SB3
1 State of Arkansas
2 95th General Assembly A Bill
3 Regular Session, 2025 SENATE BILL 3
4
5 By: Senator D. Sullivan
6
7
8 For An Act To Be Entitled
9 AN ACT TO PROHIBIT DISCRIMINATION OR PREFERENTIAL
10 TREATMENT BY THE STATE OF ARKANSAS AND OTHER PUBLIC
11 ENTITIES; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO PROHIBIT DISCRIMINATION OR
16 PREFERENTIAL TREATMENT BY THE STATE OF
17 ARKANSAS AND OTHER PUBLIC ENTITIES.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. DO NOT CODIFY. Legislative intent.
22 (a) The General Assembly intends for this act to prohibit
23 discrimination by public entities on the basis of race, sex, color,
24 ethnicity, or national origin.
25 (b) The General Assembly does not intend for this act to affect any
26 preferences provided to veterans under the law based on their status as a
27 veteran.
28
29 SECTION 2. Arkansas Code § 3-4-223 is amended to read as follows:
30 3-4-223. Diversity in ownership and financial interest.
31 When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic
32 Beverage Control Division shall consider lack of diversity in ownership and
33 financial interest in the geographic area at issue in the permit application
34 the benefit of competition to consumers.
35
36 SECTION 3. Arkansas Code § 6-10-111 is amended to read as follows:
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1 6-10-111. Equity Equality Assistance Center.
2 (a) The Division of Elementary and Secondary Education is authorized
3 to establish a special section within its organization, to be known as the
4 Equity Equality Assistance Center, designed to provide assistance to the
5 school districts of the state in such activities as affirmative action,
6 program accessibility, human relations, awareness, and desegregation and
7 nondiscrimination.
8 (b) This assistance shall include on-site visits, workshops, program
9 review, and any other special activity which might enable the school
10 districts of the state to more effectively meet their civil rights
11 desegregation and nondiscrimination responsibilities.
12 (c)(1) The center created by this section shall be the liaison for the
13 division with the United States Office for Civil Rights.
14 (2) The center shall maintain manuals, guidelines, procedures,
15 and other informational materials setting requirements in the area of civil
16 rights desegregation and nondiscrimination and describing how determination
17 of compliance is made.
18 (d) Annually, each local school district in the state shall provide
19 the center assurances of compliance with civil rights desegregation and
20 nondiscrimination responsibilities in the form and at the time as is
21 designated by the Commissioner of Elementary and Secondary Education.
22 (e) The division may withhold state aid from any school district that
23 fails to file its assurance of compliance with civil rights desegregation and
24 nondiscrimination responsibilities by October 15 each year or fails to file
25 any other information with a published deadline requested from school
26 districts by the center so long as thirty (30) calendar days are given
27 between the request for the information and the published deadline, except
28 that thirty (30) days notice shall not be required when the request comes
29 from a member or committee of the General Assembly.
30 (f) The division is authorized to develop forms and promulgate
31 appropriate rules and procedures as may be required to implement the
32 provisions of this section.
33
34 SECTION 4. Arkansas Code § 6-15-202(f)(1), concerning school
35 accreditation, development of rules, criteria, and standards, is amended to
36 read as follows:
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1 (1) Section 6-10-111(d)-(f) concerning the Equity Equality
2 Assistance Center;
3
4 SECTION 5. Arkansas Code Title 6, Chapter 17, Subchapter 19, is
5 repealed.
6 6-17-1901. Teacher and administrator recruitment and retention plan.
7 (a) By August 1, 2022, each public school district and open-enrollment
8 public charter school in the state shall prepare a three-year teacher and
9 administrator recruitment and retention plan.
10 (b) The plan shall set forth goals for:
11 (1) The recruitment and retention of teachers and administrators
12 of minority races and ethnicities who increase diversity among the district
13 staff and, at a minimum, reflect the racial and ethnic diversity of the
14 district's students; and
15 (2) Increasing the number of students who pursue careers in
16 education with an emphasis on students of minority races and ethnicities.
17 (c) A school district shall review annually the:
18 (1) Recruitment and retention plan; and
19 (2) Progress of the school district in meeting the goals
20 established pursuant to subsection (b) of this section.
