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Arkansas Senate Bill SB451

Arkansas 2025 Regular Session

Arkansas Senate Bill SB451 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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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 451 3
66 4
77 By: Senator Hester 5
88 By: Representatives R. Scott Richardson, D. Garner, Lundstrum 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT CONCERNING STUDENT MENTAL HEALTH; TO REQUIRE 9
1212 THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF 10
1313 EDUCATION TO ESTABLISH REGIONAL BEHAVIORAL HEALTH 11
1414 CRISIS RESPONSE TEAMS; TO AMEND THE LAW CONCERNING 12
1515 THE EDUCATION OF STUDENTS PLACED IN JUVENILE 13
1616 DETENTION FACILITIES; TO DECLARE AN EMERGENCY; AND 14
1717 FOR OTHER PURPOSES. 15
1818 16
1919 17
2020 Subtitle 18
2121 TO REQUIRE THE DEPARTMENT OF HEALTH AND 19
2222 THE DEPARTMENT OF EDUCATION TO ESTABLISH 20
2323 REGIONAL BEHAVIORAL HEALTH CRISIS 21
2424 RESPONSE TEAMS; TO AMEND THE LAW 22
2525 CONCERNING THE EDUCATION OF CERTAIN 23
2626 STUDENTS; AND TO DECLARE AN EMERGENCY. 24
2727 25
2828 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
2929 27
3030 SECTION 1. Arkansas Code Title 6, Chapter 18, Subchapter 1, is amended 28
3131 to add an additional section to read as follows: 29
3232 6-18-116. Behavioral health crisis response team. 30
3333 (a) Beginning with the 2025 -2026 school year, each public school 31
3434 district and open-enrollment public charter school shall conduct a behavioral 32
3535 threat assessment when a student enrolled in the public school district or 33
3636 open-enrollment public charter school is found to have demonstrated a 34
3737 behavior that is substantially likely to cause injury to the student, other 35
3838 students, or staff. 36 SB451
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4141 (b) No later than July 1, 2025, the Department of Human Services, as 1
4242 lead agency, in consultation with the Department of Education shall establish 2
4343 regional behavioral health crisis response teams to assist public school 3
4444 districts and open-enrollment public charter schools with: 4
4545 (1) Reviewing the behavioral threat data collected and analyzed 5
4646 by a public school district or an open -enrollment public charter school; 6
4747 (2) Confirming the threat level of a student identified by a 7
4848 public school district or an open -enrollment public charter school; and 8
4949 (3) Locating the appropriate services and placement for a 9
5050 student who demonstrates a behavior that is substantially likely to cause 10
5151 injury to the student, other students, or staff. 11
5252 (c) A behavioral health crisis response team shall: 12
5353 (1) Respond to a request from a public school district or an 13
5454 open-enrollment public charter school within forty -eight (48) hours of 14
5555 notification of the request; and 15
5656 (2) Work with a referring public school district or open -16
5757 enrollment public charter school and the family of a student referred under 17
5858 this section to develop a behavioral health management plan for a student who 18
5959 demonstrates behavior that is substantially likely to cause injury to the 19
6060 student, other students, or staff. 20
6161 (d) A behavioral health management plan developed under subdivision 21
6262 (c)(2) of this section shall include without limitation: 22
6363 (1)(A) The appropriate services and placement for a student 23
6464 referred under this section and his or her family. 24
6565 (B) Placement under subdivision (d)(1)(A) of this section 25
6666 may include without limitation: 26
6767 (i) A day treatment facility; 27
6868 (ii) A residential treatment facility; 28
6969 (iii) A state-operated facility; 29
7070 (iv) A homebound placement; or 30
7171 (v) Another facility or program that meets the acute 31
7272 behavioral care needs of the student; and 32
7373 (2) A plan for transitioning a student referred under this 33
7474 section back to his or her public school district or open -enrollment public 34
7575 charter school when the student is no longer demonstrating a behavior that is 35
7676 substantially likely to cause injury to the student, other students, or 36 SB451
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7979 staff. 1
8080 (e) By July 1, 2025, the Department of Human Services shall: 2
8181 (1) Establish regional behavioral health crisis response teams 3
8282 sufficient to meet the needs of public school districts and open -enrollment 4
8383 public charter schools in the state; and 5
8484 (2)(A) Identify existing inpatient and outpatient acute care 6
8585 behavioral health programs available to serve each student who demonstrates a 7
8686 behavior that is substantially likely to cause injury to the student, other 8
8787 students, or staff. 9
8888 (B) If existing behavioral health programs are 10
8989 insufficient to adequately meet the needs of Arkansas students, the 11
9090 Department of Human Services shall establish new behavioral health programs 12
9191 throughout the state. 13
9292 (f) The Department of Human Services shall review and revise acute 14
9393 care licensing requirements for programs that serve students who demonstrate 15
9494 behaviors that are substantially likely to cause injury to the student, other 16
9595 students, or staff to ensure the following without limitation: 17
9696 (1) A program that accepts students referred through a 18
9797 behavioral health crisis response team receives funding per student to 19
9898 provide the necessary services to address the specific behavioral and mental 20
9999 health needs of each student; 21
100100 (2) A referred student under this section is not denied access 22
101101 to care based on an inability to pay for care; 23
102102 (3) A program provides the necessary treatment for a student who 24
103103 demonstrates a behavior that is substantially likely to cause injury to the 25
104104 student, other students, or staff; and 26
105105 (4) A program does not establish exclusionary policies for 27
