Executive Orders

Governor Sarah Huckabee Sanders signed EO-23-14 on January 24, 2023, to repeal  Executive Order 21-08 establishing the Arkansas American Rescue Plan Act of 2021 Steering Committee and Executive Order 21-19 establishing the Governor’s Infrastructure Planning Advisory Committee.

Secretary of Education Jacob Oliva and members of the executive leadership team are working with the advisory committee to review priorities, opportunities, and partnerships to maximize federal infrastructure funding for the benefit of Arkansans. The committee first met on March 31, 2023. ADE will serve as both a leader and contributor for infrastructure support. 

1. Executive Order Overview

On January 10, 2023, Governor Sarah Huckabee Sanders issued EO 23-06, an Executive Order to Protect State Information and Communications Technology From the Influence of Adversarial Foreign Governments.  The Arkansas Department of Education responded by issuing two Commissioner Memos and an Inter-Agency memo to the Department of Transformation and Shared Services.  The memo details are included below:

MEMO

==============================================================================

DATE:     Monday, February 6, 2023

FROM:  Cabinet Secretary Jacob Oliva | Department of Education

TO:         Cabinet Secretary Joseph K. Wood | Department of Transformation and Shared Services

=======================================================================

The Arkansas Department of Education (ADE): Division of Elementary and Secondary Education (DESE) has issued two specific follow-up Commissioner’s Memos on January 11, 2023 and February 6, 2023 (details as listed below) in the form of guidance to School Districts with regards to the Governor’s Executive Order, EO 23-06 dated January 10, 2023 regarding the prohibition of the installation of, connection to, or use of TikTok on any state network or state-issued information or communications technology device, including all desktop computers, laptop computers, tablets, and mobile phones. 

January 11, 2023

The ADE Commissioner’s Memo system was used to send out the initial notification regarding the release of the Governor’s Executive Order, EO 23-06: Executive Order to Protect State Information and Communications Technology from the Influence of the Adversarial Foreign Governments.

COM-23-071   | Governor's Executive Orders | Division: Legal Services

February 7, 2023

A follow-up Commissioner’s Memo was sent out with additional guidance for the School District Technology Directors/Co-ordinators mentioning the turned off access for Tik Tok at the State Intrusion Prevention System, IPS, level with the recommendation of blocking TikTok at various levels: secure Internet gateway/content filters, wireless solution, unified end-point management, mobile device management tool and hot-spot vendors. Lastly, few of the best practices regarding cyber security based on the State’s Cyber Security Awareness Programs were included in the memo as well.

OIT-23-010  |   Additional Guidance on TikTok Ban | Division: Office of Information Technology

Summary Report

On January 10, 2023, Governor Sarah Huckabee Sanders signed a proclamation issuing an executive order to prohibit indoctrination and critical race theory in schools. “Teachers and school administrators should teach students how to think, not what to think.”

“Prohibited indoctrination” means communication by a public school employee, public school representative, or guest speaker that compels a person to adopt, affirm, or profess an idea in violation of Title IV and Title VI of the Civil Rights Act of 1964, Pub. L., No. 88-352, including that:

• People of one color, creed, race, ethnicity, sex, age, marital status, familial status, disability status, religion,national origin, or any other characteristic protected by federal or state law are inherently superior or inferior to people of another color, creed, race, ethnicity, sex, age, marital status, familial status, disability status, religion, national origin, or any other characteristic protected by federal or state law; or
• An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s color, creed, race, ethnicity, sex, age, marital status, familial status, disability status, religion, national origin, or any other characteristic protected by federal or state law.

Summary of Review Process and Findings

The agency has conducted a review of the Arkansas Department of Education’s rules, regulations, policies, materials, and communications to identify any items that may, purposely or otherwise, promote teaching that would indoctrinate students with ideologies, such as CRT, that conflict with the principle of equal protection under the law or encourage students to discriminate against someone based on the individual’s color, creed, race, ethnicity, sex, age, marital status, familial status, disability, religion, national origin, or any other characteristic protected by federal or state law.

Each division of ADE submitted an assurance of their review of rules, regulations, policies, materials, and communications to identify any items that may, purposely or otherwise, promote teaching that would indoctrinate students with ideologies, such as CRT, that would violate the executive order.

If items were found to conflict with the executive order, the division lead and/or review committee made suggestions to amend, annul, or alter those rules, regulations, policies, materials, or communications to remove the prohibited indoctrination.

1. A website review based on key terms was conducted.
2. The results of the website review were submitted to a committee for an analysis of the context. At the conclusion of the analysis, any items still in question were submitted to the division lead.
3. All division leads received communication with guidance for review of rules, regulations, policies, materials (including PDFs, videos, and links from the website), and communications within their assigned division.
4. All division leads received an assurance document to note the findings in question and suggested recommendations based on the findings.

Next Steps:

□ Continue collecting documentation from divisions within ADE;

☒ Communication and assurance documents for School Districts and Ed. Prep Programs;

☒ Complete review of competencies in Ed. Prep Programs and licensure exams;

☒ Update language in the employee leave workflow for supervisors to approve and ensure training does not violate the Executive Order;

☒ Create a process for stakeholders to submit a request to review concerns regarding CRT or indoctrination; Email ade.learns@ade.arkansas.gov

☒ Ensure all contracts contain language to prohibit indoctrination;

☒ Release communication and assurance documents for Educator Prep Programs;

☒ Add an assurance document in Grant Approval System (GMS) to ensure all outside entities receiving funding from ADE abide by EO 23-05. (Example: Co-ops receiving funds and other organizations.)

On January 13, 2023, the ADE Human Resources director sent the email below to the ADE leadership team, including division directors who are involved in the hiring process.

Hello Everyone,

As you are aware, Governor Sarah Huckabee Sanders, signed an executive order on January 10, 2023 which instituted a moratorium on hiring and promotion for all state government workers. Below is a summary of the executive order and attached is a copy for your review. 

Hiring Freeze: All hiring and promotions for state positions are immediately put on hold. If the hiring process is already underway it must be stopped unless a formal offer has been made. State entities cannot fill vacant positions when someone quits or is fired without permission from the governor.

(a) That state entities shall terminate all ongoing hiring processes that have not yet resulted in a formal offer of employment being extended to a candidate. 

(b) That state entities may only conclude hiring processes that have resulted in a formal offer of employment extended to a candidate, if the candidate has previously accepted the offer, has a start date within thirty days of the date of this Order, and the Secretary of the Department, or head of the state entity if there is no Secretary, approves.

(4) That all state entities shall refrain from filling vacant positions—including replacement positions and newly budgeted positions—unless it is determined that a legitimate business need requires the position to be filled. 

At this time, please discontinue your hiring process until further notice, unless your process falls within the yellow highlighted section of “b” above. 

More information will be provided as it is provided to our office. 

Thank you 

Teletha Leonard, MA, PHR, SHRM-CP
Human Resources Director
Office of the Secretary
Arkansas Department of Education
Four Capitol Mall, Room 104-A

Little Rock, AR 72201

Governor Sarah Huckabee Sanders signed EO-23-02 on January 10, 2023, to reduce government rules and regulations. 

 The Department of Education is working closely with the Governor’s Office regarding the rule-making process and will comply with this executive order.