary to be Paid to Applicant Recommended
Length of Contract Offered
The unusual circumstances requiring the hiring of the person
The limited circumstances requiring the hiring of a Board Member's family member
Specific experience or training that makes the applicant the most desirable candidate
10.07 A family member of a school board
member who was employed by the public educational entity during the school year
immediately preceding the election of the board member may continue employment
with the public educational entity under the same terms and conditions of the
previously executed contract and any renewal of the contract under Ark. Code
Ann. §
6-17-1506.
10.08 Subject to the local board's written
policy, a qualified family member of a board member may be employed as a
substitute teacher, substitute cafeteria worker or substitute bus driver for a
period of time not to exceed a total of thirty (30) days per fiscal year for
the public educational entity served by the board member.
10.09 Excluding any renewal of a contract
under Ark. Code Ann. §
6-17-1506,
any change in the terms or conditions of an employment contract, a promotion,
or a change in employment status for a family member of a school board member
employed by a public educational entity that will result in an increase in
compensation of more than two thousand five hundred dollars ($2,500) must be
approved in writing by the Commissioner of the Department of Education before
any change in the terms or conditions of the employment contract or promotion
or changes in employment status are effective, valid or enforceable.
(a) The determination of unusual and limited
circumstances shall be at the sole discretion of the Commissioner of the
Department of Education and may be further defined by rule of the State Board
of Education.
(b) The Commissioner
of the Department of Education's approval of an employment contract may include
restrictions and limitations that are by this subsection incorporated as terms
or conditions of the contract.
(c)
No employment contract that is prohibited under this section is valid or
enforceable by any party to the employment contract until approved in writing
by the Commissioner of the Department of Education.
(d) In order to make a determination
regarding a request for an exemption of the prohibition of a Board Member's
family member being employed by a public school district, the Commissioner may
request additional information to facilitate a review of the documentation.
Items requested may include but are not limited to:
Position Title
Date Position Posted
Place(s) Position Posted
Number of Applications Received
Number of Applicants Interviewed
Date of Interviews
Name of Person Recommended
Salary to be Paid to Applicant Recommended
Length of Contract Offered
The unusual circumstances requiring the hiring of the person
The limited circumstances requiring the hiring of a Board Member's family member
Specific experience or training that makes the applicant the most desirable candidate
10.10 If an employment contract with aboard
member's family member totals $5,000 or more and the local board of the public
educational entity or chief administrator wish to seek independent review and
approval of the contract from the Commissioner of the Department, they should
do so in the following manner:
a. The written
resolution (Form F) along with the contract disclosure form (Form E) shall be
fully and accurately completed and shall be forwarded to the Commissioner by
certified mail to the address listed on the contract disclosure form (Form E)
provided by the Department of Education.
b. The Commissioner or his designee shall
review the contract information and either approve or disapprove the contract
or request additional information and/or time by responding to the public
educational entity within the initial ten (10) day time period of receipt of
the resolution.
c. If approved, the
Commissioner shall issue an approval letter stating all relevant facts and
circumstances considered and establish any restrictions or limitations
pertaining to the contract.
d. In
no event shall a contract be approved by Commissioner for a time period greater
than two (2) years.
e. No contract
shall be valid until written approval has been issued by the Commissioner of
the Department or the Commissioner fails to respond to a request for
independent review and approval within the time period of ten (10) days of
receipt of a resolution or at a later time specified by the Commissioner if the
Commissioner requests additional data or time in order to respond to the
request for independent review.
11.00 ADMINISTRATORS
11.01 Administrators shall not contract with
the public educational entity which employs him/her.
11.02 Administrators may not contract with
any public educational entity except as allowed for by Act 1599 of 2001 and
these rules.
11.03 Administrator
family members may not contract with the public educational entity that employs
the administrator except as allowed for by Act 1599 of 2001 and these
rules.
11.04 Beginning July 1, 2002
no member of an administrator's immediate family or former spouse may be
initially employed as a dispersing officer of the public educational entity
where the administrator is employed unless the Division of Legislative Audit
has submitted a written report on its review of the internal controls,
including the segregation of duties of the public educational entity, to the
Commissioner of the Department and after review of the report, the Commissioner
issues written approval of the initial hiring of the administrator's family
member or former spouse as a dispersing officer of the public educational
entity.
11.05 In unusual and
limited circumstances, an administrator may contract with a public educational
entity other than the entity employing him/her or an administrator's family
member may contract with the public educational entity employing the
administrator but only after:
a. The
administrator makes full and complete disclosure of all relevant facts,
circumstances, interests and relations associated with the contract to the
board of the public educational entity at a scheduled open meeting; and
b. The board determines that the
contract with the administrator's family member is in the best interest of the
public educational entity; and
c.