106106 admittance or removal that directly relate to the: 28
107107 (A) Level of services needed by a student referred under 29
108108 this section; 30
109109 (B) Level of danger posed by a student referred under this 31
110110 section; 32
111111 (C) Level of intellectual functioning of a student 33
112112 referred under this section; or 34
113113 (D) Disability status of a student referred under this 35
114114 section. 36 SB451
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117117 (g) The Department of Education shall provide funding for the 1
118118 education of students in approved residential or inpatient facilities in 2
119119 accordance with § 6-20-107. 3
120120 4
121121 SECTION 2. Arkansas Code § 6 -18-202(a)(2), concerning the definition 5
122122 of "reside" as it pertains to age and residency requirements for attending 6
123123 public schools, is amended to read as follows: 7
124124 (2)(A) “Reside” means to be physically present and to maintain a 8
125125 permanent place of abode for an average of no less than four (4) calendar 9
126126 days and nights per week for a primary purpose other than school attendance . 10
127127 (B) "Reside" does not include an out -of-state student 11
128128 placed in a residential facility in Arkansas ; 12
129129 13
130130 SECTION 3. Arkansas Code § 6 -20-104 is amended to read as follows: 14
131131 6-20-104. Reimbursement for educational services provided in juvenile 15
132132 detention facilities — Definition. 16
133133 (a)(1) As used in this section, “juvenile detention facility” means 17
134134 any facility operated by a political subdivision of the state for the 18
135135 temporary care of juveniles alleged to be delinquent, or adjudicated 19
136136 delinquent, who require secure custody in a physically restricting facility. 20
137137 (2) Under § 9-27-330(a)(11), such a juvenile detention facility 21
138138 must shall provide educational and other rehabilitative services to 22
139139 adjudicated delinquents who may be ordered by the court to remain in the 23
140140 juvenile detention facility for an indeterminate period not to exceed ninety 24
141141 (90) days. 25
142142 (b)(1) Upon disposition by the juvenile court that an adjudicated 26
143143 juvenile shall stay in a juvenile detention facility for any period of time, 27
144144 the facility shall notify the juvenile's resident school district of his or 28
145145 her whereabouts and within five (5) days after the juvenile is released shall 29
146146 certify the detention dates to the district. 30
147147 (2) The school district where the facility is located and the 31
148148 juvenile detention facility shall jointly be responsible for providing 32
149149 educational services to students placed in the juvenile detention facility 33
150150 and shall complete an application for funding to be based on the approved 34
151151 student capacity of the facility and shall submit the application to the 35
152152 Division of Elementary and Secondary Education. 36 SB451
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155155 (3) If the amount of state funds due cannot be agreed upon by 1
156156 the juvenile detention facility and the school district where the facility is 2
157157 located, an appeal shall be made to the division. All decisions rendered 3
158158 shall be final. 4
159159 (3)(A) A juvenile detention facility may partner with a public 5
160160 school district, an open -enrollment public charter school, or a private 6
161161 educational provider to provide educational services. 7
162162 (B) An agreement for educational services under 8
163163 subdivision (b)(3)(A) of this section shall be outlined in a memorandum of 9
164164 understanding and included in the application for funding submitted under 10
165165 subdivision (b)(2) of this section. 11
166166 (4) The division shall monitor educational services provided 12
167167 under this section. 13
168168 (c) The division shall issue rules for the effective implementation of 14
169169 this section, including: 15
170170 (1) The classification of Classifying juvenile detention centers 16
171171 facilities as approved residential treatment facilities; 17
172172 (2) The designation of the Designating juvenile detention 18
173173 facility and the district where the juvenile detention facility is located 19
174174 facilities as responsible for educating the student students consistent with 20
175175 federal and state laws for any period of time the student is students are 21
176176 being held in the juvenile detention facility; and 22
177177 (3) The designation of Designating the resident district of a 23
178178 student who is being held in a juvenile detention facility as responsible for 24
179179 the timely transfer of a the student's educational records to the district 25
180180 where the juvenile detention facility is located upon notification by the 26
181181 court of the student's placement in a the juvenile detention facility. 27
182182 (d) The funds appropriated to the division for juvenile detention 28
183183 facilities shall be allocated in accordance with rules promulgated by the 29
184184 State Board of Education. 30
185185 31
186186 SECTION 4. Arkansas Code § 6 -20-107 is amended to read as follows: 32
187187 6-20-107. Educational cost reimbursement prohibition — Definition. 33
188188 (a) As used in this section, “juvenile” means a person who is eighteen 34
189189 (18) years of age or younger. 35
190190 (b)(1)(a)(1) The Division of Elementary and Secondary Education , a 36 SB451
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193193 public school district, or an open -enrollment public charter school shall not 1
194194 be liable for any educational costs or other related costs associated with 2
195195 the placement of a juvenile in an out -of-state residential or inpatient 3
196196 facility for any care and treatment, including psychiatric treatment, unless: 4
197197 (A) At the time of placement, the juvenile's physician 5
198198 determines that the out -of-state placement is medically necessary and is the 6
