§ 6-10-114 - Unlawful to discriminate -- Penalties. - Arkansas Statutes

6-10-114. Unlawful to discriminate -- Penalties.

(a) (1) It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to knowingly authorize the participation of students in an event or activity held at a location where some students would be excluded or not given equal treatment because of the student's race, national origin, or ethnic background.

(2) It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to impose or threaten to impose disciplinary action against a person because:

(A) The person refuses to authorize or to participate in an event or activity prohibited by this section; or

(B) The person reports a violation of this section.

(b) (1) If the State Board of Education determines that the board of directors or administrators of a public school knowingly violated this section, the public school shall be deemed to be not in compliance with the minimum standards for accreditation.

(2) If the State Board of Education determines that a person certified by the State Board of Education knowingly violated this section, the State Board of Education shall suspend the person's certification for a period not to exceed one (1) year.

(c) (1) A violation of subdivision (a)(2) of this section shall be a Class A misdemeanor.

(2) Any person who knowingly authorizes students to participate in an activity or event in violation of this section shall be guilty of a Class A misdemeanor.

(d) It shall be a defense in any criminal prosecution or administrative hearing that the person authorized student participation in the event or activity after being threatened with disciplinary action if the person failed to authorize the participation.