Stricken language would be deleted from and underlined language would be added to present law.
Act 565 of the Regular Session
*TNL034* 03-31-2025 13:14:14 TNL034
State of ArkansasAs Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1062 3
4
By: Representative R. Scott Richardson 5
By: Senator Dees 6
7
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
16
17
Subtitle 18
TO CREATE THE TEACHER AND STUDENT 19
PROTECTION ACT OF 2025. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
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 As Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25 HB1062
2 03-31-2025 13:14:14 TNL034
(2) Ensure that teachers and students do not suffer from 1
repeated violent or abusive behavior from students; and 2
(3) Ensure proper measures are in place to prevent repeated acts 3
of violence in schools. 4
5
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 22
learning environment or into in-school suspension so long as the placement is 23
consistent with the public school district's written student discipline 24
policy; 25
(2) Return the student to the class; or 26
(3) Take other appropriate action consistent with the public 27
school district's discipline policy, state law, and federal law. 28
(d)(1)(A) If Each time a teacher removes a student from class two (2) times 29
during any nine-week grading period or its equivalent as determined by the 30
Division of Elementary and Secondary Education , the principal or the 31
principal's designee may shall not return the student to the teacher's class 32
unless until a conference is held for the purpose of determining the causes 33
of the problem and possible solutions, with the following individuals 34
present: 35
(A)(i) The principal or the principal's designee 36 As Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25 HB1062
3 03-31-2025 13:14:14 TNL034
(B)(ii) The teacher; 1
(C)(iii) The school counselor; 2
(D)(iv) The parents, guardians, or persons standing in 3
loco parentis; and 4
(E)(v) The student, if appropriate. 5
(B) However, a teacher is not required to remove a student 6
from class each time the student is unruly or disruptive during the teacher's 7
class. 8
(2) The failure of the parents, guardians, or persons in loco 9
parentis to attend the conference provided for in this subsection required 10
under subdivision (d)(1) of this section shall not prevent the conference 11
from being held nor or prevent any action from being taken as a result of 12
that conference. 13
(3) If a student with a disability identified under the 14
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it 15
existed on January 1, 2025, or Section 504 of the Rehabilitation Act of 1973, 16
Pub. L. No. 93-112, as it existed on January 1, 2025, is removed under this 17
subsection (d), then the conference required under subdivision (d)(1) of this 18
section shall serve as a manifestation determination review as required under 19
subsection (f) of this section. 20
(4) If it is determined during a conference held under this 21
subsection (d) that the student was removed from the teacher's class because 22
of violent behavior, the individuals conducting the conference shall 23
determine if a behavioral threat assessment is necessary for the student. 24
(e) Except as provided in subsection (f) of this section, a student 25
who is removed from a class under subsection (b) of this section due to 26
violent or abusive behavior against a teacher or another student shall: 27
(1)(A) Be placed in an appropriate interim learning environment 28
for the duration of the review and conference as required by subsection (d) 29
of this section. 30
(B) While the student is in an appropriate interim 31
learning environment as required by subdivision (e)(1)(A) of this section, 32
the student shall be subject to the relevant written student discipline 33
policies prescribed by his or her public school district; and 34
(2) Not be placed in a class with the teacher or student against 35
whom the violent or abusive behavior was directed if it is determined that 36 As Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25 HB1062
4 03-31-2025 13:14:14 TNL034
the student may leave the appropriate interim learning environment and return 1
to the placement from which he or she was removed. 2
(f)(1)(A) If the violent or abusive behavior for which a student is 3
removed from class under this section is determined to be a manifestation of 4
the student's disability following a manifestation determination review of 5
the student's violent or abusive behavior under subdivision (f)(2) of this 6
section, then the student shall be temporarily placed in an appropriate 7
interim learning environment within the public school district for no more 8
than ten (10) days while the members of the manifestation determination 9
review team determine the appropriate course of action under this subsection 10
(f). 11
(B) While the student is in an appropriate interim 12
learning environment as required by subdivision (f)(1)(A) of this section, 13
the student shall be subject to the relevant written student discipline 14
policies prescribed by his or her public school district. 15
(2) If the public school district, teacher against whom the 16
violent or abusive behavior was directed, parents, legal guardians, or 17
persons standing in loco parentis to the student, and relevant members of the 18
student's individualized education program under § 6 -41-217 determine that 19
the student requires a change of placement, then the public school district, 20
teacher against whom the violent or abusive behavior was directed , parents, 21
legal guardians, or persons standing in loco parentis to the student, and 22
relevant members of the student's individualized education program shall 23
conduct a manifestation determination review, which shall include all 24
relevant information in the student's file, including the student's 25
individualized education program under § 6 -41-217, teacher observations, and 26
other relevant information provided by the parent or legal guardian of the 27
student. 28
(g) If a student is removed from a classroom under this 29
section due to violent or abusive behavior three (3) or more times during one 30
(1) school year, the student shall be: 31
(1) Placed in an appropriate interim learning environment for 32
the remainder of the school year; or 33
(2) Disciplined according to the requirements of the written 34
student discipline policy of the public school district in which the student 35
is enrolled. 36 As Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25 HB1062
5 03-31-2025 13:14:14 TNL034
(h) As used in this section: 1
(1) "Appropriate interim learning environment" means an 2
appropriate learning environment that is used for a period of time not to 3
exceed ten (10) days; 4
(2) "Appropriate learning environment" means a setting within a 5
public school or public school district that provides a similar structure to 6
the following without limitation: 7
(A) A classroom; or; 8
(B) In-school suspension; and 9
(3) "Violent or abusive behavior" means without limitation: 10
(A) Using threatening language; 11
(B) Throwing an item that risks or causes: 12
(i) Harm to another individual; 13
(ii) Injury to another individual; or 14
(iii) Damage to property; 15
(C) Physically abusing a teacher or another student; or 16
(D) Any other similar action that presents a physical 17
danger or a threat of physical danger to a teacher or another student. 18
(i) This section does not apply to: 19
(1) An educational facility of the Division of Youth Services; 20
(2) An educational facility that contracts with the division; or 21
(3) The Arkansas Correctional School District. 22
23
24
25
26
27
28
/s/R. Scott Richardson 29
30
31
APPROVED: 4/14/25 32
33
34
35
36