Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.11-005 - ADE 315: Rules Governing Background Checks and Licensure Revocation
Universal Citation: AR Admin Rules 005.23.11-005
Current through Register Vol. 49, No. 9, September, 2024
1.00 REGULATORY AUTHORITY AND PURPOSE
1.01
These rules shall be known as Arkansas Department of Education Rules Governing
Background Checks and License Revocation.
1.02 The State Board of Education enacts
these Rules pursuant to its authority as set forth in Ark. Code Ann.
§§
6-11-105,
6-17-410,
6-17-411,
6-17-414,
6-17-421, and
25-15-201
etseq.
1.03 It is
the purpose of these rules to set forth the requirements for a criminal
background check and a Child Maltreatment Central Registry check for:
1.03.1 Each first-time applicant for a
license issued by the State Board of Education;
1.03.2 Each applicant for his or her first
license renewal after July 1, 1997;
1.03.3 Each applicant for initial employment
in a licensed staff position with a public school district or open-enrollment
public charter school; and
1.03.4
Each applicant for initial employment or non-continuous reemployment in a
non-licensed staff position with a public school district, open-enrollment
public charter school, or education service cooperative.
1.04 It is further the purpose of these rules
to prescribe the procedure for revocation, suspension, or placing on probation
of an educational license.
1.05 It
is further the purpose of these rules to clarify whose criminal records check
and Child Maltreatment Central Registry check fees shall be paid by the
Department of Education.
1.06 It is
further the purpose of these rules to clarify that superintendents and charter
school directors shall have the responsibility of reporting licensure
violations of teachers and fraudulent acts by Fiscal Officers to the State
Board.
2.00 DEFINITIONS
For the purposes of these rules:
2.01 "Affected District" - A public school
district that loses territory or students as a result of annexation,
consolidation, or detachment.
2.02
"Applicant" - Includes any individual:
2.02.1
Applying for his or her first license to be issued by the State Board of
Education;
2.02.2 Applying for his
or her first license renewal;
2.02.3 Seeking initial employment in a
licensed staff position with a public school district or open-enrollment public
charter school;
2.02.4 Seeking
initial employment or non-continuous reemployment in a non-licensed staff
position with a public school district, open-enrollment public charter school,
or education service cooperative;
2.02.5 Seeking initial employment as a Fiscal
Officer of a public school district or open-enrollment public charter school;
or
2.02.6 Seeking registered
volunteer status pursuant to the Arkansas Registered Volunteers Program Act,
Ark. Code Ann. §
6-22-101
etseq.
2.03 "Breach of Fiduciary Trust" - the
wrongful misappropriation by a person of any fund or property, which had
lawfully been committed to him or her in a fiduciary character.
2.04 "Department" - Arkansas Department of
Education.
2.05 "Employment" -
Includes any contract of hire, whether written or oral, whether express or
implied, for any type of work on behalf of an educational entity, whether
full-time or part-time, and whether permanent or temporary.
2.05.1 "Employment" also specifically
includes without limitation:
2.05.1.1 Service
as a substitute teacher, whether paid or unpaid;
2.05.1.2 Student teacher internships, whether
paid or unpaid; and
2.05.1.3
Volunteer work pursuant to the Arkansas Registered Volunteers Program Act, Ark.
Code Ann. §
6-22-101
etseq.
2.06 "Fiscal Officer" - Any licensed or
non-licensed employee of a public school district, open-enrollment public
charter school, or education service cooperative who has any right, duty, or
responsibility to access funds of a school district in excess of five thousand
dollars ($5,000), specifically including without limitation superintendents,
Fiscal Officers and bookkeepers.
2.07 "Fraud" - All acts, omissions and
concealments involving a breach of a legal or equitable duty and resulting in
damage to another.
2.08 "Fraudulent
Act" - An act:
2.08.1 Performed willfully and
with the specific intent to deceive or cheat for the purpose of either causing
some financial loss to another or bringing about some financial gain to the
actor; and
2.08.2 For which the
actor has pleaded guilty or nolo contendere to or has been found guilty by any
court in this state, by a court in another state, or by a federal
court.
2.09 "Initial
employment" means the first time that an applicant has been employed by a
public school district, open-enrollment public charter school, or education
service cooperative.
2.10 "Law
enforcement officer" - A state police officer, a city police officer, a sheriff
or a deputy sheriff.