199199 most appropriate placement available; 7
200200 (B) The division authorizes public payment for educational 8
201201 costs based on a determination that the educational program and facilities 9
202202 are appropriate for the juvenile and the division has approved the facility's 10
203203 educational program; 11
204204 (C)(i) Each educational program authorization precedes the 12
205205 placement. 13
206206 (ii) If the educational program is not authorized 14
207207 before placement, the division , public school districts, or open -enrollment 15
208208 public charter schools shall not be responsible for educational or other 16
209209 related costs, nor shall they the division be subject to any order to pay for 17
210210 educational or other related costs; and 18
211211 (D) The out-of-state residential or inpatient facility is 19
212212 located within a state that borders Arkansas. 20
213213 (2) Payment under this subsection shall be: 21
214214 (A) Limited to twenty (20) students at any one (1) time 22
215215 during a calendar year unless: 23
216216 (i) The juvenile under subdivision (b)(1) (a)(1) of 24
217217 this section qualifies as disabled a child with a disability under the 25
218218 Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and 26
219219 (ii) Payment is required under the Individuals with 27
220220 Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and 28
221221 (B) Subject to the availability of division funding. 29
222222 (c)(b) The division, a public school district, or an open -enrollment 30
223223 public charter school shall not be liable for any educational costs or other 31
224224 related costs associated with the placement of a juvenile in an in -state 32
225225 residential or inpatient facility for any care and treatment, including 33
226226 psychiatric treatment, unless: 34
227227 (1) The division authorizes public payment for educational costs 35
228228 based on a determination that the educational program and facilities are 36 SB451
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231231 appropriate for the juvenile and the division has approved the facility's 1
232232 educational program; and 2
233233 (2)(A) Each educational program authorization precedes the 3
234234 placement. 4
235235 (B) If the educational program is not authorized before 5
236236 the placement, the division , public school districts, or open -enrollment 6
237237 public charter schools shall not be responsible for education or other 7
238238 related costs, nor shall they the division be subject to any order to pay for 8
239239 educational or other related costs. 9
240240 (d)(c) The liability of the division , a public school district, or an 10
241241 open-enrollment public charter school for the educational costs or other 11
242242 related costs described in subsections (a) and (b) and (c) of this section 12
243243 shall be limited to the lesser of: 13
244244 (1) The reimbursement rate established by the division for a 14
245245 juvenile placed in a residential or inpatient facility; or 15
246246 (2) The normal and customary educational cost reimbursement rate 16
247247 of the state in which a juvenile is placed in an out -of-state residential or 17
248248 inpatient facility as determined by the division. 18
249249 (e)(d) This section shall not apply to a juvenile placed in an 19
250250 Arkansas juvenile detention facility as defined in § 6 -20-104. 20
251251 (f)(e) Nothing in this section shall be construed to require payment 21
252252 by the division, a public school district, or an open -enrollment public 22
253253 charter school for educational costs and other related costs associated with 23
254254 the placement of a juvenile in an out -of-state residential or inpatient 24
255255 facility for any care or treatment, including psychiatric treatment, before 25
256256 April 7, 2005. 26
257257 (g)(f) The funds appropriated to the division for residential or 27
258258 inpatient facilities shall be: 28
259259 (1) Be allocated in accordance with rules promulgated by the 29
260260 State Board of Education ; and 30
261261 (2) Not be used for the provision of education or other related 31
262262 costs for out-of-state students placed in Arkansas residential facilities . 32
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264264 SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 34
265265 General Assembly of the State of Arkansas that the Safe Schools Initiative 35
266266 Act requires public schools to establish behavioral threat assessment teams 36 SB451
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269269 to address public school safety and security; that behavioral threat 1
270270 assessment teams established by public schools shall follow best practices 2
271271 for team composition and process; that student mental health poses an ongoing 3
272272 crisis and can pose immediate threats in public schools; that public schools 4
273273 are consistently identifying certain students as imminent threats, but day 5
274274 treatment and mental health placements and services are unavailable for 6
275275 students who need these placements and services; and that this act is 7
276276 immediately necessary to ensure that the Department of Health and the 8
277277 Department of Education establish regional behavioral health crisis response 9
278278 teams in advance of the upcoming 2025 -2026 school year in order to address 10
279279 immediate public school safety and security needs. Therefore, an emergency is 11
280280 declared to exist, and this act being immediately necessary for the 12
281281 preservation of the public peace, health, and safety shall become effective 13
282282 on: 14
283283 (1) The date of its approval by the Governor; 15
284284 (2) If the bill is neither approved nor vetoed by the Governor, 16
285285 the expiration of the period of time during which the Governor may veto the 17
286286 bill; or 18
287287 (3) If the bill is vetoed by the Governor and the veto is 19
288288 overridden, the date the last house overrides the veto. 20
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