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:
Senator3 J.to Senate Bill 140 Amend Senate Bill No.
Dismang140 By:as engrossed S3/16/21 (version:
Representatives3/16/2021 Scott,9:37:46 L.AM):
JohnsonPage 82, Fordelete Anlines Act19 Toand Be20, Entitledand ANsubstitute ACTthe CONCERNINGfollowing: STUDENT DISCIPLINE IN PUBLIC SCHOOLS;
TO"requirement REQUIREthat PUBLICa SCHOOLpublic DISTRICTschool BOARDSadministrator OFor DIRECTORShis TOor INCLUDEher INdesignee STUDENTmake DISCIPLINEa POLICIESreasonable THErequest REQUIREMENTfor THATinformation PUBLICrelated SCHOOLSto CONDUCTadverse ANchildhood ASSESSMENTexperiences OFor Achildhood PUBLICtrauma SCHOOLthat STUDENT'Smay" ADVERSEAND CHILDHOODPage EXPERIENCES2, BEFOREdelete DISCIPLININGlines A25 PUBLICand SCHOOL26, STUDENT;and substitute the following:
AND"(10) FORcumulative OTHERdays PURPOSES.out of school within one (1) school year.
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.
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.
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.
(3) Information requested under subdivision (b)(1)(b)(1)" ofAND thisPage section3, mayline be12, obtaineddelete from:"substantial" and substitute "substantial causal" AND Page 3, delete line 13, and substitute the following:
(A)"student, Thethe parent,public guardian,school ordistrict personin standingwhich inthe locopublic parentisschool ofstudent is enrolled shall provide to the public school student;student behavioral supports that the public school district determines are appropriate." AND *.TNL295* TNL295 - 03-22-2021 14:17:40 Page 1 of 3 Page 3, delete lines 31 and 32, and substitute the following:
03-23-2021"(a) 11:23:20The TNL083Division Asof Engrossed:Elementary and Secondary Education shall develop a model of positive behavioral supports and resources to be used at the:" AND Page 4, delete lines 5 and 6, and substitute the following:
S3/16/21"(b) S3/23/21Positive SB140behavioral (B)supports Theand publicresources schoolshall student,include ifthe appropriate;following:" AND Page 4, delete lines 29 through 33, and substitute the following:
(C)"(1) RecordsThe maintainedright byof ora availablepublic school student to thebe publictreated school;with dignity;
(D)(2) PublicNecessary schoolacademic, districtsocial, employees,emotional, includingand withoutbehavioral limitationsupport should be provided in a safe and the publicleast-restrictive schoolenvironment district:possible;" AND Page 5, delete lines 2 and 3, and substitute the following:
(i)"(4) LiaisonThe forappropriate studentspublic whoschool arepersonnel inshould fosterbe care;trained to provide positive and appropriate academic, social, emotional, or behavioral" AND Page 5, delete lines 8 through 10, and substitute the following:
(ii)"(6) LiaisonA forpublic studentsschool student should have access to public school personnel who areeffectively homeless;provide positive support to a public school student who needs the support;" AND Page 5, delete lines 13 and 14, and substitute the following:
(iii)"(8) AAppropriate counselor;public school personnel should receive training in:" AND Page 5, delete lines 28 through 36, and substitute the following:
(iv)"(d) AThe nurse;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." AND TNL295 - 03-22-2021 14:17Amendment No.
or3 (v)to ASenate socialBill worker;140 Page 2 of 3 Page 6, delete lines 1 through 16 The Amendment was read the first time, rules suspended and read the second time and _______________________ By:
andSenator (E)(i)J. 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)Dismang AnTNL/TNL employee- of03-22-2021 the14:17:40 department_________________________ shallTNL295 provide,Secretary uponTNL295 request- of03-22-2021 a14:17:40 publicAmendment school,No. 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)3 If an adverse childhood experience is determined to haveSenate aBill direct140 andPage substantial3 causal relationship to the behavior of the3 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 03-23-2021 11:23:20 TNL083 As Engrossed:
S3/16/21 S3/23/21 SB140 the implementation of this section.
3 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 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.
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.
9 /s/J.
Dismang 6 03-23-2021 11:23:20 TNL083