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HB 1919

Data centers; Data Centers Act of 2025; effective date.

2025 Regular Session

Expands Arkansas FOIA to make public school learning materials presumptively public, barring copyright/IP claims or NDAs from blocking access, including digital resources.

Second Reading referred to Rules
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Bill Summary · HB 1919

Note on sources
The materials you provided include conflicting cover information (an appropriation title referencing Neshoba County General Hospital) but the attached bill text and fiscal note correspond to an Arkansas measure titled the “Public School Access and Transparency Act.” This summary covers the Arkansas bill text and related legislative actions provided.

HB 1919 — Public School Access and Transparency Act (Arkansas, 95th GA, 2025)

Status: Died in Senate committee at sine die adjournment (May 5, 2025)
Introduced: January 16, 2025 (Rep. McAlindon). Engrossed as amended H4/9/25. Fiscal note: Arkansas Dept. of Education — no fiscal impact to ADE (4/1/25).

Purpose / Intent

To amend Arkansas’s Freedom of Information Act (FOIA) to (1) treat public school learning materials as presumptively public records and (2) prevent public-school custodians from using copyright or related intellectual property claims (or contractual NDAs) to deny public access to those materials — thereby increasing transparency and accountability in public education.

Key provisions

  • Expands FOIA’s definition of “public records” to explicitly include “learning materials” maintained or used by public schools or school districts; clarifies that records maintained by public employees in the scope of employment are presumed public records. (Amendment to Ark. Code § 25-19-103(7).)
  • Excludes software acquired by purchase, lease, or license from the definition of public records.
  • Defines “learning materials” broadly to include curricula, syllabi, lesson plans, instructional materials, assignments, presentations, books, articles, video/audio recordings, digital resources, and other resources used for classroom instruction — in any format. Explicitly excludes tests and other student assessments. (New subdivision to § 25-19-103.)
  • Adds subsection to § 25-19-105 (examination and copying of public records):
    • Access may not be denied to learning materials on the basis that disclosure would infringe copyright under federal law.
    • Custodians may not enter agreements (or purport to restrict access) based on copyright, intellectual property rights, or similar legal theories.
    • Persons given access must use copyrighted materials only for public inspection; copies are limited to amounts permissible under U.S. fair use as of Jan 1, 2025 (17 U.S.C. § 101 et seq.).
    • Digital learning materials — including subscription-based services — must be available for public inspection; if copying is impractical, residents must be allowed to physically inspect digital materials during normal business hours.
    • Access cannot be conditioned on signing nondisclosure agreements or waivers of FOIA rights.
  • Contains a severability clause.

Who is affected

  • Public schools and school districts (custodians of learning materials).
  • Teachers and staff who create or maintain instructional materials.
  • Residents and members of the public seeking to inspect or copy learning materials.
  • Educational content vendors and publishers (contracts, licensing and subscription arrangements could be affected).
  • State agencies administering FOIA requests.

Practical and legal implications

  • Would likely increase public access to curricula and instructional content, including many digital and subscription resources.
  • Potential tension with existing license agreements, vendor contracts, and federal copyright law; vendors or districts could challenge provisions or seek contract modifications.
  • Limits on copying tied to “fair use” leave interpretive questions about permitted copying amounts and practical access to subscription platforms.
  • The fiscal note from ADE reports no fiscal impact to the department; however, local districts or vendors could face operational or contractual impacts not addressed in the ADE note.

Legislative actions / timeline (selected)

  • Filed: 2025-01-16
  • House: Passed (3rd reading) April 10, 2025; amendment H1 adopted April 9, 2025; engrossed.
  • Referred to Senate Education Committee; Died in Senate Committee at sine die adjournment (May 5, 2025).

If you want, I can draft a short one-page analysis of likely legal challenges or model language to address vendor contract/licensing conflicts while retaining public access.

Compiled from official sources — confirm details with the bill’s official record.

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