2.11 "Letter
of provisional eligibility" - A six-month, non-renewable letter of provisional
eligibility for licensure issued by the State Board of Education to an
applicant for first-time licensure during the period that a criminal records
check and Child Maltreatment Central Registry check are being
conducted.
2.12 "Non-continuous
reemployment" means employment in a public school district, open-enrollment
public charter school, or education service cooperative by an applicant who was
previously employed by the same entity but not at any point during the
immediately preceding school year.
2.13 "Non-licensed staff position" means a
position with a public school district, open-enrollment public charter school,
or education service cooperative, which position does not require the holder of
the position to possess an Arkansas teacher's license.
2.14 "Receiving or resulting public school
district" - A public school district that is created or gains territory or
students as the result of a consolidation, annexation, or detachment.
2.15 "State Board" - Arkansas State Board of
Education.
3.00 LICENSURE, LICENSE RENEWALS, AND LICENSE REVOCATION
3.01 Unless a waiver is granted pursuant to
this Section 3.0, the State Board shall not issue a license or license renewal
to, and shall revoke, suspend, or place on probation the existing license of,
any individual who:
3.01.1 Has pled guilty,
pled nolo contendere to, or been found guilty of any offense that will or may
result in license revocation under Ark. Code Ann. §
6-17-410;
3.01.2 Has an expunged or a pardoned
conviction for any sexual or physical abuse offense committed against a child
or any offense that will or may result in license revocation under Ark. Code
Ann. §
6-17-410;
3.01.3 Has a true report in the Child
Maltreatment Central Registry;
3.01.4 Holds a teaching or similar license
obtained by fraudulent means;
3.01.5 Has had a teaching or similar license
revoked in another state;
3.01.6
Intentionally compromises the validity or security of any student test or
testing program administered by or required by the state board or the
Department of Education;
3.01.7 Has
the completed examination test score of any testing program required by the
state board for teacher licensure declared invalid by the testing program
company and so reported to the Department of Education by the testing
company;
3.01.8 Fails to establish
or maintain the necessary requirements and standards set forth in Arkansas law
or state board rules and regulations for teacher licensure;
3.01.9 Knowingly submits or provides false or
misleading information or knowingly failing to submit or provide information
requested or required by law to the Department of Education, the state board,
or the Division of Legislative Audit; or
3.01.10 Knowingly falsifies or directs
another to falsify any grade given to a student, whether the grade was given
for an individual assignment or examination or at the conclusion of a regular
grading period.
3.02
Before denying an application for licensure or renewal, the Department shall
provide to the Applicant or licensee a written notice of the reason for the
action and shall afford the Applicant or licensee the opportunity to request a
hearing before the State Board.
3.02.1 A
written request for hearing by the Applicant or local public school district
board of directors must be received by the Department's Office of Legal
Services no more than thirty (30) days after the receipt of the notice of
denial or nonrenewal by the Applicant.
3.02.2 Upon written notice that an
application for licensure or license renewal is being denied for a cause set
forth, a person may:
3.02.2.1 Decline to
answer the notice, in which case the application for licensure or license
renewal will be deemed denied no less than thirty (30) days after the receipt
of the notice of denial or nonrenewal by the Applicant;
3.02.2.2 Contest the allegations of fact and
request a hearing in writing, in which case the person shall be given an
evidentiary hearing before the state board if one is requested;
3.02.2.3 Admit the allegations of fact and
request a hearing before the state board to request a waiver; or
3.02.2.4 Stipulate or reach a negotiated
agreement, which must be approved by the state board.
3.02.2.5 If the person requesting a hearing
fails to appear at the hearing, the hearing shall proceed in the manner
described in Section 3.02.2.1 above.
3.03 Before taking action against an existing
license, the State Board shall provide by certified mail to the licensee a
written notice of the reason for the action and the time, date, and location
when the State Board will consider revocation.
3.03.1 A written request for hearing by a
licensee or a local public school district's board of directors must be
received by the Department's Office of Legal Services no more than thirty (30)
days after the receipt of the notice of revocation by the licensee.
3.03.2 Upon written notice that a revocation,
suspension, or probation is being sought by the State Board for a cause set
forth, a person may:
3.03.2.1 Decline to
answer the notice, in which case the State Board may take action based upon
proof submitted by the Department, if the State Board determines by a
preponderance of the evidence that cause for the proposed action
exists;
3.03.2.2 Contest the
allegations of fact and request a hearing in writing, in which case the person
shall be given an evidentiary hearing before the state board if one is
requested;
3.03.2.3 Admit the
allegations of fact and request a hearing before the State Board in mitigation
of any penalty that may be assessed; or
3.03.2.4 Stipulate or reach a negotiated
agreement, which must be approved by the State Board.
