Amendment vs bill Amendment S2 vs SB 140

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ARKANSAS SENATE 93rd General Assembly - Regular Session, 2021 Amendment Form ______________________________________________________________________ Subtitle of Senate Bill No.
State of Arkansas As Engrossed:
140 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.
S3/16/21 S3/23/21 93rd General Assembly A Bill Regular Session, 2021 SENATE BILL 140 5 By:
______________________________________________________________________ Amendment No.
Senator J.
2 to Senate Bill 140 Amend Senate Bill No.
Dismang By:
140 as originally introduced:
Representatives Scott, L.
Add Representatives Scott, L.
Johnson 8 For An Act To Be Entitled AN ACT CONCERNING STUDENT DISCIPLINE IN PUBLIC SCHOOLS;
Johnson as cosponsors of the bill AND Page 1, delete lines 28 and 29, and substitute the following:
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;
"SECTION 1.
AND FOR OTHER PURPOSES.
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1.
*TNL083* 03-23-2021 11:23:20 TNL083 As Engrossed:
AND Page 2, delete lines 12 through 32, and substitute the following:
S3/16/21 S3/23/21 SB140 6-18-517.
"requirement that a public school administrator or his or her designee request and review information related to any adverse childhood experiences 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) consecutive days or ten (10) cumulative days out of school within one (1) school year.
Adverse childhood experiences — Consideration when disciplining — Definition.
(2) Information requested and reviewed under subdivision (b)(1) of this section may be obtained from:
(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:
03-23-2021 11:23:20 TNL083 As Engrossed:
(B) The public school student, if appropriate;
S3/16/21 S3/23/21 SB140 (B) The public school student, if appropriate;
*.TNL273* TNL273 - 03-15-2021 13:59:35 Page 1 of 4 (C) Records maintained by or available to the public school;
(C) Records maintained by or available to the public school;
(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.
(c)(1) If an adverse childhood experience is determined to have a direct and substantial relationship to the behavior of the public school student, appropriate behavioral supports shall be implemented.
(e) The State Board of Education may promulgate rules necessary for 03-23-2021 11:23:20 TNL083 As Engrossed:
(e) The State Board of Education may promulgate rules necessary for the implementation of this section.
S3/16/21 S3/23/21 SB140 the implementation of this section.
6-18-518.
3 6-18-518.
(a) The Division of Elementary and Secondary Education shall develop a model of positive behavioral supports and resources to be used at the:
(a) Each public school district shall implement positive behavioral supports that shall be used at the:
(b) Positive behavioral supports and resources shall include the following:
(b) Positive behavioral supports implemented by a public school district shall include the following:
(2) Holding a public school student positively accountable for meeting an established behavioral expectation;
TNL273 - 03-15-2021 13:59Amendment No.
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2 to Senate Bill 140 Page 2 of 4 (2) Holding a public school student positively accountable for meeting an established behavioral expectation;
(c) A positive behavioral support system and conflict resolution or de-escalation approach implemented by a public school district shall be based 03-23-2021 11:23:20 TNL083 As Engrossed:
(c) A positive behavioral support system and conflict resolution or de-escalation approach implemented by a public school district shall be based on the following principles:
S3/16/21 S3/23/21 SB140 on the following principles:
(1) A public school should promote the right of a public school student to be treated with dignity;
(1) The right of a public school student to be treated with dignity;
(2) A public school student should receive necessary academic, social, emotional, and behavioral support that is provided in a safe and least-restrictive environment possible;
(2) Necessary academic, social, emotional, and behavioral support should be provided in a safe and the least-restrictive environment possible;
(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;
(4) Public school personnel should be trained to provide routinely 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;
(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;
(6) A public school should have the public school personnel necessary to effectively provide positive support to each public school student;
(8) Appropriate public school personnel should receive training in:
(8) All public school personnel should receive mandatory training in:
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.
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 TNL273 - 03-15-2021 13:59Amendment No.
03-23-2021 11:23:20 TNL083 As Engrossed:
2 to Senate Bill 140 Page 3 of 4 intervention, should receive additional intensive behavioral intervention that is based on a functional behavior assessment and data-based problem solving.
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.
(d)(1) A public school shall establish a problem-solving and intervention team for each 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.
(2) A problem-solving and intervention team established under subdivision (d)(1) of this section shall include without limitation a team member who is an academic and behavioral assessment and intervention professional.
9 /s/J.
(3) A problem-solving and intervention team shall:
Dismang 6 03-23-2021 11:23:20 TNL083
(A) Work with the public school teachers of a public school student to complete:
(i) A functional behavior assessment of the public school student;
and (ii) An assessment of any problematic situations involving the public school student;
and (B) Consider the need for a behavior intervention plan with the goal of:
(i) Preventing or resolving the social, emotional, or behavioral difficulty of the public school student;
and (ii) Developing a response that will de-escalate and stabilize a potential emergency situation that approaches a dangerous level.
(4) If a public school student is suspected of having a disability that relates to behavioral concerns, the public school shall follow public school district, state, and federal special education procedures.
(e) The State Board of Education may promulgate rules necessary for the implementation of this section." The Amendment was read the first time, rules suspended and read the second time and _______________________ By:
Senator J.
Dismang TNL/TNL - 03-15-2021 13:59:35 _________________________ TNL273 Secretary TNL273 - 03-15-2021 13:59Amendment No.
2 to Senate Bill 140 Page 4 of 4