A majority of the board adopts a written resolution (Form F) approving the
contract and the resolution specifies all relevant facts and circumstances and
states the unusual and limited circumstances justifying and necessitating the
contract and sets forth any restrictions and limitations on the contract; and
d. The board forwards the written
resolution (Form F) and the contract disclosure form (Form E) with all relevant
facts to the Commissioner of the Department pursuant to the procedures set
forth in Section 11.06 of these rules.
11.06 When the board of a public educational
entity approves any contract with the family member of an administrator
employed at that public educational entity and the board has complied with the
requirements of Section 11.05 of these rules, the entity shall then seek
independent review and approval of such contract from the Director in the
following manner:
a. A written resolution
(Form F) of approval along with the contract disclosure form (Form E) shall be
forwarded to the Commissioner by certified mail to the address listed on the
contract disclosure forms (Form E) by the Department; and
b. The Commissioner or his designee shall
review the written resolution (Form F) and contract disclosure form (Form E)
and either approve or disapprove the contract or request additional data and/or
time by responding to the public educational entity within the initial ten (10)
days of receipt of the resolution; and
c. If the contract is approved, the
Commissioner shall issue an approval letter stating all relevant facts and
circumstances considered and shall state any restrictions or limitations
pertaining to the contract.
d. In
no event shall a contract be approved by the Commissioner for a time period
greater than two (2) years.
e. No
contract shall be valid until written approval has been issued by the
Commissioner or the Commissioner fails to respond to a request for independent
review and approval within the time period often (10) days of receipt of the
resolution or a later specified time period if additional data or time is
required by the Commissioner for an independent review.
11.07 The Department and public educational
entity shall maintain a record and copy of all documentation relating to any
contracts between a family member of an administrator and a public educational
entity that employs the family member of an administrator.
11.08 For purposes of these rules and
regulations, the term "contract" does not apply to employment contracts issued
to an administrator of a public educational entity for administrative or other
duties such as, but not limited to, teaching, bus driving, sponsorship of clubs
or activities and officiating school-sponsored athletic activities.
11.09 Administrators are not prohibited from
receiving compensation for conducting seminars or making presentations to
public educational entities other than the public educational entity employing
them.
11.10 Any administrator that
knowingly furnishes false information or knowingly fails to fully disclose all
relevant information as required by Act 1599 of 2001 or these rules and
regulations is in violation of these rules and regulations and shall be subject
to the sanctions and penalties provided for in Section 17.00 of these rules and
regulations.
12.00 EMPLOYEES
12.01 Employees are
prohibited from contracting with the public educational entity which employs
them except as allowed for by Act 1599 of 2001 and these rules.
12.02 In unusual and limited circumstances,
employees may contract with the public educational entity which employs them
after submitting complete and full disclosure of all relevant facts in a
contract disclosure form (Form E) in an open scheduled meeting of the board and
a majority of the board determines that the contract is in the best interest of
the public educational entity and approves a written resolution (Form F)
explaining the unusual circumstances necessitating and justifying the contract
and explaining the restrictions and limitations of the contract.
12.03 If a contract with an employee totals
$5,000 or more, the superintendent of the public educational entity shall seek
independent review and approval of the contract from the Commissioner of the
Department in the following manner:
a. The
written resolution (Form F) along with the contract disclosure form (Form E)
shall be fully and accurately completed and shall be forwarded to the
Commissioner by certified mail to the address listed on the contract disclosure
form (Form E).
b. The Commissioner
or his designee shall review the contract information and either approve or
disapprove the contract or request additional information and/or time by
responding to the public educational entity within the initial ten (10) day
time period of receipt of the written resolution (Form F).
c. If approved, the Commissioner shall issue
an approval letter stating all relevant facts and circumstances considered and
establish any restrictions or limitations pertaining to the contract.
d. In no event shall a contract be approved
by the Commissioner for a time period greater than two (2) years.
e. No contract shall be valid until written
approval has been issued by the Commissioner of the Department or the
Commissioner fails to respond to a request for independent review and approval
of the resolution within the time period often (10) days of receipt of the
resolution or a later time period specified by the Commissioner if additional
data or time is requested to review the resolution.
13.00 EXEMPTION
13.01 For purposes of these
rules and regulations, the term "contract" does not mean "employment contracts"
issued to public educational entity employees for the performance of teaching
or other related duties including, but not limited to, bus driving, substitute
teaching, sponsorship of clubs or activities, or working at school sponsored
events.
13.02 "Employment
contracts" issued to public educational entity employees are exempt from the
requirements of these rules and regulations; regardless of the relation of that
employee to a board member, administrator, or other employee, as long as the
contract between the public educational entity and the employee is solely for
the performance of teaching or other related duties including, but not limited
to, bus driving, substitute teaching, sponsorship of clubs or activities, or
working at school sponsored events.
