234.05.22 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024

Rule 234.05.22-001 - Rule Governing the Unlawful Propagation of Divisive Concept Training

Pursuant to Arkansas Code Annotated § 25-1-901et seq., a state entity, its employees, or any contractors hired by the state entity to provide training, workshops, forums, or similar programming (training) shall not teach, advocate, act upon, or promote in any training to state employees any divisive concept. This rule applies to a state entity as defined in Arkansas Code Annotated § 25-1-901(4)(A).

Each state entity shall:

1. Identify any grant programs that the state entity will require the recipient, as a condition of receiving the grant, to certify that the recipient will not use state funds or assets to promote a divisive concept;

2. Review any training programs the Department has relating to diversity or inclusion efforts;

3. Develop and issue a policy prohibiting the training, teaching, or instructing on divisive concepts;

4. Assign at least one (1) employee who is responsible for ensuring the state entity's compliance with its policy; and

5. Review and assess the state entity's compliance with its policy and submit a report to the Department of Transformation and Shared Services (TSS) detailing the state entity's compliance.

The report detailing compliance must be submitted to TSS by December 31 annually, with the first report due by December 31, 2022. TSS will develop a report format that the state entity must use when submitting their reports. State entities are responsible for maintaining documentation certifying that they are in compliance with these rules.

TSS may notify the Governor if a state entity fails to comply with these rules. In the event of noncompliance, TSS will first notify the state entity and provide the state entity an opportunity to cure the noncompliance.

234.05.22 Ark. Code R. 001

Adopted by Arkansas Register Volume 47 Number 10, Effective 10/1/2022