Act 1599 of 2001 establishes ethical guidelines and prohibitions for local school board members, educational administrators, and employees of any public educational entity in Arkansas.
The Department has developed the enclosed forms and procedures to assist districts in complying with the requirements of Act 1599. Forms included are a sample notification letter, Form A, explaining what the law requires. This is not a required form but a sample. The next three forms, B, C, and D, are sample disclosure statements for board members, administrators, and employees. These forms will provide a tentative listing for the superintendent of potential contracts which may require action under Act 1599. These general disclosure statements are not required. They are recommended to protect board members and administrators in this disclosure process.
Form E, called the Contract Disclosure Form, is a required document. This form is completed when a contract requires board and/or state approval before being validated. This form covers all the required actions for full disclosure and captures the necessary information for an approval process. This form also includes a time line and checklist for approval. A copy of this form will be filed in the central office, and a copy would be mailed to the Director of the Department of Education along with the written resolution when state approval for a contract is required.
Form F is the sample written resolution form. A written resolution is required for all contracts that fall under Act 1599. The sample resolution includes information required by law as well as some procedural pieces to ensure full disclosure is met. A copy of the written resolution would be filed in the central office as well as with the Director of the Department of Education when state review of a contract is required.
Forms G, H, and I are the notice, instructions, and the Statement of Financial Interest from the Arkansas Ethics Commission which is required by Act 1599 for all superintendents and directors of co-ops. Board members are already required to file a Statement of Financial Interest. This form is required to be filed by January 31 of each year. A copy should be filed in the central office of the district and with the county clerk. The instructions are included for completing the form.
These forms will be presented to the State Board of Education for approval on August 13 as the procedural forms to be used by districts in implementing the requirements of Act 1599. These forms represent the same information and procedures that will be in the official rules and regulations promulgated to implement Act 1599. The rules and regulations, however, must go through the administrative procedure process and will not be immediately final.
The effective date of Act 1599 is August 13, 2001. As of that date districts shall send their disclosure documents and resolutions to the Director of the Department of Education by certified mail. The receipt date shall be the beginning date for the required ten (10) day approval calendar.
If districts have questions regarding the implementation of Act 1599 procedures, they may contact Mr. Scott Smith at 501-682-4227 or Dr. Bobbie Davis at 501-682-1297.