The mandate for the State Board of Education to develop and implement a particular rule is created by state statute. Once it has been determined that a new law requires rules, the commissioner of the Arkansas Department of Education (ADE) will assign a staff member the task of drafting the rules. After review and approval by the office of the ADE attorney, the proposed rule is then placed on the State Board of Education agenda. This provides the board an opportunity to review the proposed rule and offer comments and suggested changes.
The board then votes on whether to place the proposed rule out for public comment. Once approved for public comment, a public hearing is scheduled. The hearing must be advertised in the newspaper for three consecutive days, and the ADE will conduct at least one public hearing to receive comments on each proposed rule. Interested persons can submit written comments either at the public hearing or to the office of the ADE attorney during the public comment period. The ADE staff is also required to file fiscal and financial impact statements concerning the proposed rule with the Bureau of Legislative Research.
After the public hearing is held, the proposed rule is then brought before the board for final approval. If approved by the board, the rule is then filed with the staff of the Arkansas Legislative Council’s Administrative Rules and Regulations Subcommittee for the members to review. The legislative review process is usually held the month after the board approves the new rule. After review by the subcommittee, the final rule, along with the fiscal and financial impact statements, is then filed with the Secretary of State’s office and with the Bureau of Legislative Research. Copies are also filed with the Arkansas State Library.