3.03.2.5 If the person requesting the hearing
fails to appear at the hearing, the hearing shall proceed in the manner
described in Section 3.03.2.1 above.
3.04 Circumstances for which a waiver may be
granted after a hearing pursuant to Sections 3.02 or 3.03 shall include without
limitation the following:
3.04.1 The age at
which the crime or incident was committed;
3.04.2 The circumstances surrounding the
crime or incident;
3.04.3 The
length of time since the crime or incident;
3.04.4 Subsequent work history;
3.04.5 Employment references;
3.04.6 Character references; and
3.04.7 Other evidence demonstrating that the
applicant does not pose a threat to the health or safety of school children or
school personnel.
3.05
After a hearing, the State Board may choose to:
3.05.1 Revoke a license
permanently;
3.05.2 Suspend a
license for a terminable period of time or indefinitely;
3.05.3 Place or grant a license on
probationary status for a terminable period of time with the license to be
revoked or suspended if the probationary period is not successfully
completed;
3.05.4 Impose a monetary
penalty not to exceed five hundred dollars ($500.00) for each
violation;
3.05.5 Require a
licensee to complete appropriate professional development programs, education
courses, or both;
3.05.6 Require a
licensee to successfully complete a licensing examination, credentialing
examination, or any other examination required by law or rule to obtain a
permit, license, endorsement, or licensure area;
3.05.7 Impose conditions or restrictions on
the teaching or educational activities of the licensee;
3.05.8 Impose any other requirement or
penalty as may be appropriate under the circumstances of the case and which
would achieve the Board's desired disciplinary purposes, but which would not
impair the public health or welfare; or
3.05.9 Take no action against a
license.
3.06 Any
hearing shall comply with the procedures set forth in Section 8.00
herein.
4.00 BACKGROUND CHECKS REQUIRED FOR LICENSURE AND SCHOOL EMPLOYMENT
4.01 Except as otherwise provided herein, no
Applicant may be issued a first-time license or first-time license renewal, nor
may an Applicant be employed by a public school district or open-enrollment
public charter school, without the successful completion of a criminal records
check and the successful completion of a Child Maltreatment Central Registry
check as required by these Rules.
4.02
Applicants for a first-time
license issued by the State Board:
4.02.1 Each first-time Applicant for a
license issued by the State Board shall be required to apply to:
4.02.1.1 The Identification Bureau of the
Department of Arkansas State Police for a criminal records check; and
4.02.1.2 The Department of Human Services for
a Child Maltreatment Central Registry check.
4.02.2 The State Board may issue a six-month,
non-renewable letter of provisional eligibility for licensure to a first-time
applicant meeting all other qualifications, pending the results of the
nationwide criminal records and Child Maltreatment Central Registry
checks.
4.02.3 The Commissioner of
Education may extend the period of provisional eligibility to the end of the
contract year if:
4.02.3.1 The applicant is
employed by a public school district or open-enrollment public charter school;
and
4.02.3.2 Results of the
nationwide criminal records check or Child Maltreatment Central Registry check
are delayed.
4.02.4 The
letter of provisional eligibility will immediately become invalid upon receipt
of information obtained from the criminal records check from the Arkansas State
Police or the FBI, or other eligibility information, indicating that the
applicant has pled guilty or nolo contendere to, or has been found guilty of,
any offense that will or may result in license revocation under Ark. Code Ann.
§
6-17-410.
4.02.5 The Applicant shall be responsible for
the payment of any fees associated with the criminal records check and Child
Maltreatment Central Registry check.
4.03
Applicants for a first-time
license renewal:
4.03.1 Each Applicant
for his or her first license renewal after July 1, 1997, shall be required to
apply to:
4.03.1.1 The Identification Bureau
of the Department of Arkansas State Police for a criminal records check;
and
4.03.1.2 The Department of
Human Services for a Child Maltreatment Central Registry check.
4.03.2 The Department shall pay
from the Public School Fund any fee associated with the criminal records check
at the time of first-time license renewal for employees of:
4.03.2.1 Arkansas public school
districts;
4.03.2.2 Arkansas
open-enrollment public charter schools;
4.03.2.3 Other public education institutions
located in Arkansas; and
4.03.2.4
The Arkansas Department of Education.