13.03 Any administrator or employee knowingly
attempting to avoid the requirements of these rules and regulations with regard
to contracting with a public educational entity by falsely claiming an
"employment contract" as described in Section 13.01 and 13.02 shall be subject
to the sanctions and penalties provided for in Section 17.00 of these
rules.
14.00 EDUCATIONAL AWARDS, RECOGNITIONS AND GIFTS
Public educational administrators or employees of public educational entities are not prohibited from receiving monetary or other awards, grants or benefits based upon exceptional skills or exemplary contributions to education as allowed for by Ark. Code Ann. § 21-8-101 et seq. and Act 1599 of 2001.
15.00 REGISTRATION, TRAVEL, CONVENTIONS AND SEMINARS
15.01 Board members,
administrators and employees of a public educational entity are prohibited from
receiving any payment or reimbursement from a vendor for any registration,
travel, lodging, food, entertainment or other expenses not directly associated
with an educational interest or business interest of the public educational
entity.
15.02 Board members,
administrators and employees of a public educational entity are prohibited from
receiving any trip or attending any convention or seminar which is paid for by
a vendor when the purpose for the trip or attendance at the convention or
seminar is not directly associated to an educational interest or business
interest of the public educational entity.
15.03 Board members, administrators and
employees of a public educational entity are prohibited from receiving any gift
or award from any public educational entity except as allowed for by Arkansas
law.
15.04 All public educational
entities shall maintain a record and copy for at least three (3) years of all
documentation relating to payments or reimbursements made by a vendor on behalf
of a board member, administrator or employee for travel, lodging, food,
registration, entertainment, or other expenses when the payments or
reimbursements total $300.00 or more per fiscal year per individual board
member, administrator, or employee.
15.05 Any board member, administrator or
employee of a public educational entity that violates any provisions of these
rules may be subject to the penalties and sanctions provided for in Section
17.00 of the rules.
16.00 FILING STATEMENT OF FINANCIAL INTEREST (FORM I)
16.01 Every board member, superintendent, or
director of a public school or educational cooperative shall timely file a
financial statement of interest (Form I) as required by Ark. Code Ann. §
21-8-701
and Act 1599 of 2001.
16.02 Any
public educational entity employee, administrator or board member required to
file a financial statement of interest (Form I) as required under Arkansas law
who fails to file said financial statement of interest (Form I) shall be in
violation of the provisions of these rules and regulations and may be subject
to the sanctions and penalties provided for in Section 17.00 of these
rules.
17.00 ADMINISTRATIVE SANCTIONS AND PENALTIES
17.01 The Department may consider and review
any alleged violations of the provisions of these rules or the provisions of
Act 1599 of 2001.
17.02 If the
Commissioner or his designee determines that there is adequate evidence of a
violation of these rules, the Commissioner may refer the allegations and
evidence to the Board of Education for administrative review.
17.03 Upon State Board of Education approval
of the request for administrative review of any alleged violations of these
rules, the State Board of Education shall issue a thirty (30) day written
notice to all parties of an administrative hearing to determine if any person
has knowingly violated any provisions of these rules and regulations or
provisions of Act 1599 of 2001 governed by these rules.
17.04 After giving reasonable notice thereof
and conducting an administrative hearing whereby the State Board of Education
considered the presentation of evidence by all parties, the State Board of
Education upon determining that an administrator or employee knowingly violated
provisions of Act 1599 of 2001 or provisions of these rules may administer any
of the following administrative remedies:
(1)
Issue a letter of reprimand; and/or
(2) Suspend or revoke an administrator or
teacher's license for a specified or permanent time period; and/or
(3) Issue a letter of recommendation to a
local board of a public educational entity recommending the local board take
administrative action as provided for pursuant to Act 1599 of 2001;
and/or
(4) Require the Commissioner
of the Department to request that the appropriate prosecuting attorney review
the contract to determine whether there has been criminal violation of any
provisions of Act 1599 of 2001; and/or
(5) Any other administrative remedies allowed
the State Board of Education pursuant to Arkansas law.
17.05 Upon a final administrative decision by
the State Board of Education, a party may seek an appeal of the administrative
decision pursuant to the Arkansas Administrative Procedures Act. Ark. Code Ann.
§
25-15-201 et
seq.
18.00 OTHER LAWS OR REGULATIONS
Nothing in these rules and regulations alters or diminishes any other statutory or regulatory requirements regarding purchasing, contracting, bidding, disposition of property, or other contracts or transactions with public educational entities.
19.00 FORM PROCEDURES AND REQUIREMENTS
19.01 For purposes of
these rules the following attached Forms A -1 are herein incorporated into
these rules as Appendix Forms A -1 and supporting documents.
19.02 A public educational entity shall use
Forms A -1 when such form is specifically required by any section of these
rules.
19.03 A public educational
entity seeking independent review and approval from the Commissioner shall
submit a separate contract disclosure form (Form E) and written resolution
(Form F) of approval for each contract involving a different party or
entity.
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