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Arkansas House Bill HB1791

Arkansas 2023 Regular Session

Arkansas House Bill HB1791 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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44 State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 HOUSE BILL 1791 3
77 4
88 By: Representative Gazaway 5
99 6
1010 For An Act To Be Entitled 7
1111 AN ACT CONCERNING STUDENT D ISCIPLINE IN PUBLIC 8
1212 SCHOOLS; TO REQUIRE PUBLIC SCHOOL DISTRI CT BOARDS OF 9
1313 DIRECTORS TO INCLUDE IN STUDENT DISCIPLIN E POLICIES 10
1414 THE REQUIREMENT THAT PUBLIC SCHOOLS CONDU CT AN 11
1515 ASSESSMENT OF A PUBL IC SCHOOL STUDENT'S ADVERSE 12
1616 CHILDHOOD EXPERIENCES BEFORE DISCIPL INING A PUBLIC 13
1717 SCHOOL STUDENT; AND FOR OTHER PURPOSES. 14
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2020 Subtitle 17
2121 TO REQUIRE SCHOOL DISTRICT BOARDS OF 18
2222 DIRECTORS TO INCLUDE IN STUDENT 19
2323 DISCIPLINE POLICIES THE REQUIREMENT THAT 20
2424 SCHOOLS CONDUCT AN ASSESSMENT OF A 21
2525 STUDENT'S ADVERSE CHILD HOOD EXPERIENCES 22
2626 BEFORE DISCIPLINING A STUDENT. 23
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2929 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
3030 27
3131 SECTION 1. Arkansas Code § 6 -18-516(a), concerning the definition of 28
3232 "exclusionary disciplinary actions", is amended to read as follows: 29
3333 (a) As used in this section, “exclusionary disciplinary actions” means 30
3434 out-of-school suspension and expulsion of a student who attends public school 31
3535 on-site, through virtual means, or any combination of both . 32
3636 33
3737 SECTION 2. Arkansas Code Title 6, Chapter 18, Subchapter 5, is amended 34
3838 to add additional sections to read as follows: 35
3939 6-18-517. Adverse childhood experiences — Consideration when 36 HB1791
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4444 disciplining — Definition. 1
4545 (a)(1) As used in this section, an "adverse childhood experience" 2
4646 means a stressful or traumatic event experienced by a minor child. 3
4747 (2) An "adverse childhood experience" may include without 4
4848 limitation a minor child witnessing, or being the victim of: 5
4949 (A) Physical abuse; 6
5050 (B) Sexual abuse; 7
5151 (C) Emotional abuse; 8
5252 (D) Physical neglect; 9
5353 (E) Emotional neglect; 10
5454 (F) Domestic violence; 11
5555 (G) Substance abuse; 12
5656 (H) Mental illness; 13
5757 (I) Parental separation or divorce; and 14
5858 (J) Incarceration. 15
5959 (b)(1) A public school district board of directors shall include 16
6060 within the written student discipline policies required under § 6 -18-503 the 17
6161 requirement that a public school administrator or his or her designee make a 18
6262 reasonable request for information related to adverse childhood experiences 19
6363 or childhood trauma that ma y have manifested in the behavior exhibited by the 20
6464 public school student before the placement of the public school student in an 21
6565 alternative learning environment or the implementation of an exclusionary 22
6666 disciplinary action, as defined in § 6 -18-516, that would exceed ten (10) 23
6767 cumulative days out of school within one (1) school year. 24
6868 (2) Information received by a public school district in response 25
6969 to a request under subdivision (b)(1) of this section shall be reviewed and 26
7070 considered by appropriate public school district personnel before the 27
7171 placement of a public school student in an alternative learning environment 28
7272 or the implementation of an exclusionary disciplinary action, as defined in § 29
7373 6-18-516, that would exceed ten (10) consecutive days or ten (10) cumulative 30
7474 days out of school within one (1) school year. 31
7575 (3) Information requested under subdivision (b)(1) of this 32
7676 section may be obtained from: 33
7777 (A) The parent, guardian, or person standing in loco 34
7878 parentis of the public school student; 35
7979 (B) The public school student, if appropriate; 36 HB1791
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8484 (C) Records maintained by or available to the public 1
8585 school; 2
8686 (D) Public school district employees, including without 3
8787 limitation the public school district: 4
8888 (i) Liaison for students who are in foster care; 5
8989 (ii) Liaison for students who are homeless; 6
9090 (iii) A counselor; 7
9191 (iv) A nurse; or 8
9292 (v) A social worker; and 9
9393 (E)(i) An employee of the Department of Human Services if 10
9494 the public school student is or has been the subject of a curre nt or former 11
9595 case overseen by the department. 12
9696 (ii) An employee of the department shall provide, 13
9797 upon request of a public school, information relevant to the public school's 14
9898 review of adverse childhood experiences related to behavior that violates the 15
9999 public school's code of conduct. 16
100100 (c)(1) If an adverse childhood experience is determined to have a 17
101101 direct and substantial causal relationship to the behavior of the public 18
102102 school student, the public school district in which the public school student 19
103103 is enrolled shall provide to the public school student behavioral supports 20
104104 that the public school district determines are appropriate. 21
105105 (2)(A) A determination that a public school student has 22
106106 experienced an adverse childhood experience does not prohibit a pu blic school 23
107107 from imposing disciplinary action. 24
108108 (B) However, an adverse childhood experience shall be 25
109109 considered in determining whether disciplinary action is appropriate and what 26
110110 disciplinary action would be implemented. 27
