Ark. Code Ann. § 6-17-1705 (2026)
Hearing
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Upon receipt of a request for a hearing, the school district board of directors shall conduct a hearing in accordance with the following provisions:
- The hearing shall take place no fewer than five (5) nor more than ten (10) days after the written request has been received by the superintendent, except that the employee and board of directors may, in writing, agree to an earlier or later hearing date; and
- The hearing shall be public or private at the request of the employee.
- The employee may be represented by persons of his or her own choosing.
- In hearings held concerning a recommendation for the termination of an employee's contract, either the board of directors or the employee may elect to have a record of the hearing made at the board of director's expense.
- In hearings held concerning a recommendation for the nonrenewal of a full-time non-probationary employee, either the board of directors or the employee may elect to have a record of the hearing made, and the expense for the record shall be shared equally between the board of directors and the employee.
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- After the hearing, the school district board of directors may terminate the employee or continue the suspension for a definite period of time.
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- The salary of a suspended employee shall cease when the school district board of directors sustains the suspension.
- Otherwise, the employee shall be reinstated without loss of compensation.
- The decision of the school district board of directors shall be made within ten (10) calendar days of the hearing.
History. Acts 1991, No. 631, §§ 4, 5; 1999, No. 1314, § 3.
Case Notes
Due Process.
A superintendent does have authority to place a teacher or a noncertified district employee on suspension; however, those suspended are entitled to a hearing, and only a school board can extend the suspension or deprive the employee of compensation. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).
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).
Subchapter 18 — Minority Teacher Recruitment and Training Program
6-17-1801 — 6-17-1806. [Repealed.]
Publisher's Notes. This subchapter, concerning the Minority Teacher Recruitment and Training Program, was repealed by Acts 2001, No. 1692, § 3. The subchapter was derived from the following sources:
6-17-1801. Acts 1991, No. 858, § 1.
6-17-1802. Acts 1991, No. 858, § 2.
6-17-1803. Acts 1991, No. 858, § 3.
6-17-1804. Acts 1991, No. 858, § 4.
6-17-1805. Acts 1991, No. 858, § 5.
6-17-1806. Acts 1991, No. 858, § 6.
Subchapter 19 — Minority Recruitment
Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.