Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.13-006 - Governing Ethical Guidelines and Prohibitions for Educational Administrators, Employees, Board Members, and Other Parties
Universal Citation: AR Admin Rules 005.23.13-006
Current through Register Vol. 49, No. 9, September, 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
25-15-201 et
seq.
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, open-enrollment
public charter school director, 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 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" 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
"Compensation or other benefits" means any monetary or non-monetary gain
including without limitation, salary, fringe benefits, gratuities and bonuses
received by owners, officers, directors, trustees, partners, managerial
employees, or other executive level employees.
3.07.1 The definition does not include
compensation or other benefits received by the following individuals:
3.07.1.1 Non-managerial or non-executive
level employees
3.07.1.2 Clerical
or other similar hourly compensated employees
3.07.1.3 Individuals who own five percent
(5%) or less interest in a company or entity; and
3.07.1.4 Individuals who own stock or other
equity holdings in any publicly held company.
3.08 "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;
3.09 "Contract
disclosure form" means the form herein incorporated and attached to these rules
as Appendix Form B;
3.10 "Day"
means a working day in which the Arkansas Department of Education is open to
transact official governmental business;
3.11 "Department" means the Arkansas
Department of Education;
3.12
"Directly" or "directly interested" means receiving compensation or other
benefits personally or to an individual's household from the person, business,
or entity contracting with the public educational entity;
3.13 "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;
3.14 "Employee" means a full-time employee or
part-time employee of a public educational entity;
3.15 "Employment contract" means an agreement
or contract between an employer and an employee in which the terms and
conditions of the employment are provided.
3.16 "Family" or "family members" means:
3.16.1 An individual's spouse;
3.16.2 Children of the individual or the
children of the individual's spouse;
3.16.3 The spouse of a child of the
individual or the spouse of a child of the individual's spouse;
3.16.4 Parents of the individual or parents
of the individual's spouse;
3.16.5
Brothers and sisters of the individual or brothers and sisters of the
individual's spouse;
3.16.6 Anyone
living or residing in the same residence or household with the individual or in
the same residence or household with the individual's spouse; or
3.16.7 Anyone acting or serving as an agent
of the individual or as an agent of the individual's spouse.
3.17 "Financial interest" in a
business or other entity means:
3.17.1
Ownership of more than a five percent (5%) interest;
3.17.2 Holding a position as officer,
director, trustee, partner, or other top level management; or
3.17.3 Being an employee, agent, independent
contractor, or having any other arrangement in which the individual's
compensation is based in whole or in part on transactions with the public
educational entity.
3.17.4
"Financial interest" does not include:
3.17.4.1 The ownership of stock or other
equity holdings in any publicly held company; or
3.17.4.2 Clerical or other similar hourly
compensated employees.
3.18 "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;
3.19 "Indirectly" or "indirectly interested"
means that a family member, business, or other entity in which the individual
or family member has a financial interest will receive compensation or
benefits;
3.20 "Initially employed"
means:
3.20.1 Employed in either an interim or
permanent position for the first time or following a severance in employment
with the school district; or
3.20.2
A change in the terms and conditions of any existing contract, excluding:
3.20.2.1 Any renewal of a teacher contract
under Ark. Code Ann. §
6-17-1506;
3.20.2.2 Renewal of a noncertified employee's
contract that is required by law; or
3.20.2.3 Movement of an employee on the
salary schedule that does not require board action.
3.21 "Public educational entity"
means Arkansas public school districts, charter schools, education service
cooperatives, or any publicly-supported entity having supervision over public
educational entities. "Public educational entity" does not include institutions
of higher education.
3.22 "Unusual
and limited circumstances" means, without limitation, those circumstances that
are uncommon, rare and restricted.
3.22.1 For
the purposes of employment contracts, unusual and limited circumstances may
include without limitation, a shortage of qualified candidates.
