Struck = removed from the bill ·
added = the amendment's new text.
StrickenARKANSAS languageSENATE would93rd beGeneral deletedAssembly from- andRegular underlinedSession, language2021 wouldAmendment beForm added______________________________________________________________________ toSubtitle presentof law.Senate Bill No.
State140 ofTO ArkansasREQUIRE AsSCHOOL Engrossed: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______________________________________________________________________ S3/23/21Amendment 93rdNo. General Assembly A Bill Regular Session, 2021 SENATE BILL 140 5 By:
Senator2 J.to Senate Bill 140 Amend Senate Bill No.
Dismang140 By:as originally introduced:
Add Representatives Scott, L.
Johnson 8as Forcosponsors Anof Actthe Tobill BeAND EntitledPage AN1, ACTdelete CONCERNINGlines STUDENT28 DISCIPLINEand IN29, PUBLICand SCHOOLS;substitute the following:
TO"SECTION REQUIRE1. 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.
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*AND 03-23-2021Page 11:23:202, TNL083delete Aslines Engrossed:12 through 32, and substitute the following:
S3/16/21"requirement S3/23/21that SB140a 6-18-517.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(2) childhoodInformation experiencesrequested —and Considerationreviewed whenunder discipliningsubdivision —(b)(1) Definition.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(B) 11:23:20The TNL083public Asschool Engrossed:student, if appropriate;
S3/16/21*.TNL273* S3/23/21TNL273 SB140- (B)03-15-2021 The13:59:35 publicPage school1 student,of if4 appropriate;(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, theappropriate public school district in which the public school student is enrolled shall provide to the public school student behavioral supports thatshall thebe publicimplemented. school district determines are appropriate.
(e) The State Board of Education may promulgate rules necessary for 03-23-2021the 11:23:20implementation TNL083of Asthis Engrossed:section.
S3/16/216-18-518. S3/23/21 SB140 the implementation of this section.
3 6-18-518.
(a) TheEach Divisionpublic ofschool Elementarydistrict and Secondary Education shall developimplement a model of positive behavioral supports andthat resourcesshall to be used at the:
(b) Positive behavioral supports andimplemented resourcesby a public school district shall include the following:
(2)TNL273 Holding- a03-15-2021 public13:59Amendment schoolNo. student positively accountable for meeting an established behavioral expectation;
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 03-23-2021on 11:23:20the TNL083following Asprinciples: Engrossed:
S3/16/21(1) S3/23/21A SB140public onschool should promote the followingright principles:of a public school student to be treated with dignity;
(1)(2) TheA right of a public school student toshould bereceive treatednecessary withacademic, dignity;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) ThePublic appropriate 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 accessthe to public school personnel whonecessary to effectively provide positive support to aeach public school studentstudent; who needs the support;
(8) AppropriateAll 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,TNL273 should- receive03-15-2021 additional13:59Amendment intensiveNo. behavioral intervention that is based on a functional behavior assessment and data-based problem solving.
03-23-20212 11:23:20to TNL083Senate AsBill Engrossed: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(d)(1) S3/23/21A SB140 (d) The model developed by the division under subdivision (a)(1) of this section shall include information regarding how a public school mayshall establish a problem-solving and intervention team for aeach public school student who exhibits social, emotional, or behavioral difficulty that may, if not addressed, escalate to potentially dangerous behavior.
(e)(2) TheA Stateproblem-solving Boardand intervention team established under subdivision (d)(1) of Educationthis maysection promulgateshall rulesinclude necessarywithout forlimitation thea implementationteam ofmember thiswho section.is an academic and behavioral assessment and intervention professional.
9(3) /s/J.A problem-solving and intervention team shall:
Dismang(A) 6Work 03-23-2021with 11:23:20the TNL083public 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