4.03.3 For all other Applicants, the
Applicant shall be responsible for the payment of any fees associated with the
criminal records check and Child Maltreatment Central Registry check.
4.04
Applicants for
employment in a licensed staff position:
4.04.1 Each Applicant for initial employment
or non-continuous reemployment in a licensed staff position for a public school
district or open-enrollment public charter school shall be required as a
condition of employment to apply to:
4.04.1.1
The Identification Bureau of the Department of Arkansas State Police for a
criminal records check; and
4.04.1.2 The Department of Human Services for
a Child Maltreatment Central Registry check.
4.04.2 The board of directors of a receiving
or resulting public school district in a consolidation, annexation, or
detachment may waive the requirements of this Section 4.04 for personnel who
were employed by an affected district immediately prior to the annexation,
consolidation, or detachment and who had a complete criminal records check
conducted as a condition of the person's most recent employment with the
affected district as required under this section.
4.04.3 A public school district or
open-enrollment public charter school shall not employ in a licensed staff
position any individual who has a true report in the Child Maltreatment Central
Registry, unless the State Board granted a waiver by awarding a license or
renewal under Section 3.00 herein.
4.04.4 A public school district or
open-enrollment public charter school shall not employ in a licensed staff
position any individual who has pled guilty, pled nolo contendere to, or been
found guilty of any offense that will or may result in license revocation under
Ark. Code Ann. §
6-17-410, unless the State Board
granted a waiver by awarding a license or renewal under Section 3.00
herein.
4.04.5 A public school
district or open-enrollment public charter school may offer provisional
employment to an affected Applicant pending receipt of the results of the
nationwide criminal records or Child Maltreatment Central Registry
checks.
4.04.6 The Applicant shall
be responsible for the payment of any fees associated with the criminal records
check and Child Maltreatment Central Registry check, unless the employing
public school district or open-enrollment public charter school's board of
directors chooses to pay the fees.
4.05
Applicants for employment in a
non-licensed staff position:
4.05.1
Each Applicant for initial employment or non-continuous reemployment in a
non-licensed staff position for a public school district, open-enrollment
public charter school, or education service cooperative, shall be required as a
condition of employment to apply to:
4.05.1.1
The Identification Bureau of the Department of Arkansas State Police for a
criminal records check; and
4.05.1.2 The Department of Human Services for
a Child Maltreatment Central Registry check.
4.05.2 The board of directors of a receiving
or resulting public school district in a consolidation, annexation, or
detachment may waive the requirements of this Section 4.05 for personnel who
were employed by an affected district immediately prior to the annexation,
consolidation, or detachment and who had a complete criminal records check
conducted as a condition of the person's most recent employment with the
affected district as required under this section.
4.05.3 A public school district,
open-enrollment public charter school, or education service cooperative shall
not employ in a non-licensed staff position any individual who has a true
report in the Child Maltreatment Central Registry.
4.05.3.1 If an applicant for employment has
been determined ineligible for employment because the applicant has a true
report in the Child Maltreatment Central Registry, the local school board of
directors shall provide a written notice to the applicant and shall afford the
applicant the opportunity to request a waiver.
4.05.3.2 The waiver shall be requested no
more than thirty (30) days after receipt of the notice of the denial of
employment.
4.05.3.3 The waiver may
be requested by:
4.05.3.3.1 The hiring
official;
4.05.3.3.2 The affected
applicant; or
4.05.3.3.3 The person
subject to dismissal.
4.05.3.4 Circumstances for which a waiver may
be granted shall include without limitation the following:
4.05.3.4.1 The age at which the incident was
committed;
4.05.3.4.2 The
circumstances surrounding the incident;
4.05.3.4.3 The length of time since the
incident;
4.05.3.4.4 Subsequent
work history;
4.05.3.4.5 Employment
references;
4.05.3.4.6 Character
references; and
4.05.3.4.7 Other
evidence demonstrating that the applicant does not pose a threat to the health
or safety of school children or school personnel.
4.05.4 A public school district,
open-enrollment public charter school, or education service cooperative shall
not employ in a non-licensed staff position any individual who has pled guilty
or nolo contendere to, or has been found guilty of, any offense identified in
Ark. Code Ann. §
6-17-414(b).
4.05.5 A public school district,
open-enrollment public charter school, or education service cooperative may
offer provisional employment to an affected Applicant pending receipt of the
results of the nationwide criminal records or Child Maltreatment Central
Registry checks.
