Monitoring requirement

Ark. Code Ann. § 6-16-2104 — under Curriculum.

Ark. Code Ann. § 6-16-2104

(a) (1) The Department of Education shall designate a Title VI Coordinator who shall monitor all complaints of discrimination and harassment, including without limitation antisemitic discrimination and harassment, at schools and institutions of higher education.(2) The individual designated by the department as a Title VI Coordinator under subdivision (a)(1) of this section may be a current employee of the department.

(1) The Department of Education shall designate a Title VI Coordinator who shall monitor all complaints of discrimination and harassment, including without limitation antisemitic discrimination and harassment, at schools and institutions of higher education.

(2) The individual designated by the department as a Title VI Coordinator under subdivision (a)(1) of this section may be a current employee of the department.

(b) Each school and institution of higher education shall formally report an incident or complaint of discrimination or harassment under this subchapter to the Title VI Coordinator.

(c) The Title VI Coordinator established under this section shall:(1) Establish, maintain, and publicize a formal reporting process whereby the following individuals may submit a complaint of discrimination or harassment:(A) All students, parents, legal guardians, persons standing in loco parentis to students, and school employees can submit a complaint of discrimination or harassment;(B) All students enrolled in an institution of higher education; and(C) All faculty and staff employed by an institution of higher education;(2) (A) Thoroughly investigate a complaint received under this section.(B) (i) If the Title VI Coordinator, after reasonable investigation, determines that a school or an institution of higher education has engaged in, allowed, or not taken the necessary action in response to antisemitic discrimination prohibited under this subchapter or any other form of prohibited discrimination, then the Title VI Coordinator shall provide written notice to the school or institution of higher education to address the Title VI Coordinator's concerns within thirty (30) days of receipt of the notice.(ii) If the Title VI Coordinator determines that a school or an institution of higher education has not taken the necessary action in accordance with the notice received under subdivision (c)(2)(B)(i) of this section within thirty (30) days, then the Title VI Coordinator shall report its finding to the:(a) Attorney General's office for action; and(b) United States Department of Education and United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352; and(C) All faculty and staff employed by an institution of higher education.(3) By June 30 of each year issue an annual report on discrimination in schools and institutions of higher education to the General Assembly, which shall include without limitation the following:(A) The number and type of discrimination-related incidents;(B) The category of bias-motivation, including antisemitism; and(C) How reports of discrimination were resolved or if the reports of discrimination are pending resolution.

(1) Establish, maintain, and publicize a formal reporting process whereby the following individuals may submit a complaint of discrimination or harassment:(A) All students, parents, legal guardians, persons standing in loco parentis to students, and school employees can submit a complaint of discrimination or harassment;(B) All students enrolled in an institution of higher education; and(C) All faculty and staff employed by an institution of higher education;

(A) All students, parents, legal guardians, persons standing in loco parentis to students, and school employees can submit a complaint of discrimination or harassment;

(B) All students enrolled in an institution of higher education; and

(C) All faculty and staff employed by an institution of higher education;

(2) (A) Thoroughly investigate a complaint received under this section.(B) (i) If the Title VI Coordinator, after reasonable investigation, determines that a school or an institution of higher education has engaged in, allowed, or not taken the necessary action in response to antisemitic discrimination prohibited under this subchapter or any other form of prohibited discrimination, then the Title VI Coordinator shall provide written notice to the school or institution of higher education to address the Title VI Coordinator's concerns within thirty (30) days of receipt of the notice.(ii) If the Title VI Coordinator determines that a school or an institution of higher education has not taken the necessary action in accordance with the notice received under subdivision (c)(2)(B)(i) of this section within thirty (30) days, then the Title VI Coordinator shall report its finding to the:(a) Attorney General's office for action; and(b) United States Department of Education and United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352; and(C) All faculty and staff employed by an institution of higher education.(3) By June 30 of each year issue an annual report on discrimination in schools and institutions of higher education to the General Assembly, which shall include without limitation the following:(A) The number and type of discrimination-related incidents;(B) The category of bias-motivation, including antisemitism; and(C) How reports of discrimination were resolved or if the reports of discrimination are pending resolution.

(A) Thoroughly investigate a complaint received under this section.

(B) (i) If the Title VI Coordinator, after reasonable investigation, determines that a school or an institution of higher education has engaged in, allowed, or not taken the necessary action in response to antisemitic discrimination prohibited under this subchapter or any other form of prohibited discrimination, then the Title VI Coordinator shall provide written notice to the school or institution of higher education to address the Title VI Coordinator's concerns within thirty (30) days of receipt of the notice.(ii) If the Title VI Coordinator determines that a school or an institution of higher education has not taken the necessary action in accordance with the notice received under subdivision (c)(2)(B)(i) of this section within thirty (30) days, then the Title VI Coordinator shall report its finding to the:(a) Attorney General's office for action; and(b) United States Department of Education and United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352; and

(i) If the Title VI Coordinator, after reasonable investigation, determines that a school or an institution of higher education has engaged in, allowed, or not taken the necessary action in response to antisemitic discrimination prohibited under this subchapter or any other form of prohibited discrimination, then the Title VI Coordinator shall provide written notice to the school or institution of higher education to address the Title VI Coordinator's concerns within thirty (30) days of receipt of the notice.

(ii) If the Title VI Coordinator determines that a school or an institution of higher education has not taken the necessary action in accordance with the notice received under subdivision (c)(2)(B)(i) of this section within thirty (30) days, then the Title VI Coordinator shall report its finding to the:(a) Attorney General's office for action; and(b) United States Department of Education and United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352; and

(a) Attorney General's office for action; and

(b) United States Department of Education and United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352; and

(C) All faculty and staff employed by an institution of higher education.(3) By June 30 of each year issue an annual report on discrimination in schools and institutions of higher education to the General Assembly, which shall include without limitation the following:(A) The number and type of discrimination-related incidents;(B) The category of bias-motivation, including antisemitism; and(C) How reports of discrimination were resolved or if the reports of discrimination are pending resolution.

(3) By June 30 of each year issue an annual report on discrimination in schools and institutions of higher education to the General Assembly, which shall include without limitation the following:(A) The number and type of discrimination-related incidents;(B) The category of bias-motivation, including antisemitism; and(C) How reports of discrimination were resolved or if the reports of discrimination are pending resolution.

(A) The number and type of discrimination-related incidents;

(B) The category of bias-motivation, including antisemitism; and

(C) How reports of discrimination were resolved or if the reports of discrimination are pending resolution.

(d) The General Assembly is encouraged to:(1) Conduct hearings or investigations to assess any school or institution of higher education that is found to inadequately address discrimination and harassment complaints under this section; and(2) Consider reducing or eliminating any state funding provided to a school or state-supported institution of higher education that is found to inadequately address discrimination and harassment complaints under this section.

(1) Conduct hearings or investigations to assess any school or institution of higher education that is found to inadequately address discrimination and harassment complaints under this section; and

(2) Consider reducing or eliminating any state funding provided to a school or state-supported institution of higher education that is found to inadequately address discrimination and harassment complaints under this section.