(a)

1. (1) When the State Board of Education issues a written reprimand for violation of the Code of Ethics, it will be reported to the Division of Elementary and Secondary Education but is not publicly viewable in AELS.
2. (2) The division will disclose written reprimands if requested and pursuant to state or federal law.

(b) Disciplinary actions are publicly reported as follows:

1. (1)

   1. (A) The probation of a license is reported on AELS and the NASDTEC Clearinghouse:

(i) During the period of probation; and

1. (ii) Until all conditions are met.

   1. (B) Following the successful completion of probation, the probation is removed from public view on AELS and the NASTDEC Clearinghouse but is maintained permanently in the educator’s files at the division;

2. (2)

   1. (A) A Level 2 Public Notification of Ethics Violation is reported on AELS:

      1. (i) For the period of time stated in the notice; and
      2. (ii) Until all conditions are met.
   2. (B) Upon the successful completion of the period of time and all requirements stated in the Level 2 Public Notification, the notification is removed from public view in AELS but is maintained permanently in the educator’s files at the division;

3. (3)

   1. (A) The suspension or temporary nonrenewal of a license is reported on AELS and the NASTDEC Clearinghouse.

   2. (B) Upon the reinstatement of the license:

      1. (i) AELS and the NASDTEC Clearinghouse will reflect that the license is reinstated; and
      2. (ii) The suspension or temporary nonrenewal is maintained permanently in the educator’s files at the division;

4. (4)

   1. (A) A Level 3 Public Notification of Ethics Violation is reported in AELS.
   2. (B) Upon the successful completion of the period of time and all requirements stated in the Level 3 Public Notification, the recommendation against employment and volunteering is removed from AELS but the evidence of a Level 3 Public Notification is maintained permanently in the educator’s files at the division;

5. (5) The revocation or permanent nonrenewal of a license is:

   1. (A) Permanently reported on AELS and the NASDTEC Clearinghouse; and
   2. (B) Maintained permanently in the educator’s files at the division; and

6. (6) A Level 4 Public Notification of Ethics Violation is:

   1. (A) Permanently recorded on public view in AELS; and

   2. (B) Maintained permanently in the educator’s files at the division.

      1. (c) AELS will contain the following information:
7. (1) The standard of ethical conduct violated;
8. (2) The sanction approved by the state board; and

9. (3) A copy of the final order of the state board.

   1. (d) Records of the ethics subcommittee and ethics hearing subcommittee shall be retained in accordance with the Arkansas General Records Retention Schedule, 25 CAR pt. 60.

(e) In accordance with Arkansas Code § 6-17-428, all records and all hearings, meetings, and deliberations of the ethics subcommittee and ethics hearing subcommittee relating to an ethics complaint are:

1. (1) Confidential; and
2. (2) Exempt from the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

(f)

1. (1) All documents relied upon by the state board for its decision making at a public hearing are public record.

2. (2) All hearings before the state board are:

   1. (A) Publicly viewable through livestreamed video; and
   2. (B) Archived on the division website.

3. (3)

   1. (A) State board orders concerning ethics violations are publicly available on the division website.

   2. (B) Orders on written reprimands, probation, and suspension will be removed after the educator has met the terms of the state board order and after the expiration of two (2) years from the date of the order, but orders issuing a sanction longer than two (2) years shall remain on the website:

      1. (i) For the duration of the sanction; and
      2. (ii) Until the educator has met the terms of the state board order.
   3. (C) For nonrenewal or revocation, orders shall remain permanently on the division website.

(g)

1. (1) Subject to preemption or prohibition by other state or federal law, all records pertaining to an ethics complaint are open for inspection and copying by:

   1. (A) The person against whom the complaint is lodged; and
   2. (B) His or her representative.
2. (2) Videos, recordings, or other materials that the Professional Licensure Standards Board cannot redact will be made available to the educator or his or her representative at the Professional Licensure Standards Board office only.

(h) Information such as personal contact information, social security numbers, student names, and other information protected by state or federal law will be redacted or released as permitted by law.

1. (i) In accordance with Arkansas Code § 25-15-208, disclosure shall not be required of the research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of:
2. (1) The attorney for the agency;
3. (2) Members of his or her staff; or
4. (3) Other state agents.