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 SENATE BILL 451 3
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By: Senator Hester 5
By: Representatives R. Scott Richardson, D. Garner, Lundstrum 6
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For An Act To Be Entitled 8
AN ACT CONCERNING STUDENT MENTAL HEALTH; TO REQUIRE 9
THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF 10
EDUCATION TO ESTABLISH REGIONAL BEHAVIORAL HEALTH 11
CRISIS RESPONSE TEAMS; TO AMEND THE LAW CONCERNING 12
THE EDUCATION OF STUDENTS PLACED IN JUVENILE 13
DETENTION FACILITIES; TO DECLARE AN EMERGENCY; AND 14
FOR OTHER PURPOSES. 15
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Subtitle 18
TO REQUIRE THE DEPARTMENT OF HEALTH AND 19
THE DEPARTMENT OF EDUCATION TO ESTABLISH 20
REGIONAL BEHAVIORAL HEALTH CRISIS 21
RESPONSE TEAMS; TO AMEND THE LAW 22
CONCERNING THE EDUCATION OF CERTAIN 23
STUDENTS; AND TO DECLARE AN EMERGENCY. 24
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. Arkansas Code Title 6, Chapter 18, Subchapter 1, is amended 28
to add an additional section to read as follows: 29
6-18-116. Behavioral health crisis response team. 30
(a) Beginning with the 2025 -2026 school year, each public school 31
district and open-enrollment public charter school shall conduct a behavioral 32
threat assessment when a student enrolled in the public school district or 33
open-enrollment public charter school is found to have demonstrated a 34
behavior that is substantially likely to cause injury to the student, other 35
students, or staff. 36 SB451
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(b) No later than July 1, 2025, the Department of Human Services, as 1
lead agency, in consultation with the Department of Education shall establish 2
regional behavioral health crisis response teams to assist public school 3
districts and open-enrollment public charter schools with: 4
(1) Reviewing the behavioral threat data collected and analyzed 5
by a public school district or an open -enrollment public charter school; 6
(2) Confirming the threat level of a student identified by a 7
public school district or an open -enrollment public charter school; and 8
(3) Locating the appropriate services and placement for a 9
student who demonstrates a behavior that is substantially likely to cause 10
injury to the student, other students, or staff. 11
(c) A behavioral health crisis response team shall: 12
(1) Respond to a request from a public school district or an 13
open-enrollment public charter school within forty -eight (48) hours of 14
notification of the request; and 15
(2) Work with a referring public school district or open -16
enrollment public charter school and the family of a student referred under 17
this section to develop a behavioral health management plan for a student who 18
demonstrates behavior that is substantially likely to cause injury to the 19
student, other students, or staff. 20
(d) A behavioral health management plan developed under subdivision 21
(c)(2) of this section shall include without limitation: 22
(1)(A) The appropriate services and placement for a student 23
referred under this section and his or her family. 24
(B) Placement under subdivision (d)(1)(A) of this section 25
may include without limitation: 26
(i) A day treatment facility; 27
(ii) A residential treatment facility; 28
(iii) A state-operated facility; 29
(iv) A homebound placement; or 30
(v) Another facility or program that meets the acute 31
behavioral care needs of the student; and 32
(2) A plan for transitioning a student referred under this 33
section back to his or her public school district or open -enrollment public 34
charter school when the student is no longer demonstrating a behavior that is 35
substantially likely to cause injury to the student, other students, or 36 SB451
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staff. 1
(e) By July 1, 2025, the Department of Human Services shall: 2
(1) Establish regional behavioral health crisis response teams 3
sufficient to meet the needs of public school districts and open -enrollment 4
public charter schools in the state; and 5
(2)(A) Identify existing inpatient and outpatient acute care 6
behavioral health programs available to serve each student who demonstrates a 7
behavior that is substantially likely to cause injury to the student, other 8
students, or staff. 9
(B) If existing behavioral health programs are 10
insufficient to adequately meet the needs of Arkansas students, the 11
Department of Human Services shall establish new behavioral health programs 12
throughout the state. 13
(f) The Department of Human Services shall review and revise acute 14
care licensing requirements for programs that serve students who demonstrate 15
behaviors that are substantially likely to cause injury to the student, other 16
students, or staff to ensure the following without limitation: 17
(1) A program that accepts students referred through a 18
behavioral health crisis response team receives funding per student to 19
provide the necessary services to address the specific behavioral and mental 20
health needs of each student; 21
(2) A referred student under this section is not denied access 22
to care based on an inability to pay for care; 23
(3) A program provides the necessary treatment for a student who 24
demonstrates a behavior that is substantially likely to cause injury to the 25
student, other students, or staff; and 26
(4) A program does not establish exclusionary policies for 27
