| 3 | 2 | | *TNL245* 03/11/2025 3:01:17 PM TNL245 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1805 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Representatives Childress, Hawk 5 |
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| 9 | 8 | | By: Senator K. Hammer 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND THE DEFINITION OF "BULLYING" WITH 9 |
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| 13 | 12 | | RESPECT TO PUBLIC SCHOOL ANTIBULLYING POLICIES; TO 10 |
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| 14 | 13 | | CREATE A PROCESS WHEREBY A PUBLIC SCHOOL MAY CONDUCT 11 |
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| 15 | 14 | | MULTIPLE, SIMULTANEOUS INVESTIGATIONS INTO THE SAME 12 |
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| 16 | 15 | | ALLEGATION OF BULLYING UNDER CERTAIN CIRCUMSTANCES; 13 |
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| 17 | 16 | | AND FOR OTHER PURPOSES. 14 |
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| 18 | 17 | | 15 |
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| 19 | 18 | | 16 |
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| 20 | 19 | | Subtitle 17 |
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| 21 | 20 | | TO AMEND THE DEFINITION OF "BULLYING"; 18 |
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| 22 | 21 | | AND TO CREATE A PROCESS WHEREBY A PUBLIC 19 |
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| 23 | 22 | | SCHOOL MAY CONDUCT MULTIPLE, 20 |
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| 24 | 23 | | SIMULTANEOUS INVESTIGATIONS INTO THE 21 |
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| 25 | 24 | | SAME ALLEGATION OF BULLYING UNDER 22 |
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| 26 | 25 | | CERTAIN CIRCUMSTANCES. 23 |
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| 27 | 26 | | 24 |
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| 28 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
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| 29 | 28 | | 26 |
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| 30 | 29 | | SECTION 1. Arkansas Code § 6 -18-514(b)(2)(A), concerning the 27 |
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| 31 | 30 | | definition of "bullying" as it pertains to school antibullying policies, is 28 |
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| 32 | 31 | | amended to read as follows: 29 |
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| 33 | 32 | | (2)(A) “Bullying” means the intentional harassment, 30 |
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| 34 | 33 | | intimidation, humiliation, ridicule, defamation, or threat or incitement of 31 |
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| 35 | 34 | | violence by a student against another student or public school employee by a 32 |
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| 36 | 35 | | written, verbal, electronic, or physical act that may: 33 |
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| 37 | 36 | | (i) May address an attribute of the other student, 34 |
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| 38 | 37 | | public school employee, or person with whom the other student or public 35 |
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| 39 | 38 | | school employee is associated and that causes or creates actual or reasonably 36 HB1805 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 03/11/2025 3:01:17 PM TNL245 |
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| 42 | 41 | | foreseeable:; 1 |
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| 43 | 42 | | (ii) Involves an actual or reasonably perceived 2 |
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| 44 | 43 | | power imbalance; 3 |
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| 45 | 44 | | (iii) Is repeated or has a high likelihood of 4 |
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| 46 | 45 | | repetition; and 5 |
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| 47 | 46 | | (iv) Causes or creates actual or reasonably 6 |
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| 48 | 47 | | foreseeable: 7 |
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| 49 | 48 | | (i)(a) Physical harm to a public school 8 |
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| 50 | 49 | | employee or student or damage to the public school employee's or student's 9 |
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| 51 | 50 | | property; 10 |
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| 52 | 51 | | (ii)(b) Substantial interference with a 11 |
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| 53 | 52 | | student's education or with a public school employee's role in education; 12 |
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| 54 | 53 | | (iii)(c) A hostile educational environment for 13 |
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| 55 | 54 | | one (1) or more students or public school employees due to the severity, 14 |
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| 56 | 55 | | persistence, or pervasiveness of the act; or 15 |
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| 57 | 56 | | (iv)(d) Substantial disruption of the orderly 16 |
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| 58 | 57 | | operation of the public school or educational environment. 17 |
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| 59 | 58 | | 18 |
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| 60 | 59 | | SECTION 2. Arkansas Code § 6 -18-514, concerning school antibullying 19 |
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| 61 | 60 | | policies, is amended to add additional subsections to read as follows: 20 |
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| 62 | 61 | | (m) To prevent multiple, simultaneous investigations into the same 21 |
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| 63 | 62 | | alleged conduct, if the facts that support an alleged incident of bullying 22 |
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| 64 | 63 | | under this section may also constitute a violation of another state law or 23 |
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| 65 | 64 | | rule or federal law or regulation, nothing in this section shall be construed 24 |
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| 66 | 65 | | to prevent a public school or public school district from investigating and 25 |
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| 67 | 66 | | disposing of the alleged incident of bullying in accordance with the other 26 |
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| 68 | 67 | | applicable state law or rule or federal law or regulation in lieu of the 27 |
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| 69 | 68 | | requirements of this section. 28 |
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| 70 | 69 | | (n) A public school or public school district shall complete the 29 |
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| 71 | 70 | | manner of process or investigation selected by the public school or public 30 |
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| 72 | 71 | | school district under subsection (m) of this section. 31 |
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| 73 | 72 | | (o) This section does not excuse a public school or public school 32 |
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| 74 | 73 | | district from complying with applicable obligations under federal law or 33 |
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| 75 | 74 | | regulations or state law or rules. 34 |
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| 76 | 75 | | 35 |
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