Stricken language would be deleted from and underlined language would be added to present law.
*TNL443* 3/29/2023 4:49:19 PM TNL443
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1791 3
4
By: Representative Gazaway 5
6
For An Act To Be Entitled 7
AN ACT CONCERNING STUDENT D ISCIPLINE IN PUBLIC 8
SCHOOLS; TO REQUIRE PUBLIC SCHOOL DISTRI CT BOARDS OF 9
DIRECTORS TO INCLUDE IN STUDENT DISCIPLIN E POLICIES 10
THE REQUIREMENT THAT PUBLIC SCHOOLS CONDU CT AN 11
ASSESSMENT OF A PUBL IC SCHOOL STUDENT'S ADVERSE 12
CHILDHOOD EXPERIENCES BEFORE DISCIPL INING A PUBLIC 13
SCHOOL STUDENT; AND FOR OTHER PURPOSES. 14
15
16
Subtitle 17
TO REQUIRE SCHOOL DISTRICT BOARDS OF 18
DIRECTORS TO INCLUDE IN STUDENT 19
DISCIPLINE POLICIES THE REQUIREMENT THAT 20
SCHOOLS CONDUCT AN ASSESSMENT OF A 21
STUDENT'S ADVERSE CHILD HOOD EXPERIENCES 22
BEFORE DISCIPLINING A STUDENT. 23
24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 6 -18-516(a), concerning the definition of 28
"exclusionary disciplinary actions", is amended to read as follows: 29
(a) As used in this section, “exclusionary disciplinary actions” means 30
out-of-school suspension and expulsion of a student who attends public school 31
on-site, through virtual means, or any combination of both . 32
33
SECTION 2. Arkansas Code Title 6, Chapter 18, Subchapter 5, is amended 34
to add additional sections to read as follows: 35
6-18-517. Adverse childhood experiences — Consideration when 36 HB1791
2 3/29/2023 4:49:19 PM TNL443
disciplining — Definition. 1
(a)(1) As used in this section, an "adverse childhood experience" 2
means a stressful or traumatic event experienced by a minor child. 3
(2) An "adverse childhood experience" may include without 4
limitation a minor child witnessing, or being the victim of: 5
(A) Physical abuse; 6
(B) Sexual abuse; 7
(C) Emotional abuse; 8
(D) Physical neglect; 9
(E) Emotional neglect; 10
(F) Domestic violence; 11
(G) Substance abuse; 12
(H) Mental illness; 13
(I) Parental separation or divorce; and 14
(J) Incarceration. 15
(b)(1) A public school district board of directors shall include 16
within the written student discipline policies required under § 6 -18-503 the 17
requirement that a public school administrator or his or her designee make a 18
reasonable request for information related to adverse childhood experiences 19
or childhood trauma that ma y have manifested in the behavior exhibited by the 20
public school student before the placement of the public school student in an 21
alternative learning environment or the implementation of an exclusionary 22
disciplinary action, as defined in § 6 -18-516, that would exceed ten (10) 23
cumulative days out of school within one (1) school year. 24
(2) Information received by a public school district in response 25
to a request under subdivision (b)(1) of this section shall be reviewed and 26
considered by appropriate public school district personnel before the 27
placement of a public school student in an alternative learning environment 28
or the implementation of an exclusionary disciplinary action, as defined in § 29
6-18-516, that would exceed ten (10) consecutive days or ten (10) cumulative 30
days out of school within one (1) school year. 31
(3) Information requested under subdivision (b)(1) of this 32
section may be obtained from: 33
(A) The parent, guardian, or person standing in loco 34
parentis of the public school student; 35
(B) The public school student, if appropriate; 36 HB1791
3 3/29/2023 4:49:19 PM TNL443
(C) Records maintained by or available to the public 1
school; 2
(D) Public school district employees, including without 3
limitation the public school district: 4
(i) Liaison for students who are in foster care; 5
(ii) Liaison for students who are homeless; 6
(iii) A counselor; 7
(iv) A nurse; or 8
(v) A social worker; and 9
(E)(i) An employee of the Department of Human Services if 10
the public school student is or has been the subject of a curre nt or former 11
case overseen by the department. 12
(ii) An employee of the department shall provide, 13
upon request of a public school, information relevant to the public school's 14
review of adverse childhood experiences related to behavior that violates the 15
public school's code of conduct. 16
(c)(1) If an adverse childhood experience is determined to have a 17
direct and substantial causal relationship to the behavior of the public 18
school student, the public school district in which the public school student 19
is enrolled shall provide to the public school student behavioral supports 20
that the public school district determines are appropriate. 21
(2)(A) A determination that a public school student has 22
experienced an adverse childhood experience does not prohibit a pu blic school 23
from imposing disciplinary action. 24
(B) However, an adverse childhood experience shall be 25
considered in determining whether disciplinary action is appropriate and what 26
disciplinary action would be implemented. 27
(3) Placement in an alternat ive learning environment as 28