4.05.6 The
Applicant shall be responsible for the payment of any fees associated with the
criminal records check and Child Maltreatment Central Registry check, unless
the board of directors of the employing public school district, open-enrollment
public charter school, or education service cooperative chooses to pay the
fees.
4.05.7 Notwithstanding the
provisions of Section 4.05.6, a public school district or open-enrollment
public charter school may at its discretion require criminal records checks and
Child Maltreatment Central Registry checks of existing non-licensed employees
in the same manner as set forth herein, so long as the district or school pays
the full cost of the criminal records checks and Child Maltreatment Central
Registry checks.
5.00 BACKGROUND CHECK PROCEDURES
5.01 The criminal records check and Child
Maltreatment Central Registry check required by these Rules shall be initiated
by the submission to the Department of a release of information signed by the
Applicant.
5.01.1 For the purposes of these
Rules, a criminal records check shall consist of a statewide criminal records
check to be conducted by the Department of Arkansas State Police and a
nationwide criminal records check to be conducted by the Federal Bureau of
Investigation.
5.01.2 Criminal
records checks shall conform to the applicable federal or state standards and
shall include the taking of fingerprints. The Identification Bureau of the
Department of Arkansas State Police may maintain these fingerprints in the
automated fingerprint identification system.
5.01.3 Each applicant shall complete the
State Police fingerprint card in the presence of a law enforcement officer, and
shall have the law enforcement officer sign the fingerprint card and give
his/her jurisdiction, the date and his/her badge number.
5.01.4 If a legible set of fingerprints, as
determined by the Identification Bureau of the Department of Arkansas State
Police, cannot be obtained after a minimum of three (3) attempts, the
Department or the local public school district shall determine eligibility for
licensure or employment based upon a name check by the Identification Bureau of
the Department of Arkansas State Police and the Federal Bureau of
Investigation.
5.01.5 To be valid
for consideration, a criminal records check or Child Maltreatment Central
Registry check must have been completed no earlier than twelve (12) months
prior to the application for licensure, renewal, or employment.
5.02 Any information received by
the Department from the Department of Arkansas State Police, the Department of
Human Services, or the Federal Bureau of Investigation pursuant to these Rules
shall not be available for examination except by the affected applicant or his
or her duly authorized representative, and no record, file, or document shall
be removed from the custody of the Department of Education.
5.02.1 Any information made available to the
affected applicant for licensure or the person whose license is subject to
revocation shall be information pertaining to that applicant only.
5.02.2 Rights of privilege and
confidentiality established under this section shall not extend to any document
created for purposes other than this background check.
5.02.3 For Applicants seeking employment, the
Department may disclose to the employing public school district,
open-enrollment public charter school, or education service cooperative only
whether the Applicant is eligible for employment.
5.03 Employees of a public school district,
open-enrollment public charter school, or education service cooperative,
whether new or existing, who have a contract with or work for more than one (1)
school district in one (1) school year shall be required to have only one (1)
criminal records check and one (1) Child Maltreatment Central Registry check to
satisfy the requirements of all employing school districts for that
year.
6.00 REPORTING REQUIREMENTS FOR SUPERINTENDENTS AND CHARTER SCHOOL DIRECTORS
6.01 The superintendent of each public school
district and the director of each open-enrollment public charter school shall
report in writing by certified mail to the Department's Office of Legal
Services the name of any employee of the district or school, whether currently
employed or previously employed at any time during the two (2) preceding school
years, who:
6.01.1 Has pled guilty or nolo
contendere, or has been found guilty, of any offense listed in Ark. Code Ann.
§§
6-17-410(c) or
6-17-414(b);
6.01.2 Holds a teaching or similar license
obtained by fraudulent means;
6.01.3 Has had a teaching or similar license
revoked in another state;
6.01.4
Has intentionally compromised the validity or security of any student test or
testing program administered or required by the Department;
6.01.5 Has knowingly submitted falsified
information or failed to submit information requested or required by law to the
Department, the State Board, or the Division of Legislative Audit; or
6.01.6 Has a true report in the Child
Maltreatment Central Registry.
6.02 The superintendent of each public school
district and the director of each open-enrollment public charter school shall
report in writing by certified mail to the Department's Office of Legal
Services the name of any Fiscal Officer of the district or school, whether
currently employed or previously employed at any time during the two (2)
preceding school years, who has pled guilty or nolo contendere to, or has been
found guilty of, a fraudulent act.