3.22.2 For contracts and transactions other
than employment contracts, unusual and limited circumstances may include
without limitation: the selected vendor being the only vendor within a
reasonable distance offering the required services; or the selected vendor
offering the lowest bid for prices or services as compared to two (2) or more
other bidders.
3.23
"Written resolution" means the form herein incorporated and attached to these
rules and regulations as Appendix Form C.
4.00 COMPLIANCE WITH OTHER LAWS AND RULES
4.01 Nothing in these rules
alters or diminishes other statutory or regulatory requirements regarding
purchasing, contracting, bidding, disposition of property, or other
transactions with public educational entities.
4.02 Nothing in these rules alters or
diminishes the professional and/or ethical obligations of licensed
personnel.
5.00 GENERAL PROHIBITION
5.01 No board
member, administrator, or employee shall knowingly use or attempt to use his or
her official position to secure unwarranted privileges or exemptions for
himself or others.
5.02 While
serving as a board member, administrator, or employee, an individual shall not
accept employment, contract, or engage in any public or professional activity
that a reasonable person would expect might require or induce him or her to
disclose any information acquired by the member by reason of his or her
official position that is declared by law or regulation to be
confidential.
5.03 No board member,
administrator, or employee shall knowingly disclose any confidential
information gained by reason of his or her position, nor shall the member
knowingly otherwise use such information for his or her personal gain or
benefit.
5.04 Nothing in these
rules prohibits board members, administrators, or employees of public
educational entities from donating services or property to a public educational
entity.
6.00 GENERAL ETHICAL STANDARDS FOR NON-EMPLOYEES
Any effort by a nonemployee to influence a public educational entity board member, administrator, or employee to breach the standards of ethical conduct stated in these rules and Ark. Code Ann. § 6-24-101 et seq. is a breach of ethical standards punishable under the criminal penalties set forth in Ark. Code Ann. § 6-24-101 et seq.
7.00 RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FORMER ADMINISTRATORS
7.01
Unless written approval is granted by the Commissioner it is a breach of
ethical standards for an administrator to be or become the employee, agent, or
independent contractor of any party contracting with the public educational
entity the administrators serve. The Commissioner's approval letter shall be
filed with and maintained by the public educational entity employing the
administrator.
7.02 Unless written
approval is granted by the Commissioner it is a breach of ethical standards for
administrators to engage in selling or attempting to sell commodities or
services to the public educational entity they served or were employed by for
one (1) year following the date employment or service
ceased.
8.00 GRATUITIES AND KICKBACKS
8.01 It is a
breach of the ethical standards for any person to offer, give, or agree to give
any board member, administrator, or employee a gratuity or an offer of
employment in connection with any contract or transaction of a public
educational entity.
8.02 It is a
breach of the ethical standards for any board member, administrator, or
employee to 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 of a public educational entity.
8.03 It is a breach of the ethical standards
for any payment, gratuity, or offer of employment to be made by or on behalf of
a person or an entity as an inducement for the award of a contract or
transaction with a public educational entity.
9.00 EMERGENCY PURCHASES
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 only be used 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 transactions qualify as emergency purchases.
9.04 Any person using emergency purchases to
avoid the intent of these rules shall be guilty of violating these rules and
shall be subject to the penalties provided for in these rules and in Ark. Code
Ann. §
6-24-101 et seq.
10.00
SCHOOL BOARDS
10.01 General Prohibition: Except as
otherwise provided, it is a breach of the ethical standards for a board member
to contract with the public educational entity the member serves if the board
member has knowledge that he or she is directly or indirectly interested in the
contract.
10.02 Employment of
Family Members: 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 issues a letter of exemption and approves the
employment contract based on unusual and limited circumstances.
10.02.1 The determination of unusual and
limited circumstances shall be at the sole discretion of the Commissioner as
further defined by these rules.
10.02.2 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.
10.02.3 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.
10.02.4 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.
10.02.5 The Commissioner's approval of an
employment contract may include restrictions and limitations that are by this
section incorporated as terms or conditions of the contract.
