Stricken language would be deleted from and underlined language would be added to present law.
Act 1084 of the Regular Session
1 State of Arkansas As Engrossed: H3/29/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1610
4
5 By: Representative Gazaway
6
7 For An Act To Be Entitled
8 AN ACT CONCERNING THE USE OF STUDENT RESTRAINTS IN
9 PUBLIC SCHOOLS OR EDUCATIONAL SETTINGS; AND FOR OTHER
10 PURPOSES.
11
12
13 Subtitle
14 CONCERNING THE USE OF STUDENT RESTRAINTS
15 IN PUBLIC SCHOOLS OR EDUCATIONAL
16 SETTINGS.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code Title 6, Chapter 18, is amended to add an
22 additional subchapter to read as follows:
23 Subchapter 22 Student Restraints in Public Schools or Educational
24 Settings
25 6-18-2201. Legislative findings.
26 The General Assembly finds that:
27 (1) It is the responsibility of each school district in Arkansas
28 to ensure the safety of all students and school personnel;
29 (2) It is the responsibility of each school district in Arkansas
30 to ensure that every student in Arkansas is safe and protected from being
31 unnecessarily or inappropriately restrained;
32 (3) Safe, effective, evidence-based strategies should be the
33 basis for protocols in public schools and educational settings to support
34 every student who displays challenging behavior in a public school or
35 educational setting;
36 (4) Providing school personnel with training that is focused on
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1 evidence-based positive behavior support, de-escalation techniques, and
2 physical restraint prevention can reduce the incidence of injury, trauma, and
3 death;
4 (5) The effective implementation of school-wide positive
5 behavioral support is linked to greater academic achievement, significantly
6 fewer disciplinary problems, increased instruction time, and the perception
7 of a safer teaching environment by school personnel;
8 (6) Positive behavioral support involves school-wide approaches
9 that result in:
10 (A) Positive classroom and school climates;
11 (B) Prosocial student and school personnel interactions;
12 (C) Teaching a student academic, social, emotional,
13 behavioral engagement, and achievement skills; and
14 (D) Reinforcing the academic, social, emotional,
15 behavioral engagement, and achievement skills of a student;
16 (7) The use of effective positive behavioral support in public
17 schools and educational settings can prevent an emergency situation that
18 requires the use of physical restraint on a student; and
19 (8) Every effort should be made to:
20 (A) Prevent the need for secluding a student or using a
21 physical restraint on a student;
22 (B) Ensure that behavioral intervention is consistent with
23 the right of a student to be free from abuse and treated with dignity;
24 (C) Avoid the use of physical restraint on a student to
25 the greatest extent possible without endangering the safety of other students
26 and school personnel;
27 (D) Avoid the use of a physical restraint on a student
28 except in a situation where the behavior of the student poses an imminent
29 danger of serious physical harm to the student or others;
30 (E) Discontinue the use of a physical restraint on a
31 student as soon as the imminent danger of serious physical harm to the
32 student or others dissipates; and
33 (F) Refrain from using chemical restraint or mechanical
34 restraint in a public school or educational setting.
35
36 6-18-2202. Applicability Relation to other laws.
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1 (a) This subchapter applies to any school-aged and enrolled student
2 regardless of whether the student has an identified disability.
3 (b)(1) This subchapter does not supersede federal or state law.
4 (2) A school district shall follow all relevant federal and
5 state law, including without limitation the Individuals with Disabilities
6 Education Act, 20 U.S.C. 1400 et seq., the Americans with Disabilities Act
7 of 1990, as amended, 42 U.S.C. 12101 et seq., and section 504 of the
8 Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 et seq., when a
9 student with a disability is restrained or secluded or whenever restraining
10 or secluding a student with a disability is contemplated.
11 (c) Each school district shall:
12 (1) Adopt policies and procedures that are consistent with the
13 provisions of this subchapter;
14 (2) Review the Department of Education Special Education and
15 Related Services Guidelines, 20.00 Time-Out Seclusion Room; and
16 (3) Provide its school personnel with the training, tools, and
17 support needed to ensure the safety of all students and school personnel.
