Ark. Code Ann. » Title 6 Chapter 17
Arkansas Code Annotated

Ark. Code Ann. § 6-17-1703 (2026)

Termination or nonrenewal — Notice

✓ current as of May 2026
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  1. The superintendent of a school district may recommend termination of an employee during the term of any contract or the nonrenewal of a full-time nonprobationary employee's contract provided that he or she gives notice in writing, personally delivered or by letter posted by registered or certified mail to the employee's residence address as reflected in the employee's personnel file.
  2. The recommendation of nonrenewal of a full-time nonprobationary employee's contract shall be made no later than thirty (30) calendar days before the beginning of the employee's next contract period.
  3. Such written notice shall include a statement of the reasons for the proposed termination or nonrenewal.
  4. The notice shall further state that an employee being recommended for termination or a full-time nonprobationary employee being recommended for nonrenewal is entitled to a hearing before the school district board of directors upon request provided that the request is made in writing to the superintendent within twenty-five (25) calendar days from receipt of the notice.
  5. It is the public policy of the State of Arkansas that employees, as defined in this subchapter, shall not be considered “at will” employees with regard to the termination of their employment, notwithstanding any contractual provision to the contrary.

History. Acts 1991, No. 631, § 3; 1997, No. 1199, § 1; 1999, No. 1314, § 1.

Case Notes

Applicability.

School employee was only entitled, under the Public School Employee Fair Hearing Act, § 6-17-1701 et seq., to a hearing before the school board if the superintendent recommended termination of the employee's contracts; the employee was not entitled to a hearing for suspension of his job where only a suspension was in issue. Releford v. Pine Bluff Sch. Dist. No. 3, 355 Ark. 503, 140 S.W.3d 483 (2004).

Employment at Will.

This subchapter has not altered the employment-at-will doctrine; where employee's contract was for a definite term but was also terminable at will for any reason provided notice and a hearing were given, and employee was given notice of the reason for termination and provided a hearing, employee was not wrongfully discharged. Kimble v. Pulaski County Special Sch. Dist., 53 Ark. App. 234, 921 S.W.2d 611 (1996) (decision under prior law).

Substantial Compliance.

Substantial compliance is the proper standard to apply pursuant to the Arkansas Public School Employee Fair Hearing Act. Small v. Cottrell, 332 Ark. 225, 964 S.W.2d 383 (1998).

Cited: Gould Pub. Sch. v. Dobbs, 338 Ark. 287, 993 S.W.2d 500 (1999).

Notes of Decisions
Cited in 5 cases, 1996–2015 · leading case: Releford v. Pine Bluff Sch. Dist. No. 3, 140 S.W.3d 483 (Ark. 2004).
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Releford v. Pine Bluff Sch. Dist. No. 3, 140 S.W.3d 483 (Ark. 2004). · cites it 2× “In keeping with the clear terms of § 6-17-1703 and 6-17-1705, a school employee is entitled, under the Fair Hearing Act, to a hearing before the school board if the superintendent recommends termination or nonrenewal of the employee’s contract.”
Small v. Cottrell, 964 S.W.2d 383 (Ark. 1998). · cites it 4× “Section 6-17-1703 provides in relevant part: (a) The superintendent of a school district may recommend termination of an employee during the term of any contract, or the nonrenewal of a full-time nonprobationary employee’s contract, provided that he gives notice in writing,…”
Langford v. Wilkins, 101 F. Supp. 3d 809 (E.D. Ark. 2015). · cites it 2× “Ark.Code Ann. § 6-17-1703. Furthermore, the Fair Hearing Act requires a school board to conduct a hearing “no fewer than five (5) nor more than ten (10) days after the written request has been received by the superintendent .”
Kimble v. Pulaski Cnty. Special Sch. Dist., 921 S.W.2d 611 (Ark. Ct. App. 1996). “Arkansas Code Annotated § 6-17-1703 (Repl. 1993) provides: (a) The superintendent of a school district may recommend termination of an employee during the term of any contract, or the nonrenewal of a full-time nonprobationary employee’s contract, provided that he gives notice in…”
Gould Pub. Schs. v. Dobbs, 993 S.W.2d 500 (Ark. 1999). · cites it 2× “If the court of appeals’ reference in Kimble to the termination-at-will doctrine was in any way misleading or interpreted to infer employees under the Public School Employee Fair Hiring Act could be at-will employees, that idea was removed by the General Assembly when, after the…”
— Ark. Code Ann. § 6-17-1703(b) — 1 case
Gould Pub. Schs. v. Dobbs, 993 S.W.2d 500 (Ark. 1999). “If the court of appeals’ reference in Kimble to the termination-at-will doctrine was in any way misleading or interpreted to infer employees under the Public School Employee Fair Hiring Act could be at-will employees, that idea was removed by the General Assembly when, after the…”
— Ark. Code Ann. § 6-17-1703(d) — 1 case
Releford v. Pine Bluff Sch. Dist. No. 3, 140 S.W.3d 483 (Ark. 2004). “In keeping with the clear terms of § 6-17-1703 and 6-17-1705, a school employee is entitled, under the Fair Hearing Act, to a hearing before the school board if the superintendent recommends termination or nonrenewal of the employee’s contract.”
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