admittance or removal that directly relate to the: 28
(A) Level of services needed by a student referred under 29
this section; 30
(B) Level of danger posed by a student referred under this 31
section; 32
(C) Level of intellectual functioning of a student 33
referred under this section; or 34
(D) Disability status of a student referred under this 35
section. 36 SB451
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(g) The Department of Education shall provide funding for the 1
education of students in approved residential or inpatient facilities in 2
accordance with § 6-20-107. 3
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SECTION 2. Arkansas Code § 6 -18-202(a)(2), concerning the definition 5
of "reside" as it pertains to age and residency requirements for attending 6
public schools, is amended to read as follows: 7
(2)(A) “Reside” means to be physically present and to maintain a 8
permanent place of abode for an average of no less than four (4) calendar 9
days and nights per week for a primary purpose other than school attendance . 10
(B) "Reside" does not include an out -of-state student 11
placed in a residential facility in Arkansas ; 12
13
SECTION 3. Arkansas Code § 6 -20-104 is amended to read as follows: 14
6-20-104. Reimbursement for educational services provided in juvenile 15
detention facilities — Definition. 16
(a)(1) As used in this section, “juvenile detention facility” means 17
any facility operated by a political subdivision of the state for the 18
temporary care of juveniles alleged to be delinquent, or adjudicated 19
delinquent, who require secure custody in a physically restricting facility. 20
(2) Under § 9-27-330(a)(11), such a juvenile detention facility 21
must shall provide educational and other rehabilitative services to 22
adjudicated delinquents who may be ordered by the court to remain in the 23
juvenile detention facility for an indeterminate period not to exceed ninety 24
(90) days. 25
(b)(1) Upon disposition by the juvenile court that an adjudicated 26
juvenile shall stay in a juvenile detention facility for any period of time, 27
the facility shall notify the juvenile's resident school district of his or 28
her whereabouts and within five (5) days after the juvenile is released shall 29
certify the detention dates to the district. 30
(2) The school district where the facility is located and the 31
juvenile detention facility shall jointly be responsible for providing 32
educational services to students placed in the juvenile detention facility 33
and shall complete an application for funding to be based on the approved 34
student capacity of the facility and shall submit the application to the 35
Division of Elementary and Secondary Education. 36 SB451
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(3) If the amount of state funds due cannot be agreed upon by 1
the juvenile detention facility and the school district where the facility is 2
located, an appeal shall be made to the division. All decisions rendered 3
shall be final. 4
(3)(A) A juvenile detention facility may partner with a public 5
school district, an open -enrollment public charter school, or a private 6
educational provider to provide educational services. 7
(B) An agreement for educational services under 8
subdivision (b)(3)(A) of this section shall be outlined in a memorandum of 9
understanding and included in the application for funding submitted under 10
subdivision (b)(2) of this section. 11
(4) The division shall monitor educational services provided 12
under this section. 13
(c) The division shall issue rules for the effective implementation of 14
this section, including: 15
(1) The classification of Classifying juvenile detention centers 16
facilities as approved residential treatment facilities; 17
(2) The designation of the Designating juvenile detention 18
facility and the district where the juvenile detention facility is located 19
facilities as responsible for educating the student students consistent with 20
federal and state laws for any period of time the student is students are 21
being held in the juvenile detention facility; and 22
(3) The designation of Designating the resident district of a 23
student who is being held in a juvenile detention facility as responsible for 24
the timely transfer of a the student's educational records to the district 25
where the juvenile detention facility is located upon notification by the 26
court of the student's placement in a the juvenile detention facility. 27
(d) The funds appropriated to the division for juvenile detention 28
facilities shall be allocated in accordance with rules promulgated by the 29
State Board of Education. 30
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SECTION 4. Arkansas Code § 6 -20-107 is amended to read as follows: 32
6-20-107. Educational cost reimbursement prohibition — Definition. 33
(a) As used in this section, “juvenile” means a person who is eighteen 34
(18) years of age or younger. 35
(b)(1)(a)(1) The Division of Elementary and Secondary Education , a 36 SB451
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public school district, or an open -enrollment public charter school shall not 1
be liable for any educational costs or other related costs associated with 2
the placement of a juvenile in an out -of-state residential or inpatient 3
facility for any care and treatment, including psychiatric treatment, unless: 4
(A) At the time of placement, the juvenile's physician 5
determines that the out -of-state placement is medically necessary and is the 6
