Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas             As Engrossed:       S3/16/21 S3/23/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 140
 4
 By: Senator J. Dismang
 By: Representatives Scott, L. Johnson
 7
                                   For An Act To Be Entitled
                 AN ACT CONCERNING STUDENT DISCIPLINE IN PUBLIC
                 SCHOOLS; TO REQUIRE PUBLIC SCHOOL DISTRICT BOARDS OF
                 DIRECTORS TO INCLUDE IN STUDENT DISCIPLINE POLICIES
                 THE REQUIREMENT THAT PUBLIC SCHOOLS CONDUCT AN
                 ASSESSMENT OF A PUBLIC SCHOOL STUDENT'S ADVERSE
                 CHILDHOOD EXPERIENCES BEFORE DISCIPLINING A PUBLIC
                 SCHOOL STUDENT; AND FOR OTHER PURPOSES.
16
17
                                               Subtitle
                         TO REQUIRE SCHOOL DISTRICT BOARDS OF
                         DIRECTORS TO INCLUDE IN STUDENT
                         DISCIPLINE POLICIES THE REQUIREMENT THAT
                         SCHOOLS CONDUCT AN ASSESSMENT OF A
                         STUDENT'S ADVERSE CHILDHOOD EXPERIENCES
                         BEFORE DISCIPLINING A STUDENT.
25
26
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
28
         SECTION 1.       Arkansas Code  6-18-516(a), concerning the definition of
 "exclusionary disciplinary actions", is amended to read as follows:
         (a)   As used in this section, exclusionary disciplinary actions means
 out-of-school suspension and expulsion of a student who attends public school
 on-site, through virtual means, or any combination of both.
34
         SECTION 2.       Arkansas Code Title 6, Chapter 18, Subchapter 5, is amended
 to add additional sections to read as follows:
     *TNL083*                                                                    03-23-2021 11:23:20 TNL083
     As Engrossed:       S3/16/21 S3/23/21                                          SB140
      6-18-517.       Adverse childhood experiences  Consideration when
 disciplining  Definition.
      (a)(1)     As used in this section, an "adverse childhood experience"
 means a stressful or traumatic event experienced by a minor child.
               (2)     An "adverse childhood experience" may include without
 limitation a minor child witnessing, or being the victim of:
                       (A)   Physical abuse;
                       (B)   Sexual abuse;
                       (C)   Emotional abuse;
                       (D)   Physical neglect;
                       (E)   Emotional neglect;
                       (F)   Domestic violence;
                       (G)   Substance abuse;
                       (H)   Mental illness;
                       (I)   Parental separation or divorce; and
                       (J)   Incarceration.
      (b)(1)     A public school district board of directors shall include
 within the written student discipline policies required under  6-18-503 the
 requirement that a public school administrator or his or her designee make a
 reasonable request for information related to adverse childhood experiences
 or childhood trauma that may have manifested in the behavior exhibited by the
 public school student before the placement of the public school student in an
 alternative learning environment or the implementation of an exclusionary
 disciplinary action, as defined in  6-18-516, that would exceed ten (10)
 cumulative days out of school within one (1) school year.
               (2)    Information received by a public school district in response
 to a request under subdivision (b)(1) of this section shall be reviewed and
 considered by appropriate public school district personnel before the
 placement of a public school student in an alternative learning environment
 or the implementation of an exclusionary disciplinary action, as defined in 
 6-18-516, that would exceed ten (10) consecutive days or ten (10) cumulative
 days out of school within one (1) school year.
               (3)    Information requested under subdivision (b)(1) of this
 section may be obtained from:
                       (A)   The parent, guardian, or person standing in loco
 parentis of the public school student;
                                             2               03-23-2021 11:23:20 TNL083
     As Engrossed:       S3/16/21 S3/23/21                                               SB140
                        (B)   The public school student, if appropriate;
                        (C)   Records maintained by or available to the public
 school;
                        (D)   Public school district employees, including without
 limitation the public school district:
                                 (i)     Liaison for students who are in foster care;
                                 (ii)    Liaison for students who are homeless;
                                 (iii)    A counselor;
                                 (iv)    A nurse; or
                                 (v)     A social worker; and
                        (E)(i)     An employee of the Department of Human Services if
 the public school student is or has been the subject of a current or former
 case overseen by the department.
                                 (ii)    An employee of the department shall provide,
 upon request of a public school, information relevant to the public school's
 review of adverse childhood experiences related to behavior that violates the
 public school's code of conduct.
      (c)(1)     If an adverse childhood experience is determined to have a
 direct and substantial causal relationship to the behavior of the public
 school student, the public school district in which the public school student
 is enrolled shall provide to the public school student behavioral supports
 that the public school district determines are appropriate.
               (2)(A)     A determination that a public school student has
 experienced an adverse childhood experience does not prohibit a public school
 from imposing disciplinary action.