21 (d) The plan shall be:
22 (1) Updated annually; and
23 (2) Posted on the school district's or open-enrollment public
24 charter school's website no later than August 1 of each year.
25
26 6-17-1902. Equity Assistance Center — Coordination and contents of
27 plan.
28 (a) The Equity Assistance Center shall provide technical assistance,
29 guidance, and support to public school districts and public open-enrollment
30 charter schools in developing recruitment and retention plans and setting and
31 meeting annual goals.
32 (b)(1) Each public school district and open-enrollment public charter
33 school shall designate an employee to coordinate the implementation and
34 review of the public school district's and open-enrollment public charter
35 school's recruitment and retention plan.
36 (2) The designated equity assistance coordinator in each public
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1 school district and open-enrollment public charter school may serve as the
2 coordinator of the public school district's and open-enrollment public
3 charter school's recruitment and retention plan.
4 (c) The teacher and administrator recruitment and retention plan shall
5 include, but not be limited to, the following information:
6 (1) The annual goals of the public school district or open-
7 enrollment public charter school established pursuant to § 6-17-1901(b);
8 (2) The actions and steps the public school district or open-
9 enrollment public charter school has taken and will take to meet each of the
10 public school district's and open-enrollment public charter school's goals;
11 (3) The progress of the public school district or open-
12 enrollment public charter school in meeting each of the public school
13 district's and open-enrollment public charter school's goals;
14 (4) The evaluative methods the public school district or open-
15 enrollment public charter school will use to measure progress towards meeting
16 the public school district's or open-enrollment public charter school's
17 goals;
18 (5) If the public school district or open-enrollment public
19 charter school did not meet the public school district's or open-enrollment
20 public charter school's goals for the previous reporting period, the public
21 school district or open-enrollment public charter school shall state the
22 reasons for not meeting the goals and the steps the public school district or
23 open-enrollment public charter school will take to overcome the reasons for
24 not meeting the goals;
25 (6) The steps the public school district or open-enrollment
26 public charter school will take to encourage students to pursue a career in
27 education, including steps specific to students of minority races and
28 ethnicities;
29 (7) Public school district or open-enrollment public charter
30 school teacher and administrator recruitment and retention data to show the:
31 (A) Racial and ethnic composition of teachers and
32 administrators employed by the public school district or open-enrollment
33 public charter school for each of the previous three (3) years; and
34 (B) Effectiveness of the plan; and
35 (8) The racial and ethnic composition of the student body and
36 the racial and ethnic composition of the residents of the public school
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1 district or open-enrollment public charter school.
2 (d) The State Board of Education may promulgate rules necessary for
3 implementation of this subchapter.
4
5 6-17-1903. Department of Education — Minority Teacher and Administrator
6 Preparation and Recruitment Strategic Plan.
7 (a)(1) The Department of Education shall set goals for increasing the
8 number of teachers and administrators of minority races and ethnicities in
9 this state.
10 (2)(A) The Division of Higher Education shall collaborate with
11 the State Board of Education, local universities, colleges, public school
12 districts, and open-enrollment public charter schools to develop a strategic
13 plan for increasing the number of teachers and administrators of minority
14 races and ethnicities in this state.
15 (B) The Minority Teacher and Administrator Preparation and
16 Recruitment Strategic Plan shall include without limitation recommendations
17 to institutions with educator preparation programs on ways to:
18 (i) Identify methods for increasing the percentage
19 of teachers and administrators of minority races and ethnicities in
20 proportion to the number of students of minority races and ethnicities in
21 this state; and
22 (ii) Establish programs to identify and recruit
23 individuals of minority races and ethnicities who have already earned college
24 degrees in other job fields to become teachers and administrators.
25 (b) The division shall:
26 (1) Promote educator preparation programs that increase the
27 percentage of individuals of minority races and ethnicities who enter and
28 successfully complete a four-year educator preparatory program and provide
29 support to students of minority races and ethnicities who meet the
30 requirements for entering educator preparation programs; and
31 (2) Submit a report no later than July 1, 2022, and every two
32 (2) years following to the House Committee on Education and the Senate
33 Committee on Education.
34
35 SECTION 6. Arkansas Code § 6-60-703(b)(3), concerning the
36 Comprehensive Arkansas Higher Education Annual Report, is repealed.
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1 (3) Every five (5) years, beginning in 2015:
2 (A) Minority retention plans, § 6-61-122; and
3 (B) Affirmative action program plans, § 6-63-103(c).