111111 (3) Placement in an alternat ive learning environment as 28
112112 described in § 6-48-101 et seq. and other alternative restorative practices 29
113113 shall be considered before expelling a public school student who has 30
114114 experienced an adverse childhood experience that may have manifested into 31
115115 significant behaviors exhibited by the public school student. 32
116116 (d) Nothing in this section shall be construed to prohibit 33
117117 implementing disciplinary action consistent with § 6 -18-507. 34
118118 (e) The State Board of Education may promulgate rules necessary for 35
119119 the implementation of this section. 36 HB1791
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125125 6-18-518. Positive behavioral supports. 2
126126 (a) The Division of Elementary and Secondary Education shall develop a 3
127127 model of positive behavioral supports and resources to be used at the: 4
128128 (1) Prevention level for each public scho ol student in the 5
129129 public school; 6
130130 (2) Strategic intervention level for a public school student who 7
131131 is not responding, from a social, emotional, or behavioral perspective, to 8
132132 the prevention level; and 9
133133 (3) Intensive service or crisis -management level for a public 10
134134 school student who needs multifaceted or comprehensive behavioral or mental 11
135135 health services. 12
136136 (b) Positive behavioral supports and resources shall include the 13
137137 following: 14
138138 (1) The teaching and reinforcing of interpersonal, social, 15
139139 problem-solving, conflict resolution, and coping skills to a public school 16
140140 student; 17
141141 (2) Holding a public school student positively accountable for 18
142142 meeting an established behavioral expectation; 19
143143 (3) Maintaining a high level of consistency through the 20
144144 implementation process; and 21
145145 (4) The following interrelated activities: 22
146146 (A) Providing a school -wide approach to the discipline and 23
147147 safety of each public school student rather than an approach to only the 24
148148 behavior problem of a public school student; 25
149149 (B) Focusing on preventing the development and occurrence 26
150150 of problem behavior; 27
151151 (C) Regularly reviewing behavior data to adapt the 28
152152 procedures of a public school to meet the needs of every public school 29
153153 student; and 30
154154 (D) Providing a multitiered app roach to academic and 31
155155 behavioral services and support to meet the academic and behavioral 32
156156 achievement needs of each public school student. 33
157157 (c) A positive behavioral support system and conflict resolution or 34
158158 de-escalation approach implemented by a public school district shall be based 35
159159 on the following principles: 36 HB1791
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163163
164164 (1) The right of a public school student to be treated with 1
165165 dignity; 2
166166 (2) Necessary academic, social, emotional, and behavioral 3
167167 support should be provided in a safe and the least -restrictive environment 4
168168 possible; 5
169169 (3) Positive and appropriate academic, social, emotional, or 6
170170 behavioral intervention, as well as mental health support, should be provided 7
171171 routinely to each public school student who needs the intervention or 8
172172 support; 9
173173 (4) The appropriate public school personnel should be trained to 10
174174 provide positive and appropriate academic, social, emotional, or behavioral 11
175175 intervention, as well as mental health support, to each public school student 12
176176 who needs intervention or support; 13
177177 (5) Behavioral intervention should emphasize prevention and 14
178178 should be part of a public school's system of positive behavioral supports; 15
179179 (6) A public school student should have access to public school 16
180180 personnel who effectively provide positive support to a public school student 17
181181 who needs the support; 18
182182 (7) A public school should appropriately train its public school 19
183183 personnel to be able to address the needs of each public school student; 20
184184 (8) Appropriate public school personnel should receive training 21
185185 in: 22
186186 (A) The use of positive behavioral support for public 23
187187 school student behavior; 24
188188 (B) Preventative techniques for teaching and motivating 25
189189 pro-social public school student behavior; and 26
190190 (C) Conflict de-escalation and resolution techniques, 27
191191 which should be employed by all public school personnel to prevent, defuse, 28
192192 evaluate, and debrief a crisis and conflict situation; and 29
193193 (9) Each public school student who exhibits an ongoing behavior 30
194194 that interferes with his or her learning or the learning of others, and who 31
195195 is nonresponsive to effectively implemented classroom or administrative 32
196196 intervention, should receive additional intensive behavioral intervention 33
197197 that is based on a functional behavior assessment and data -based problem 34
198198 solving. 35
199199 (d) The model developed by the division under subdivision (a)(1) of 36 HB1791
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204204 this section shall include information regarding how a public school may 1
205205 establish a problem-solving and intervention team for a public school student 2
206206 who exhibits social, emotional, or behavioral difficul ty that may, if not 3
207207 addressed, escalate to potentially dangerous behavior. 4
208208 (e) The State Board of Education may promulgate rules necessary for 5
209209 the implementation of this section. 6
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