described in § 6-48-101 et seq. and other alternative restorative practices 29
shall be considered before expelling a public school student who has 30
experienced an adverse childhood experience that may have manifested into 31
significant behaviors exhibited by the public school student. 32
(d) Nothing in this section shall be construed to prohibit 33
implementing disciplinary action consistent with § 6 -18-507. 34
(e) The State Board of Education may promulgate rules necessary for 35
the implementation of this section. 36 HB1791
4 3/29/2023 4:49:19 PM TNL443
1
6-18-518. Positive behavioral supports. 2
(a) The Division of Elementary and Secondary Education shall develop a 3
model of positive behavioral supports and resources to be used at the: 4
(1) Prevention level for each public scho ol student in the 5
public school; 6
(2) Strategic intervention level for a public school student who 7
is not responding, from a social, emotional, or behavioral perspective, to 8
the prevention level; and 9
(3) Intensive service or crisis -management level for a public 10
school student who needs multifaceted or comprehensive behavioral or mental 11
health services. 12
(b) Positive behavioral supports and resources shall include the 13
following: 14
(1) The teaching and reinforcing of interpersonal, social, 15
problem-solving, conflict resolution, and coping skills to a public school 16
student; 17
(2) Holding a public school student positively accountable for 18
meeting an established behavioral expectation; 19
(3) Maintaining a high level of consistency through the 20
implementation process; and 21
(4) The following interrelated activities: 22
(A) Providing a school -wide approach to the discipline and 23
safety of each public school student rather than an approach to only the 24
behavior problem of a public school student; 25
(B) Focusing on preventing the development and occurrence 26
of problem behavior; 27
(C) Regularly reviewing behavior data to adapt the 28
procedures of a public school to meet the needs of every public school 29
student; and 30
(D) Providing a multitiered app roach to academic and 31
behavioral services and support to meet the academic and behavioral 32
achievement needs of each public school student. 33
(c) A positive behavioral support system and conflict resolution or 34
de-escalation approach implemented by a public school district shall be based 35
on the following principles: 36 HB1791
5 3/29/2023 4:49:19 PM TNL443
(1) The right of a public school student to be treated with 1
dignity; 2
(2) Necessary academic, social, emotional, and behavioral 3
support should be provided in a safe and the least -restrictive environment 4
possible; 5
(3) Positive and appropriate academic, social, emotional, or 6
behavioral intervention, as well as mental health support, should be provided 7
routinely to each public school student who needs the intervention or 8
support; 9
(4) The appropriate public school personnel should be trained to 10
provide positive and appropriate academic, social, emotional, or behavioral 11
intervention, as well as mental health support, to each public school student 12
who needs intervention or support; 13
(5) Behavioral intervention should emphasize prevention and 14
should be part of a public school's system of positive behavioral supports; 15
(6) A public school student should have access to public school 16
personnel who effectively provide positive support to a public school student 17
who needs the support; 18
(7) A public school should appropriately train its public school 19
personnel to be able to address the needs of each public school student; 20
(8) Appropriate public school personnel should receive training 21
in: 22
(A) The use of positive behavioral support for public 23
school student behavior; 24
(B) Preventative techniques for teaching and motivating 25
pro-social public school student behavior; and 26
(C) Conflict de-escalation and resolution techniques, 27
which should be employed by all public school personnel to prevent, defuse, 28
evaluate, and debrief a crisis and conflict situation; and 29
(9) Each public school student who exhibits an ongoing behavior 30
that interferes with his or her learning or the learning of others, and who 31
is nonresponsive to effectively implemented classroom or administrative 32
intervention, should receive additional intensive behavioral intervention 33
that is based on a functional behavior assessment and data -based problem 34
solving. 35
(d) The model developed by the division under subdivision (a)(1) of 36 HB1791
6 3/29/2023 4:49:19 PM TNL443
this section shall include information regarding how a public school may 1
establish a problem-solving and intervention team for a public school student 2
who exhibits social, emotional, or behavioral difficul ty that may, if not 3
addressed, escalate to potentially dangerous behavior. 4
(e) The State Board of Education may promulgate rules necessary for 5
the implementation of this section. 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36