1. (a) The superintendent or director of an educational entity, or a third-party vendor, shall report in writing to the Division of Elementary and Secondary Education’s Office of Legal Services the name of any employee of the educational entity, any employee of a third-party vendor whose employment is covered by this part, whether currently employed or previously employed at any time during the two (2) preceding school years, or any registered volunteer coach who:

   1. (1) Has pled guilty or nolo contendere, or has been found guilty, of any offense listed in Arkansas Code §§ 6-17-410(c) or 6-17-414(b);
   2. (2) Has been arrested or charged with a felony or any misdemeanor listed in Arkansas Code § 6-17-410(c) or § 6-17-414(b);
   3. (3) Holds a teaching or similar license obtained by fraudulent means;
   4. (4) Has had a teaching or similar license revoked in another state;
   5. (5) Has intentionally compromised the validity or security of any student test or testing program administered or required by the division;

   6. (6) Has knowingly submitted falsified information or failed to submit information requested or required by law to:

      1. (A) The division;
      2. (B) The State Board of Education; or
      3. (C) Arkansas Legislative Audit; or
   7. (7) Has a true report in the Child Maltreatment Central Registry.
2. (b) The superintendent or director of an educational entity, or a third-party vendor, shall report in writing to the office the name of any fiscal officer of the educational entity, whether currently employed or previously employed at any time during the two (2) preceding school years, who has pled guilty or nolo contendere to, or has been found guilty of, a fraudulent act.
3. (c) Third-party vendor reporting under this section is intended only for classified employee positions.
4. (d) Failure of a superintendent or director of an educational entity to report a violation in writing within five (5) business days of knowledge as listed in subsection (a) of this section may result in sanctions imposed by the state board, including but not limited to loss of accreditation.
5. (e) If an arrest or charge is reported in accordance with subdivision (a)(2) of this section, the division shall indicate in the Arkansas Educator Licensure System that the person’s employment eligibility is pending or under review.
6. (f) When the individual’s criminal case is resolved, the individual’s profile shall be updated to reflect the individual’s employment eligibility based on current background check status.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “Source: Ark. Code Ann. §§ 6-17-410 and 6-17-414.”