4
5 SECTION 7. Arkansas Code §§ 6-61-121 and 6-61-122 are repealed.
6 6-61-121. Higher education minority retention programs — Definition.
7 For purposes of this section and § 6-61-122, the term “minority” refers
8 to African-Americans, Hispanic Americans, Asian Americans, and Native
9 Americans.
10
11 6-61-122. Higher education minority retention programs — Establishment
12 — Reports.
13 (a) All state-supported colleges and universities shall establish a
14 program for the retention of blacks and other members of minority groups as
15 students, faculty, and staff. Retention action plans shall be prepared on a
16 continuing basis for future five-year periods.
17 (b) Each state-supported college and university shall annually prepare
18 a progress report on the steps that have been taken to reach the goals of the
19 plan. The report shall include information relative to students, faculty, and
20 staff within the institution.
21 (c) Copies of each institution's five-year plan and annual report
22 shall be filed by June 30 with the Division of Higher Education, the board of
23 trustees of the institution, the House Committee on Education and the Senate
24 Committee on Education, and the board of visitors of the institution, if
25 applicable.
26 (d) The division shall develop appropriate forms for reporting and
27 shall monitor the retention plans and annual reports.
28 (e) In carrying out the retention action plans, each institution shall
29 provide for a part-time or full-time employee by reassignment, appointment,
30 or employment to assist the institution in the retention of blacks and
31 members of other minority groups for faculty and staff positions.
32
33 SECTION 8. Arkansas Code § 6-63-103 is repealed.
34 6-63-103. Affirmative action programs — Plans — Annual reports.
35 (a)(1) Each state-supported institution of higher education shall
36 prepare an affirmative action program for the recruitment of African-
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1 Americans and other members of minorities for faculty and staff positions and
2 for enrollment as students.
3 (2) Affirmative action plans shall be prepared on a continuing
4 basis for future five-year periods.
5 (b)(1) Each state-supported institution of higher education shall
6 prepare annually a summary report on the steps that have been taken to reach
7 the goals of the plan.
8 (2) The report shall:
9 (A) Include information on the progress made by each
10 institution for the various levels of employment within the institution; and
11 (B) Be presented in a table format limited to no more than
12 five (5) pages.
13 (c) Copies of the five-year plan and annual reports summaries of each
14 institution of higher education shall be included in the Comprehensive
15 Arkansas Higher Education Annual Report, filed with the Governor, the
16 Division of Higher Education, the president and board of trustees of the
17 institution, the board of visitors of the institution, if applicable, and the
18 House Committee on Education and the Senate Committee on Education.
19 (d) In carrying out the affirmative action plans, each institution of
20 higher education shall provide for a part-time or full-time employee to
21 assist the institution in the recruitment of African-Americans and other
22 members of minorities for faculty and staff positions and for enrollment as
23 students.
24
25 SECTION 9. Arkansas Code § 6-82-1501 is amended to read as follows:
26 6-82-1501. Title.
27 This subchapter shall be known and may be cited as the “Arkansas
28 Geographical Critical Needs Minority Teacher Scholarship Program Act of
29 2001”.
30
31 SECTION 10. Arkansas Code § 6-82-1502 is amended to read as follows:
32 6-82-1502. Program established — Purpose — Effect.
33 (a) There is established the Critical Needs Minority Teacher
34 Scholarship Program.
35 (b) The purpose of the program is to attract qualified minority
36 teachers to the Delta and those geographical areas of the state where there
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1 exists a critical shortage of teachers by awarding scholarships to minorities
2 individuals declaring an intention to serve in the teaching field who
3 actually render service to this state while possessing an appropriate
4 teaching license.
5 (c) This subchapter does not affect any preference given to veterans
6 in public education.
7
8 SECTION 11. Arkansas Code § 6-82-1503(a) and (b), concerning the
9 eligibility for scholarships, are amended to read as follows:
10 (a)(1) The term “minority” when used in this subchapter shall refer to
11 Black Americans, Hispanic Americans, Asian Americans, and Native Americans.
12 (2) The Native American group includes all persons having
13 origins in any of the original peoples of North America and who main