Court Finds Conway School Board Violated FOIA Laws in Executive Sessions

CONWAY, Ark. — A court order has been filed in a lawsuit against the Conway School District and the Conway School District Board of Education finding violations of the Arkansas Freedom of Information Act (FOIA), after a roughly three-hour hearing on January 15th, 2025.

The lawsuit was originally filed on September 12, 2025, after the Conway School Board entered executive session during an August 12, 2025, public meeting to discuss matters that FOIA requires to be conducted in open session. The suit alleged that the Board illegally used executive session to discuss allegations involving an extensive misuse of school district funds, a proposed motion requesting a Legislative Audit on said misuse, and general procedures related to the process of hiring a superintendent.

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Faulkner County Circuit Court Judge Susan Weaver specifically found that, as set forth in paragraph 27 of the complaint, the Board entered executive session for purposes not authorized by statute and discussed matters that did not qualify for executive session under FOIA.

Under Arkansas law, executive sessions are permitted only for limited purposes involving the employment, appointment, promotion, demotion, disciplining, or resignation of a specific public employee. The court found that the Board discussed policy matters and general information that did not involve any specific employee’s employment status.

The Court also found that the Board failed to properly announce the specific lawful purpose for entering executive session and instead provided only a general statement referencing “personnel matters,” which prevented the public from understanding what was being discussed behind closed doors. FOIA requires that “the specific purpose of the executive session shall be announced in public before going into executive session.” Paragraphs 29 and 30 of the complaint outline this issue.

The Court granted declaratory relief confirming that FOIA was violated and enjoined the defendants from holding executive sessions except in strict compliance with Arkansas law.

McCutchen said, “The Freedom of Information Act guarantees the public’s right to observe how and why decisions involving taxpayer money and public policy are made. The public is entitled to see and know how the sausage is made. Public boards are not permitted to conduct public business behind closed doors unless the law clearly allows it. This ruling reinforces the fact that public business must be performed in an open and public manner.”