10.02.6 Excluding any renewal of a contract
under Ark. Code Ann. §
6-17-1506, any change in the terms
and 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 before any change in the terms or conditions of the
employment contract or promotion or changes in employment status are effective,
valid, or enforceable.
10.03 Exceptions:
10.03.1 Board Approval: In unusual or limited
circumstances, a public educational entity's board may approve a contract, but
not an employment contract, between the public educational entity and the board
member or the member's family if the board determines that the contract is in
the best interest of the public educational entity.
10.03.1.1 In unusual or limited
circumstances, a public educational entity's board may approve an employment
contract as provided in this section.
10.03.1.2 The approval by the public
educational entity's board shall be documented by written resolution (Form C)
after fully disclosing the reasons justifying the contract or employment
contract in an open meeting. Such disclosure should include without limitation
the contract disclosure form (Form B). The resolution shall state the unusual
and limited circumstances necessitating the contract or employment contract and
shall document the restrictions and limitations of the contract or employment
contract.
10.03.1.3 If any proposed
contract or employment contract is with a family member of a board member or a
board member directly or indirectly interested in the proposed contract or
employment contract, then the board member shall leave the meeting until the
voting on the issue is concluded, and the absent member shall not be counted as
having voted.
10.03.2
Independent Approval: If it appears the total transactions or contracts with
the board member or a family member for a fiscal year total, or will total,
five thousand dollars ($5,000) or more, the superintendent or other chief
administrator of the public educational entity shall forward the written
resolution (Form C) along with all relevant data, including Form B, to the
Commissioner for independent review and approval.
10.03.2.1 The written resolution and other
relevant data shall be sent by certified mail, return receipt requested, or
other method approved by the State Board of Education to assure that adequate
notice has been received by the Department of Education and to provide a record
for the school district board of directors sending the request for
approval.
10.03.2.2 Upon review of
the submitted data for any contract, including an employment contract, the
Commissioner, within twenty (20) days of receipt of the resolution and other
relevant data, shall approve or disapprove in writing the board's
request.
10.03.2.3 The Commissioner
may request additional information or testimony before ruling on a request. If
additional data are needed for a proper determination, the Commissioner shall
approve or disapprove the contract within twenty (20) days of receipt of the
additional requested data.
10.03.2.4 If the Commissioner does not
respond to the public educational entity within the twenty-day period or
request additional time or data for proper review of the contract, the contract
shall be deemed to be approved by the Commissioner.
10.03.2.5 If approved, the Commissioner shall
issue an approval letter stating all the relevant facts and circumstances
considered and any restrictions or limitations pertaining to the approval. The
Commissioner may grant the approval for a particular transaction or contract, a
series of related transactions or contracts, or employment contracts. However,
the approval shall not be granted for a period greater than two (2) complete
and consecutive fiscal years, excluding employment contracts.
10.03.2.6 No contract subject to the
Commissioner's review and approval shall be valid or enforceable until an
approval letter has been issued by the Commissioner or the Commissioner fails
to respond to the public educational entity within the time periods specified
in this section.
10.04 Records: The Department of Education
and the public educational entity shall maintain, under their respective record
retention policies, a record and copy of all documentation relating to
transactions or contracts with board members or members of their
families.
10.05 Providing False or
Incomplete Information: Any board member or other person knowingly furnishing
false information or knowingly not fully disclosing relevant information
necessary for a proper determination by the public educational entity or the
Commissioner shall be guilty of violating the provisions of these rules and
Ark. Code Ann. §
6-24-101 et seq.
10.06 School board members should also be
mindful of the requirements of Ark. Code Ann. §
6-13-616, which prohibits school
board members from being employed by the school district they
serve.
11.00
ADMINISTRATORS
11.01 Except as
otherwise provided, it is a breach of the ethical standards for an
administrator to contract with the public educational entity employing him or
her if the administrator has knowledge that he or she is directly or indirectly
interested in the contract.