6.03 Failure of a superintendent to report a
violation by certified mail within five (5) calendar days of knowledge as
listed in Section 6.01 may result in sanctions imposed by the State Board,
including but not limited to loss of accreditation.
7.00 FISCAL OFFICERS
7.01 In addition to the requirements of
Section 4.00, a public school district, open-enrollment public charter school,
or education service cooperative shall not employ as a Fiscal Officer any
individual who has pled guilty or nolo contendere to, or has been found guilty
of, a fraudulent act.
7.02 A
currently-employed Fiscal Officer of a public school district or
open-enrollment public charter school who has pled guilty or nolo contendere
to, or has been found guilty of, a fraudulent act shall be dismissed from
employment with the district or school.
7.02.1 Within five (5) days of knowledge of
the plea or conviction, the district or school shall serve written notice of
termination on the Fiscal Officer in person or by certified mail. The notice
shall advise the Fiscal Officer of his or her right to a hearing before the
State Board.
7.02.2 The Fiscal
Officer may, within thirty (30) days of service of the written notice of
termination, request a hearing before the State Board by sending a written
request via certified mail to the Department's Office of Legal
Services.
7.02.3 If the Fiscal
Officer does not timely request a hearing before the State Board, termination
shall become effective thirty (30) days after the date of service of the
written notice of termination.
7.02.4 Termination of employment pursuant to
this subsection shall not be subject to the requirements of the Teacher Fair
Dismissal Act, Ark. Code Ann. §
6-17-1501
et seq.
or the Public School Employee Fair Hearing Act, Ark. Code Ann. §
6-17-1701
etseq.
7.03 Any individual found ineligible for
employment or dismissed from employment under Section 7.00 may, within thirty
(30) days of service of the written notice of denial of employment or written
notice of termination, request a hearing before the State Board by sending a
written request via certified mail to the Department's Office of Legal
Services.
7.04 Circumstances for
which a waiver may be granted shall include without limitation the following:
7.04.1 The age of the Fiscal Officer at the
time the criminal act occurred;
7.04.2 The length of time since the
conviction;
7.04.3 Whether the
Fiscal Officer has pled guilty or nolo contendere to, or has been found guilty
of, any other criminal violations since the original conviction;
7.04.4 Whether the original conviction was
expunged or pardoned; and
7.04.5
Any other relevant facts.
7.05 The hearing shall follow the procedures
set forth in Section 8.00 of these Rules.
7.06 After making its decision, the State
Board shall reduce its decision to writing and shall mail copies of the
decision to the Fiscal Officer or Applicant and the Superintendent of the
affected school district.
8.00 STATE BOARD HEARING PROCEDURES
8.01 Each party will have
the opportunity to present an opening statement of no longer than five (5)
minutes, beginning with the representative of the Department of Education. The
Chairperson of the State Board may, only for good cause shown and upon the
request of either party, allow either party additional time to present their
opening statements.
8.02 Each party
will be given forty (40) minutes to present their cases, beginning with the
representative of the Department of Education. The Chairperson of the State
Board may, only for good cause shown and upon the request of either party,
allow either party additional time to present their cases.
8.03 Every witness giving oral testimony must
be sworn under oath by the court reporter and shall be subject to direct
examination, cross examination, and questioning by the State Board.
8.04 For the purposes of the record,
documents offered during the hearing by the Department of Education shall be
clearly marked in sequential, numeric order (1,2,3).
8.05 For the purposes of the record,
documents offered during the hearing by the appealing public school district,
open-enrollment public charter school, Applicant, or licensee shall be clearly
marked in sequential, alphabetic letters (A, B, C).
8.06 The Department of Education shall have
the burden of proving, by a preponderance of the evidence, that cause for the
proposed licensure action exists, and that the recommended disposition from the
Department be adopted.
8.07 While
the scope of each party's presentation ultimately lies within the Board
Chairperson's discretion, case presentation should be arranged in such a way as
to avoid redundant testimony.
8.08
After both parties have presented their cases, the State Board may allow each
party to present limited rebuttal testimony.
8.09 After making its decision, the State
Board shall reduce its decision to writing and shall mail copies of the
decision to each party, each party's attorney, and the superintendent or
director of any interested public school district or open-enrollment public
charter school.
8.10 The Board's
written decision shall constitute the final agency action for purposes of
judicial review pursuant to the Arkansas Administrative Procedure Act, Ark.
Code Ann. §
25-15-201
et
seq.
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