Stricken language would be deleted from and underlined language would be added to present law. Act 805 of the Regular Session *TNL245* 03/11/2025 3:01:17 PM TNL245 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1805 3 4 By: Representatives Childress, Hawk 5 By: Senator K. Hammer 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE DEFINITION OF "BULLYING" WITH 9 RESPECT TO PUBLIC SCHOOL ANTIBULLYING POLICIES; TO 10 CREATE A PROCESS WHEREBY A PUBLIC SCHOOL MAY CONDUCT 11 MULTIPLE, SIMULTANEOUS INVESTIGATIONS INTO THE SAME 12 ALLEGATION OF BULLYING UNDER CERTAIN CIRCUMSTANCES; 13 AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 TO AMEND THE DEFINITION OF "BULLYING"; 18 AND TO CREATE A PROCESS WHEREBY A PUBLIC 19 SCHOOL MAY CONDUCT MULTIPLE, 20 SIMULTANEOUS INVESTIGATIONS INTO THE 21 SAME ALLEGATION OF BULLYING UNDER 22 CERTAIN CIRCUMSTANCES. 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code § 6 -18-514(b)(2)(A), concerning the 27 definition of "bullying" as it pertains to school antibullying policies, is 28 amended to read as follows: 29 (2)(A) “Bullying” means the intentional harassment, 30 intimidation, humiliation, ridicule, defamation, or threat or incitement of 31 violence by a student against another student or public school employee by a 32 written, verbal, electronic, or physical act that may: 33 (i) May address an attribute of the other student, 34 public school employee, or person with whom the other student or public 35 school employee is associated and that causes or creates actual or reasonably 36 HB1805 2 03/11/2025 3:01:17 PM TNL245 foreseeable:; 1 (ii) Involves an actual or reasonably perceived 2 power imbalance; 3 (iii) Is repeated or has a high likelihood of 4 repetition; and 5 (iv) Causes or creates actual or reasonably 6 foreseeable: 7 (i)(a) Physical harm to a public school 8 employee or student or damage to the public school employee's or student's 9 property; 10 (ii)(b) Substantial interference with a 11 student's education or with a public school employee's role in education; 12 (iii)(c) A hostile educational environment for 13 one (1) or more students or public school employees due to the severity, 14 persistence, or pervasiveness of the act; or 15 (iv)(d) Substantial disruption of the orderly 16 operation of the public school or educational environment. 17 18 SECTION 2. Arkansas Code § 6 -18-514, concerning school antibullying 19 policies, is amended to add additional subsections to read as follows: 20 (m) To prevent multiple, simultaneous investigations into the same 21 alleged conduct, if the facts that support an alleged incident of bullying 22 under this section may also constitute a violation of another state law or 23 rule or federal law or regulation, nothing in this section shall be construed 24 to prevent a public school or public school district from investigating and 25 disposing of the alleged incident of bullying in accordance with the other 26 applicable state law or rule or federal law or regulation in lieu of the 27 requirements of this section. 28 (n) A public school or public school district shall complete the 29 manner of process or investigation selected by the public school or public 30 school district under subsection (m) of this section. 31 (o) This section does not excuse a public school or public school 32 district from complying with applicable obligations under federal law or 33 regulations or state law or rules. 34 35 APPROVED: 4/17/25 36