11.02
Except as otherwise provided, it is a breach of the ethical standards for an
administrator to contract with any public educational entity if the
administrator has knowledge that he or she is directly interested in the
contract.
11.03 Family Members as
Employees: These rules do not prohibit an administrator's family members from
being employed by the public educational entity the administrator serves or any
other public educational entity. However, a member of an administrator's
immediate family or former spouse may not be initially employed as a disbursing
officer of the public educational entity where the administrator is employed
unless the public educational entity receives written approval from the
Commissioner. Before issuing written approval or denial, the Commissioner shall
request the Division of Legislative Audit to review the internal controls,
including the segregation of duties, present at the public educational entity.
The Division of Legislative Audit shall report its findings to the
Commissioner.
11.04 Exceptions:
11.04.1 In unusual and limited circumstances
and only with prior written approval from the Commissioner, an administrator
may contract with a public educational entity other than the public educational
entity employing him or her.
11.04.2 In unusual and limited circumstances
and only with prior written approval from the Commissioner, an administrator's
family members may contract with a public educational entity employing the
administrator.
11.04.3 An
administrator seeking to contract with other public educational entities, or an
administrator's family member seeking to contract with the public educational
entity employing the administrator, shall first present the request, with all
relevant facts and circumstances justifying approval, to the board currently
employing the administrator at an open meeting. Such request should include
without limitation the contract disclosure form (Form B).
11.04.4 After reviewing the request in an
open meeting, the board may, by written resolution (Form C), approve the
contract subject to approval by the Commissioner. A copy of the approval
resolution (Form C) and all relevant data, including Form B, shall be forwarded
by the board president to the Commissioner.
11.04.4.1 The written resolution and other
relevant data shall be sent by certified mail, return receipt requested, or
other method approved by the State Board of Education to assure that adequate
notice has been received by the Department of Education and to provide a record
for the school district board of directors sending the request for
approval.
11.04.4.2 Upon review of
the submitted data, the Commissioner shall, within twenty (20) days of receipt
of the resolution and other relevant data, approve or disapprove in writing the
board's request.
11.04.4.3 The
Commissioner may request additional information or testimony before ruling on a
request. If additional data is needed for a proper determination, the
Commissioner shall approve or disapprove the contract within twenty (20) days
of receipt of the additional requested data.
11.04.4.4 If the Commissioner does not
respond to the public educational entity within the twenty-day period or
request additional time or data for a proper review of the contract, the
contract shall be deemed to be approved by the Commissioner.
11.04.4.5 If approved, the approval letter
shall state all relevant facts and circumstances considered in the approval and
shall state any restrictions or limitations of the approval. The Commissioner
may grant an approval for a particular transaction or a series of related
transactions. No approval shall be granted for a period greater than two (2)
complete and consecutive fiscal years.
11.04.5 The Department of Education and the
public educational entity shall maintain, under their respective record
retention policies, a record and copy of all documentation relating to an
exemption from the provisions of these rules.
11.04.6 A contract subject to this section is
not valid until the Commissioner:
11.04.6.1
Approves the contract; or
11.04.6.2
Fails to respond to the public educational entity within the time periods
specified in this section.
11.05 Providing False or Incomplete
Information: Any administrator knowingly furnishing false information or
knowingly not disclosing relevant information necessary for a proper
determination by the public educational entity or the Commissioner shall be
guilty of violating the provisions of these rules and Ark. Code Ann. §
6-24-101 et seq.
11.06 "Contract" defined: For the purposes of
this section only, "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, or sponsorship of
clubs or activities.
11.07
Compensation for Officiating Athletic Events: Nothing in this section prohibits
administrators from receiving compensation for officiating school-sponsored
athletic activities with any public education entity.
11.08 Compensation for Conducting Seminars:
Nothing in this section prohibits administrators from receiving compensation
for conducting seminars for, or making presentations to, public educational
entities other than the public educational entity employing
them.