18
19 6-18-2203. Definitions.
20 As used in this subchapter:
21 (1)(A) "Aversive behavioral intervention" means a physical or
22 sensory intervention program that is intended to modify behavior through the
23 use of a substance or stimulus that the intervention implementer knows will
24 cause physical trauma, emotional trauma, or both, to a student, even when the
25 substance or stimulus appears to be pleasant or neutral to others.
26 (B) "Aversive behavioral intervention" includes without
27 limitation the following:
28 (i) Hitting;
29 (ii) Pinching;
30 (iii) Slapping;
31 (iv) Using a water spray;
32 (v) Using noxious fumes;
33 (vi) Requiring extreme physical exercise;
34 (vii) Using loud auditory stimulus;
35 (viii) Withholding meals; and
36 (ix) Denying reasonable access to toileting
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1 facilities;
2 (2) "Behavioral intervention" means the implementation of a
3 service, support, or strategy to teach and increase appropriate behavior or
4 substantially decrease or eliminate behavior that is dangerous,
5 inappropriate, or otherwise impedes the learning of a student;
6 (3) "Behavior Intervention Plan" means a written plan that:
7 (A) Is developed by a problem-solving and intervention
8 team and delineates emotional, social, or behavioral goals for a student and
9 the steps that the school, student, parent of the student, and others will
10 take to positively support the progress of the student towards his or her
11 emotional, social, or behavioral goals;
12 (B) Is comprised of practical and specific strategies to
13 increase or reduce a defined behavior or one (1) or more patterns of behavior
14 exhibited by a student; and
15 (C) Includes the following:
16 (i) A definition or description of the desired
17 target behavior or outcome in specific measurable terms;
18 (ii) A plan for preventing and eliminating
19 inappropriate student behavior by changing a condition that is triggering,
20 motivating, underlying, or supporting that behavior as determined through a
21 Functional Behavior Assessment;
22 (iii) A plan for teaching a student to demonstrate
23 appropriate social, emotional, or behavioral self-management, or a new method
24 to address or meet his or her needs;
25 (iv) A description of how a specific incentive or
26 consequence will be used as needed to decrease or eliminate inappropriate
27 student behavior and increase appropriate behavior;
28 (v) A plan for managing a crisis situation;
29 (vi) A system to collect, analyze, and evaluate data
30 about the student;
31 (vii) The school personnel, resources, and training
32 needed before implementation of the Behavior Intervention Plan; and
33 (viii) The timeline for implementing different
34 facets of an intervention, including without limitation when the intervention
35 will be formally reviewed;
36 (4)(A) "Chemical restraint" means the use of a drug or
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1 medication to control the behavior of a student or restrict the free movement
2 of the student.
3 (B) "Chemical restraint" does not include the use of
4 medication that is:
5 (i) Prescribed by a licensed physician, or other
6 qualified health professional acting within the scope of his or her
7 professional authority under state law, for the standard treatment of a
8 medical or psychiatric condition of a student; and
9 (ii) Administered as prescribed by the licensed
10 physician or other qualified health professional acting within the scope of
11 his or her professional authority under state law;
12 (5) "Consequence" means an event that occurs immediately after a
13 behavior, behavioral response, or a planned action in response to an
14 inappropriate student behavior and with the purpose of motivating the student
15 to demonstrate an appropriate behavior the next time;
16 (6) "Crisis" means a situation in which a student engages in a
17 behavior that threatens the health and safety of the student or others and
18 includes without limitation a situation in which the student becomes
19 aggressive or violent at school and is unable to regain self-control without
20 posing a danger of injury to himself or herself or others;
21 (7) "Crisis intervention" means the implementation of a service,
22 support, or strategy to:
23 (A) Immediately stabilize a crisis; and
24 (B) Prevent the crisis from reoccurring after the crisis
25 ends;
26 (8) "Crisis Intervention Training Program" means a program that:
27 (A) Provides training using effective evidence-based
28 practices in:
29 (i) The prevention of the use of physical restraint
30 on a student;
31 (ii) Keeping school personnel and students safe when
32 using physical restraint on a student in accordance with the law;
33 (iii) The use of data-based decision-making,
34 evidence-based positive behavioral intervention and support, safe physical
35 escort, conflict prevention, behavioral antecedents, a Functional Behavior
36 Assessment, challenging behavior de-escalation, and conflict management; and
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1 (iv) First aid, including without limitation
2 recognizing the signs of medical distress and administering cardiopulmonary
3 resuscitation; and
4 (B) Requires certification, including without limitation
5 periodic renewal of certification in the practices and skills necessary for
6 school personnel to properly implement the Crisis Intervention Training
7 Program;
8 (9)(A) "Dangerous behavior" means the behavior of a student that
9 presents an imminent danger of serious physical harm to the student or
10 others.
