Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.24-006 - DESE Rule Governing the Student Protection Act
Universal Citation: AR Admin Rules 005.28.24-006
Current through Register Vol. 49, No. 9, September, 2024
1.0 REGULATORY AUTHORITY
1.1 These Rules shall be known as the
Division of Elementary and Secondary Education Rules Governing the Arkansas
Student Protection Act.
1.2 These
Rules are enacted pursuant to the Arkansas State Board of Education's authority
under Ark. Code Ann. §
6-18-2201
et
seq.
2.0 DEFINITIONS
2.1 "Abortion" means
the act of using or prescribing an instrument, medicine, drug, device, or other
substance or means with the intent to terminate the clinically diagnosable
pregnancy of a woman with knowledge that the termination by those means will
with reasonable likelihood cause the death of the unborn child. "Abortion" does
not include an action taken with the intent to:
2.1.1 Save the life of the mother;
2.1.2 Save the life or preserve the health of
the unborn child;
2.1.3 Remove a
dead unborn child caused by spontaneous abortion; or
2.1.4 Remove an ectopic pregnancy.
2.2 "Abortion referral" means the
act of recommending a pregnant woman to a doctor, clinic, or other person or
entity for the purpose of obtaining or learning about obtaining an
abortion.
2.3 "Affiliate" means an
individual or entity that, directly or indirectly, owns, controls, is
controlled by, or is under the common control of another person or entity, in
whole or in part, or a subsidiary, parent, or sibling entity.
2.4 "Division" means the Division of
Elementary and Secondary Education.
2.04 "Transaction" means a formal or informal
agreement, contract, or arrangement of any kind between a public school or
open-enrollment public charter school and a private entity, regardless of
whether the private entity or the public school or open-enrollment public
charter school receives anything of value in return.
3.0 PROHIBITED TRANSACTIONS AND ENFORCEMENT
3.1 A public school or
open-enrollment public charter school shall not knowingly enter into any type
of transaction with an individual or entity that:
3.01.1 Performs abortions;
3.01.2 Induces abortions;
3.01.3 Provides abortions; or
3.01.4 Offers or provides abortion
referrals.
3.2. Each
public school and open-enrollment public charter school shall promulgate
policies for the implementation of these Rules and Ark. Code Ann. §
6-18-2201
et
seq.
3.3 A public school
or open-enrollment public charter school that knowingly violates these Rules
and Ark. Code Ann. §
6-18-2201
et seq.
shall, at the direction of the Division or the State Board of Education, appear
before the State Board at its next regularly scheduled meeting, for the purpose
of determining:
3.3.1 Why these Rules and
Ark. Code Ann. §
6-18-2201
et seq.
were violated; and
3.3.2 How to
prevent a violation of these Rules and Ark. Code Ann. §
6-18-2201
et seq.
in the future.
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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