12.00
EMPLOYEES
12.01 Except as otherwise
provided, it is a breach of the ethical standards for an employee to contract
with the public educational entity employing him or her if the employee has
knowledge that he or she is directly interested in the contract.
12.02 Exceptions
12.02.1 Approval by Board: In unusual and
limited circumstances, a public educational entity's board may approve a
contract between the public educational entity and the employee if the board
determines that the contract is in the best interest of the public educational
entity.
12.02.1.1 The approval by the public
educational entity's board shall be documented by written resolution (Form C)
after fully disclosing the reasons justifying the contract in an open meeting.
Such disclosure should include without limitation the contract disclosure form
(Form B). The resolution shall state the unusual circumstances necessitating
the contract and shall document the restrictions and limitations of the
contract.
12.02.1.2 Any board
member directly or indirectly interested in the proposed contract shall leave
the meeting until the voting on the issue is concluded, and the absent member
shall not be counted as having voted.
12.02.2 Independent Approval: If it appears
that the total transactions with an employee for a fiscal year total, or will
total, five thousand dollars ($5,000) or more, the superintendent or other
chief administrator of the public educational entity shall forward the written
resolution (Form C) along with all relevant data, including Form B, to the
Commissioner for independent review and approval.
12.02.2.1 The written resolution and other
relevant data shall be sent by certified mail, return receipt requested, or
other method approved by the State Board of Education to assure that adequate
notice has been received by the Department of Education and to provide a record
for the school district board of directors sending the request for
approval.
12.02.2.2 Upon review of
the submitted data, the Commissioner shall, within twenty (20) days of receipt
of the resolution and other relevant data, approve or disapprove in writing the
board's request.
12.02.2.3 The
Commissioner may request additional information or testimony before ruling on a
request. If additional data is needed for a proper determination, the
Commissioner shall approve or disapprove the contract within twenty (20) days
of receipt of the additional requested data.
12.02.2.4 If the Commissioner does not
respond to the public educational entity within the twenty-day period or
request additional time or data for a proper review of the contract, the
contract shall be deemed to be approved by the Commissioner.
12.02.2.5 If approved, the Commissioner shall
issue an approval letter stating all relevant facts and circumstances
considered and any restrictions or limitations pertaining to the approval. The
Commissioner may grant the approval for a particular transaction or series of
related transactions. However, approval shall not be granted for a period
greater than two (2) complete and consecutive fiscal years.
12.02.2.6 No contract subject to the
Commissioner's review and approval shall be valid or enforceable until an
approval letter has been issued by the Commissioner or the Commissioner fails
to respond to the public educational entity within the time periods specified
in this section.
12.03 Documentation: The Department of
Education and the public educational entity shall maintain, under their
respective record retention policies, a record and copy of all documentation
relating to transactions with employees.
12.04 Providing False or Incomplete
Information: Any employee or other person knowingly furnishing false
information or knowingly not fully disclosing relevant information necessary
for a proper determination by the public educational entity or the Commissioner
shall be guilty of violating the provisions of these rules and of Ark. Code
Ann. §
6-24-101 et seq.
12.05 "Contract" defined: For the purposes of
this section only, the term "contract" does not apply to employment contracts
issued to public educational entity employees or other transactions for the
performance of teaching or other related duties such as, but not limited to,
bus driving, sponsorship of clubs or activities, tutoring, summer school
duties, or working at school sponsored events.
13.00
REIMBURSEMENT OF EXPENSES
Nothing in these rules prevents board members, administrators, or employees from being reimbursed by the appropriate public educational entity for necessary and documented travel or other job-related expenses in accordance with law and school district policy.
14.00
EDUCATIONAL AWARDS,
RECOGNITIONS, GRANTS AND GIFTS
Nothing in these rules prohibits administrators or employees of public educational entities from receiving monetary or other awards, grants, or benefits from entities generally recognized as providing benefits based upon exceptional skills or exemplary contributions to education.