11 (B) "Dangerous behavior" does not include the following
12 types of inappropriate behavior:
13 (i) Disrespect;
14 (ii) Noncompliance;
15 (iii) Insubordination; or
16 (iv) Destruction of property that does not create an
17 imminent danger;
18 (10) "Day" means a calendar day unless otherwise indicated as a
19 school day;
20 (11) "De-escalation" means the use of a behavior management
21 technique that helps a student increase his or her control over his or her
22 emotions and behavior and results in a reduction of a present or potential
23 level of danger that in turn reduces the level of imminent danger of serious
24 physical harm to the student or others;
25 (12) "Emergency" means a serious and unexpected situation that
26 requires immediate action and which may be dangerous;
27 (13) "Functional Behavior Assessment" means a problem analysis
28 step that:
29 (A) Occurs within the context of data-based problem-
30 solving and involves:
31 (i) The review of existing records and other sources
32 of information;
33 (ii) Diagnostic or historical interviews;
34 (iii) Structured academic or behavioral
35 observations; and
36 (iv) Authentic, criterion-referenced, or norm-
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1 referenced tests; and
2 (B) Is performed with the goal of determining why a
3 specific problem or situation is occurring in order to directly link a
4 strategic intervention to an assessment and solve or resolve the specific
5 problem or situation;
6 (14) "Imminent danger" means an existing dangerous situation
7 that could reasonably be expected to immediately cause death or serious
8 physical harm;
9 (15) "Incident" means an event or occurrence;
10 (16) "Individualized Education Program" means a written plan for
11 a student with a disability that is developed, reviewed, and revised in
12 accordance with federal and state laws and regulations;
13 (17)(A) "Mechanical restraint" means the use of a device or
14 equipment to restrict the free movement of a student.
15 (B) "Mechanical restraint" does not include a:
16 (i) Device that is used by trained school personnel
17 or a student for a specific and approved therapeutic purpose or safety
18 purpose for which the device was designed or prescribed; or
19 (ii) Vehicle safety restraint that is appropriately
20 used in the manner for which it was designed during the transport of a
21 student in a moving vehicle;
22 (18)(A) "Member of school personnel" means a person who works
23 with a student in an elementary or secondary public school, public charter
24 school, school district, education service cooperative, and includes without
25 limitation a:
26 (i) School or school district administrator;
27 (ii) Teacher;
28 (iii) Coach for a school athletics program;
29 (iv) School counselor;
30 (v) School social worker;
31 (vi) School psychologist;
32 (vii) School nurse; and
33 (viii) Paraprofessional.
34 (B) "Member of School personnel" does not include a person
35 who is:
36 (i) A volunteer at a school district; or
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1 (ii) Not an employee of a school district;
2
3 (19) "Parent" means one (1) of the following:
4 (A) The biological, foster, or adoptive parent of a
5 student;
6 (B) The guardian of a student who is:
7 (i) Not acting in his or her official capacity as an
8 employee or other representative of the state; and
9