most appropriate placement available; 7
(B) The division authorizes public payment for educational 8
costs based on a determination that the educational program and facilities 9
are appropriate for the juvenile and the division has approved the facility's 10
educational program; 11
(C)(i) Each educational program authorization precedes the 12
placement. 13
(ii) If the educational program is not authorized 14
before placement, the division , public school districts, or open -enrollment 15
public charter schools shall not be responsible for educational or other 16
related costs, nor shall they the division be subject to any order to pay for 17
educational or other related costs; and 18
(D) The out-of-state residential or inpatient facility is 19
located within a state that borders Arkansas. 20
(2) Payment under this subsection shall be: 21
(A) Limited to twenty (20) students at any one (1) time 22
during a calendar year unless: 23
(i) The juvenile under subdivision (b)(1) (a)(1) of 24
this section qualifies as disabled a child with a disability under the 25
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and 26
(ii) Payment is required under the Individuals with 27
Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and 28
(B) Subject to the availability of division funding. 29
(c)(b) The division, a public school district, or an open -enrollment 30
public charter school shall not be liable for any educational costs or other 31
related costs associated with the placement of a juvenile in an in -state 32
residential or inpatient facility for any care and treatment, including 33
psychiatric treatment, unless: 34
(1) The division authorizes public payment for educational costs 35
based on a determination that the educational program and facilities are 36 SB451
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appropriate for the juvenile and the division has approved the facility's 1
educational program; and 2
(2)(A) Each educational program authorization precedes the 3
placement. 4
(B) If the educational program is not authorized before 5
the placement, the division , public school districts, or open -enrollment 6
public charter schools shall not be responsible for education or other 7
related costs, nor shall they the division be subject to any order to pay for 8
educational or other related costs. 9
(d)(c) The liability of the division , a public school district, or an 10
open-enrollment public charter school for the educational costs or other 11
related costs described in subsections (a) and (b) and (c) of this section 12
shall be limited to the lesser of: 13
(1) The reimbursement rate established by the division for a 14
juvenile placed in a residential or inpatient facility; or 15
(2) The normal and customary educational cost reimbursement rate 16
of the state in which a juvenile is placed in an out -of-state residential or 17
inpatient facility as determined by the division. 18
(e)(d) This section shall not apply to a juvenile placed in an 19
Arkansas juvenile detention facility as defined in § 6 -20-104. 20
(f)(e) Nothing in this section shall be construed to require payment 21
by the division, a public school district, or an open -enrollment public 22
charter school for educational costs and other related costs associated with 23
the placement of a juvenile in an out -of-state residential or inpatient 24
facility for any care or treatment, including psychiatric treatment, before 25
April 7, 2005. 26
(g)(f) The funds appropriated to the division for residential or 27
inpatient facilities shall be: 28
(1) Be allocated in accordance with rules promulgated by the 29
State Board of Education ; and 30
(2) Not be used for the provision of education or other related 31
costs for out-of-state students placed in Arkansas residential facilities . 32
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SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 34
General Assembly of the State of Arkansas that the Safe Schools Initiative 35
Act requires public schools to establish behavioral threat assessment teams 36 SB451
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to address public school safety and security; that behavioral threat 1
assessment teams established by public schools shall follow best practices 2
for team composition and process; that student mental health poses an ongoing 3
crisis and can pose immediate threats in public schools; that public schools 4
are consistently identifying certain students as imminent threats, but day 5
treatment and mental health placements and services are unavailable for 6
students who need these placements and services; and that this act is 7
immediately necessary to ensure that the Department of Health and the 8
Department of Education establish regional behavioral health crisis response 9
teams in advance of the upcoming 2025 -2026 school year in order to address 10
immediate public school safety and security needs. Therefore, an emergency is 11
declared to exist, and this act being immediately necessary for the 12
preservation of the public peace, health, and safety shall become effective 13
on: 14
(1) The date of its approval by the Governor; 15
(2) If the bill is neither approved nor vetoed by the Governor, 16
the expiration of the period of time during which the Governor may veto the 17
bill; or 18
(3) If the bill is vetoed by the Governor and the veto is 19
overridden, the date the last house overrides the veto. 20
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