Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1062 3
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By: Representative R. Scott Richardson 5
By: Senator Dees 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE TEACHER AND STUDENT PROTECTION 9
ACT OF 2025; TO PROHIBIT A STUDENT WHO IS REMOVED 10
FROM A CLASSROOM DUE TO VIOLENT OR ABUSIVE BEHAVIOR 11
AGAINST A TEACHER OR ANOTHER STUDENT FROM BEING 12
PLACED IN A CLASS WITH THE TEACHER OR STUDENT AGAINST 13
WHOM THE VIOLENT OR ABUSIVE BEHAVIOR WAS DIRECTED; 14
AND FOR OTHER PURPOSES. 15
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Subtitle 18
TO CREATE THE TEACHER AND STUDENT 19
PROTECTION ACT OF 2025. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. DO NOT CODIFY. Legislative intent. 24
(a) The General Assembly finds that: 25
(1) Eighty percent (80%) of those surveyed in an American 26
Psychological Association Task Force on Violence Against Educators and School 27
Personnel survey reported being victims of threats or violent acts at least 28
one (1) time at their schools, with fifty -six percent (56%) of teachers 29
surveyed reporting being victimized by students; and 30
(2) Nearly one million three hundred thousand (1,300,000) acts 31
of student-on-teacher violence were reported in a National Education 32
Association study. 33
(b) It is the intent of the General Assembly to: 34
(1) Provide a safe environment for teachers and students to work 35
and learn in the State of Arkansas; 36 HB1062
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(2) Ensure that teachers and students do not suffer from 1
repeated violent behavior from students; and 2
(3) Ensure proper measures are in place to prevent repeated acts 3
of violence in schools. 4
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SECTION 2. Arkansas Code § 6 -18-511 is amended to read as follows: 6
6-18-511. Removal by teacher. 7
(a) Consistent with state and federal law, a teacher may remove a 8
student from class and send him or her to the principal's or principal's 9
designee's office in order to maintain effective discipline in the classroom. 10
(b) A teacher may remove from class a student: 11
(1) Who has been documented by the teacher as repeatedly 12
interfering with the teacher's ability to teach the students in the class or 13
with the ability of the student's classmates to learn; or 14
(2) Whose behavior the teacher determines is so unruly, 15
disruptive, violent, or abusive that it seriously interferes with the 16
teacher's ability to teach the students in the class or with the ability of 17
the student's classmates to learn. 18
(c) If Except as provided under subsection (e) of this section, if a 19
teacher removes a student from class in accordance with subsection (b) of 20
this section, the principal or his or her designee may: 21
(1) Place the student into another appropriate classroom or into 22
in-school suspension so long as the placement is consistent with the public 23
school district's written student discipline policy; 24
(2) Return the student to the class; or 25
(3) Take other appropriate action consistent with the public 26
school district's discipline policy, state law, and federal law. 27
(d)(1) If a teacher removes a student from class two (2) or more times 28
during any nine-week grading period or its equivalent as determined by the 29
Division of Elementary and Secondary Education, the principal or the 30
principal's designee may shall not return the student to the teacher's class 31
unless a conference is held for the purpose of determining the causes of the 32
problem and possible solutions, with the following individuals present: 33
(A) The principal or the principal's designee; 34
(B) The teacher; 35
(C) The school counselor; 36 HB1062
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(D) The parents, guardians, or persons in loco parentis; 1
and 2
(E) The student, if appropriate. 3
(2) The failure of the parents, guardians, or persons in loco 4
parentis to attend the conference provided for in this subsection required 5
under subdivision (d)(1) of this section shall not prevent the conference 6
from being held nor or prevent any action from being taken as a result of 7
that conference. 8
(e) Except as provided in subsection (f) of this section, a student 9
who is removed from a class under subsection (b) of this section due to 10
violent or abusive behavior against a teacher or another student shall: 11
(1)(A) Be placed in an alternative learning environment as 12
defined in § 6-48-101 for the duration of the review and conference as 13
required by subsection (d) of this section. 14
(B) While the student is in an alternative learning 15
environment as required by subdivision (e)(1)(A) of this section, the student 16
shall be subject to the relevant written student discipline policies 17
prescribed by his or her public school district; and 18
(2) Not be placed in a class with the teacher or student against 19
whom the violent or abusive behavior was directed if it is determined that 20
the student may leave the alternative learning environment and return to the 21
placement from which he or she was removed. 22
(f)(1)(A) If the violent or abusive behavior for which a student is 23
removed from class under this section is determined to be a manifestation of 24
the student's disability following a manifestation determination review of 25
the student's violent or abusive behavior under subdivision (f)(2) of this 26
section, then the student shall be placed in an appropriate interim 27
alternative educational program within the public school district. 28
(B) While the student is in an appropriate interim 29
alternative educational program as required by subdivision (f)(1)(A) of this 30
section, the student shall be subject to the relevant written student 31
discipline policies prescribed by his or her public school district. 32
(2) If the public school district, parents, legal guardians, or 33
persons standing in loco parentis to the student, and relevant members of the 34
student's individualized education program under § 6 -41-217 determine that 35
the student requires a change of placement, then the public school district, 36 HB1062
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parents, legal guardians, or persons standing in loco parentis to the 1
student, and relevant members of the student's individualized education 2
program shall conduct a manifestation determination review, which shall 3
include all relevant information in the student's file, including the 4
student's individualized education program under § 6 -41-217, teacher 5
observations, and other relevant information provided by the parent or legal 6
guardian of the student to determine if the violent or abusive behavior was: 7
(A)(i) Caused by, or had a direct and substantial 8
relationship to, the student's disability. 9
(ii) If it is determined that the student's violent 10
or abusive behavior is a manifestation of the student's disability under this 11
subdivision (f)(2), the student's individualized education program team 12
shall: 13
(a) Both: 14
(1) Conduct a functional behavioral 15
assessment; and 16
(2) Implement a behavioral intervention 17
plan or modify an existing behavioral intervention plan; and 18
(b)(1) Return the student to the placement 19
from which he or she was initially removed, unless it is agreed that a change 20
of placement should be part of the modification of the student's behavioral 21
intervention plan. 22
(2) However, the student shall not: 23
(A) Be placed in a class with the 24
teacher against whom the violent or abusive behavior was directed without the 25
consent of the teacher; or 26
(B) Return to the placement from 27
which he or she was initially removed without implementing the changes 28
recommended under subdivision (f)(2)(A)(ii)(a) of this section for at least 29
ten (10) days. 30
(3) If the violent or abusive behavior 31
was directed towards another student, then the student shall not be placed in 32
a class with the student against whom the violent or abusive behavior was 33
directed for the remainder of the school year; or 34
(B) The direct result of the public school district's 35
failure to implement the student's individualized education program. 36 HB1062
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(g) If a student is removed from a classroom under this section due to 1
violent or abusive behavior three (3) or more times during one (1) school 2
year, the student shall be: 3
(1) Placed in an alternative learning environment for the 4
remainder of the school year; or 5
(2) Expelled, as appropriate. 6
(h) As used in this section, "violent or abusive behavior" includes 7
without limitation: 8
(1) Using threatening or abusive language; 9
(2) Throwing an item; 10
(3) Physically abusing a teacher or another student; or 11
(4) Any other similar action that presents a physical danger or 12
a threat of physical danger to a teacher or another student. 13
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