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
16.01 Every board member, public and charter
school superintendent, or executive director of a public school or educational
cooperative shall timely file a financial statement of interest as required by
Ark. Code Ann. §
21-8-701 et seq. The financial
statement of interest and instructions for completing and filing the financial
statement of interest can be found on the website of the Arkansas Ethics
Commission: http://www.arkansasethics.com/.
16.02 Any person required to file a financial
statement of interest as required under Arkansas law who fails to file said
financial statement of interest 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 of
Education may review alleged violations of these rules and of Ark. Code Ann.
§
6-24-101 et seq. If the Department
of Education reviews the allegations and the Commissioner determines that there
is adequate evidence of a violation, the Commissioner may refer the allegations
to the State Board of Education for review. If a licensed educator is alleged
to have violated these rules or Ark. Code Ann. §
6-24-101 et seq., the Commissioner
may refer the allegation(s) against the licensed educator to the Professional
Licensure Standards Board in lieu of following the procedures listed
below.
17.02 Upon the State Board's
approval to review the alleged violation and after reasonable notice in writing
to all parties, the State Board may schedule a hearing to determine whether an
administrator or employee has knowingly violated the provisions of these rules
or Ark Code Ann. §
6-24-101 et seq. At the State Board
hearing, a member of the Arkansas Department of Education or a member of the
Professional Licensure Standards Board staff, as appropriate, shall present the
allegations against the administrator or employee.
17.03 A hearing by the State Board shall be
subject to the following procedures:
17.03.1
Each party will have the opportunity to present an opening statement of no
longer than five (5) minutes, beginning with the representative of the Arkansas
Department of Education or the Professional Licensure Standards Board. 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.
17.03.2 Each
party will be given thirty (30) minutes to present their cases, beginning with
the representative of the Arkansas Department of Education or the Professional
Licensure Standards Board. 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.
17.03.3 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.
17.03.4 For the purposes of the record,
documents offered during the hearing by the Arkansas Department of Education or
the Professional Licensure Standards Board shall be clearly marked in
sequential, numeric order (e.g. 1, 2, 3).
17.03.5 For the purposes of the record,
documents offered during the hearing by the administrator or employee shall be
clearly marked in sequential, alphabetic letters (e.g. A, B, C).
17.03.6 The Arkansas Department of Education
or the Professional Licensure Standards Board shall have the burden of proving
the basis for the violation by a preponderance of the evidence.
17.04 After presentation of all
evidence, if the State Board determines that the administrator or employee
knowingly violated the provisions of these rules, the State Board may provide
any or all of the following administrative remedies:
17.04.1 Issue a letter of reprimand;
or
17.04.2 Suspend or revoke the
administrator's or teacher's Arkansas teaching license for a definite period,
or permanently.
17.05
After reasonable notice and opportunity for a hearing, a board of a public
educational entity may take appropriate administrative remedies against an
administrator or employee that has allegedly violated the provisions of these
rules. If an administrator or employee of a public educational entity is
charged by the prosecuting attorney for a possible violation of this chapter,
the public educational entity's board may, after reasonable notice and
opportunity for a hearing, place the individual charged on leave, with or
without pay, dismiss the individual, or provide any other proper administrative
remedy. If the individual is dismissed by the board due to charges being filed
for an alleged violation of these rules, any employment contracts with the
public educational entity shall be deemed void from the date of the action of
the board.
18.00
NOTICE OF POTENTIAL CRIMINAL PENALTIES
18.01 Any board member, administrator,
employee, or nonemployee who shall knowingly violate the provisions of Ark.
Code Ann. §
6-24-101 et seq. shall be guilty of
a felony.
18.02 Upon pleading
guilty or nolo contendere to or being found guilty of violating the provisions
of Ark. Code Ann. §
6-24-101 et seq., the court shall
order restitution to the public educational entity.
18.03 In addition, the court may fine the
violator in any sum not to exceed the greater of ten thousand dollars ($10,000)
or double the dollar amounts involved in the transactions, sentence the
violator to prison for not more than five (5) years, or impose both a fine and
imprisonment.