                        (B)   However, an adverse childhood experience shall be
 considered in determining whether disciplinary action is appropriate and what
 disciplinary action would be implemented.
               (3)    Placement in an alternative learning environment as
 described in  6-48-101 et seq. and other alternative restorative practices
 shall be considered before expelling a public school student who has
 experienced an adverse childhood experience that may have manifested into
 significant behaviors exhibited by the public school student.
      (d)   Nothing in this section shall be construed to prohibit
 implementing disciplinary action consistent with  6-18-507.
      (e)   The State Board of Education may promulgate rules necessary for
                                                   3                03-23-2021 11:23:20 TNL083
     As Engrossed:      S3/16/21 S3/23/21                                          SB140
 the implementation of this section.
 2
      6-18-518.      Positive behavioral supports.
      (a)     The Division of Elementary and Secondary Education shall develop a
 model of positive behavioral supports and resources to be used at the:
              (1)    Prevention level for each public school student in the
 public school;
              (2)    Strategic intervention level for a public school student who
 is not responding, from a social, emotional, or behavioral perspective, to
 the prevention level; and
              (3)    Intensive service or crisis-management level for a public
 school student who needs multifaceted or comprehensive behavioral or mental
 health services.
      (b)     Positive behavioral supports and resources shall include the
 following:
              (1)    The teaching and reinforcing of interpersonal, social,
 problem-solving, conflict resolution, and coping skills to a public school
 student;
              (2)    Holding a public school student positively accountable for
 meeting an established behavioral expectation;
              (3)    Maintaining a high level of consistency through the
 implementation process; and
              (4)    The following interrelated activities:
                      (A)   Providing a school-wide approach to the discipline and
 safety of each public school student rather than an approach to only the
 behavior problem of a public school student;
                      (B)   Focusing on preventing the development and occurrence
 of problem behavior;
                      (C)   Regularly reviewing behavior data to adapt the
 procedures of a public school to meet the needs of every public school
 student; and
                      (D)   Providing a multitiered approach to academic and
 behavioral services and support to meet the academic and behavioral
 achievement needs of each public school student.
      (c)     A positive behavioral support system and conflict resolution or
 de-escalation approach implemented by a public school district shall be based
                                            4               03-23-2021 11:23:20 TNL083
     As Engrossed:     S3/16/21 S3/23/21                                           SB140
 on the following principles:
             (1)    The right of a public school student to be treated with
 dignity;
             (2)    Necessary academic, social, emotional, and behavioral
 support should be provided in a safe and the least-restrictive environment
 possible;
             (3)    Positive and appropriate academic, social, emotional, or
 behavioral intervention, as well as mental health support, should be provided
 routinely to each public school student who needs the intervention or
 support;
             (4)    The appropriate public school personnel should be trained to
 provide positive and appropriate academic, social, emotional, or behavioral
 intervention, as well as mental health support, to each public school student
 who needs intervention or support;
             (5)    Behavioral intervention should emphasize prevention and
 should be part of a public school's system of positive behavioral supports;
             (6)    A public school student should have access to public school
 personnel who effectively provide positive support to a public school student
 who needs the support;
             (7)    A public school should appropriately train its public school
 personnel to be able to address the needs of each public school student;
             (8)    Appropriate public school personnel should receive training
 in:
                     (A)   The use of positive behavioral support for public
 school student behavior;
                     (B)   Preventative techniques for teaching and motivating
 pro-social public school student behavior; and
                     (C)   Conflict de-escalation and resolution techniques,
 which should be employed by all public school personnel to prevent, defuse,
 evaluate, and debrief a crisis and conflict situation; and
             (9)    Each public school student who exhibits an ongoing behavior
 that interferes with his or her learning or the learning of others, and who
 is nonresponsive to effectively implemented classroom or administrative
 intervention, should receive additional intensive behavioral intervention
 that is based on a functional behavior assessment and data-based problem
 solving.
                                           5               03-23-2021 11:23:20 TNL083
     As Engrossed:   S3/16/21 S3/23/21                                          SB140
      (d)   The model developed by the division under subdivision (a)(1) of
 this section shall include information regarding how a public school may
 establish a problem-solving and intervention team for a public school student
 who exhibits social, emotional, or behavioral difficulty that may, if not
 addressed, escalate to potentially dangerous behavior.
      (e)   The State Board of Education may promulgate rules necessary for
 the implementation of this section.
 8
 9
                                     /s/J. Dismang
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                            6            03-23-2021 11:23:20 TNL083
Statutes affected: 
Old version SB140 V2 - 3-16-2021 09:37 AM: 6-18-516(a)
Old version SB140 V3 - 3-23-2021 11:23 AM: 6-18-516(a)
SB 140: 6-18-516(a)