19.00
REQUEST FOR REVIEW OF TRANSACTIONS
At the request of a board of a public educational entity, the executive administrator at a public educational entity, the Commissioner, or the Legislative Joint Auditing Committee, the appropriate prosecuting attorney shall review contracts or transactions for compliance with the provisions of Ark. Code Ann. § 6-24-101 et seq.
20.00
BOARD POSITION VACANT UPON
CONVICTION
If a board member is found guilty of violating the provisions of Ark. Code Ann. § 6-24-101 et seq., the board member shall immediately cease to be a board member, the position is declared vacant, and a replacement shall be named as provided by law.
21.00
ENFORCEMENT OF CRIMINAL
SANCTIONS BY THE PROSECUTING ATTORNEY
21.01 It shall be the duty and responsibility
of the prosecuting attorneys to supervise compliance with Ark. Code Ann. §
6-24-101 et seq. and prosecute
violators.
21.02 If the prosecuting
attorney fails or refuses to enforce this chapter when the facts are known by
the prosecuting attorney, or are called to his or her attention, the Attorney
General or any citizen of this state may bring mandamus proceedings to compel
the prosecuting attorney to perform his or her duties.
21.03 All criminal actions related to alleged
violations of this chapter shall be filed in circuit court and shall be subject
to the criminal rules and procedures of this state.
22.00
FORM PROCEDURES AND
REQUIREMENTS
22.01 For purposes of
these rules the following attached Forms A - C are herein incorporated into
these rules as Appendix Forms A - C and supporting documents.
22.02 A public educational entity shall use
Forms A - C when such form is specifically required by any section of these
rules.
22.03 A public educational
entity seeking independent review and approval from the Commissioner shall
submit a separate contract disclosure form (Form B) and written resolution
(Form C) of approval for each contract involving a different party or entity.
A NOTIFICATION LETTER
(Date)
Dear Board Members, Administrators and Employees:
A.C.A. § 6-24-101 et seq. requires full open disclosure and approval before a school district board member, administrator or employee may enter into contracts or other transactions with the school district where he/she serves or is employed.
A.C.A. § 6-24-101 et seq. does not apply to reimbursements paid for proper work-related expenses. However, in the case of hiring family members of administrators and/or board members, the district must meet all requirements set forth in A.C.A. § 6-24-101 et seq.
A.C.A. § 6-24-101 et seq. applies when the board member, administrator or school employee is "financially interested" or "directly interested" in the transaction. "Financially interested" means ownership or more than 5% interest; holding a position of officer, director, trustee, partner, or top level management; and/or the employee's compensation is based in whole or in part on transactions with the public education entity. For board members and administrators, restrictions may also apply to family members. "Directly interested" means receiving compensation or other benefits personally or to an individual's household from the person, business, or entity contracting with the public educational entity.
Therefore, board members, administrators and employees of this district have an affirmative obligation under A.C.A. § 6-24-101 et seq. to disclose relationships with vendors before the district enters into the contract or before services are performed. Disclosure is to be made to the superintendent of the district. Forms for this purpose will be provided by the district.
All transactions 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 shall be approved according to the requirements of Arkansas law regarding the purchase from an employee with a direct interest in the transaction.
A.C.A. § 6-24-101 et seq. requires proper disclosure and approval of the transaction at an open board meeting. In certain instances, approval by the Commissioner of the Department of Education is required.
Therefore, every district board member, administrator or employee will be required to disclose any potential vendor relationship by completing a disclosure form provided by the district. Failure to fully disclose could result in criminal charges being brought against the board member, administrator or employee. A copy of A.C.A. § 6-24-101 et seq. is available in the central office if you wish to review it. The law may also be viewed at www.arkleg.state.ar.us.
Sincerely,
Superintendent
Please sign below to acknowledge receipt of this notification.
__________________________________
Board Member, Administrator or Employee
__________________________________
Date
B
C
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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