Current through Register Vol. 49, No. 9, September, 2024
ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION
RULES GOVERNING STUDENT DISCIPLINE AND SCHOOL SAFETY
1.01 These rules shall be known as the
Arkansas Division of Elementary and Secondary Education (Division) Rules
Governing Student Discipline and School Safety.
2.00
REGULATORY
AUTHORITY
2.01 The State
Board of Education enacts these rules pursuant to its authority as set forth in
Ark. Code Ann. §§
6-11-105,
6-18-501 et seq.,
6-16-1406, and
25-15-201 et seq., and Acts 557,
640, 709, and 1029 of 2019.
3.01 These
rules are designed to assist local school districts with the development,
review and revision of student discipline and school safety policies.
4.01 "Attribute" means an actual or perceived
personal characteristic including without limitation race, color, religion,
ancestry, national origin, socioeconomic status, academic status, disability,
gender, gender identity, physical appearance, health condition, or sexual
orientation.
4.02 "Bullying" means
the intentional harassment, intimidation, humiliation, ridicule, defamation, or
threat or incitement of violence by a student against another student or public
school employee by a written, verbal, electronic, or physical act that may
address an attribute of the other student, public school employee, or person
with whom the other student or public school employee is associated and that
causes or creates actual or reasonably foreseeable:
4.02.1 Physical harm to a public school
employee or student or damage to the public school employee's or student's
property;
4.02.2 Substantial
interference with a student's education or with a public school employee's role
in education;
4.02.3 A hostile
educational environment for one (1) or more student or public school employees
due to the severity, persistence, or pervasiveness of the act; or
4.02.4 Substantial disruption of the orderly
operation of the school or educational environment; and
4.02.5 Includes cyberbullying.
4.03 "Course time" means the
number of hours of instruction devoted to a single subject during the school
week.
4.04 "Cyberbullying" means
any form of communication by electronic act that is sent with the purpose to:
4.04.1 Harass, intimidate, humiliate,
ridicule, defame, or threaten a student, public school employee, or person with
whom the other student or public school employee is associated; or
4.04.2 Incite violence to a student, public
school employee, or person with whom the other student or public school
employee is associated.
4.05 "Electronic act" means without
limitation a communication or image transmitted by means of an electronic
device, including without limitation a telephone, wireless phone, or other
wireless communications device, computer, or pager.
4.06 "Expulsion" means dismissal from school
for a period of time that exceeds ten (10) days.
4.06 "Harassment" means a pattern of
unwelcome verbal or physical conduct relating to another person's
constitutionally or statutorily protected status that causes, or reasonably
should be expected to cause, substantial interference with the other's
performance in the school environment.
4.07 "Nontraditional scheduling" means block
or other alternative scheduling as defined by the Division.
4.08 "Personal electronic device" means
without limitation a:
4.08.1 Cellular
telephone;
4.08.2 Paging
device;
4.08.3 Beeper;
4.08.4 Mobile telephone that offers advanced
computing and Internet accessibility;
4.08.5 Digital media player;
4.08.6 Portable game console;
4.08.7 Tablet, notebook, or laptop
computer;
4.08.8 Digital camera;
and
4.08.9 Digital video or audio
recorder.
4.09
"Substantial disruption" means without limitation that any one (1) or more of
the following occur as a result of the bullying:
4.09.1 Necessary cessation of instruction or
educational activities;
4.09.2
Inability of students or educational staff to focus on learning or function as
an educational unit because of a hostile environment;
4.09.3 Severe or repetitive disciplinary
measures are needed in the classroom or during educational activities;
or
4.09.4 Exhibition of other
behaviors by students or educational staff that substantially interfere with
the learning environment.
4.10 "Suspension" means dismissal from school
for a period of time that does not exceed ten (10) days.
4.11 "Teacher or school administrator" means
a person employed by a school district and required to hold a valid Arkansas
standard teaching license, an ancillary license, a provisional license, a
technical permit, or an administrator's license issued by the State Board; and
a nonlicensed classroom teacher or administrator employed in a position under a
waiver from licensure, as a condition of their employment.
5.01 Each school
district in this state shall develop written student discipline policies in
compliance with these rules and shall file the policies with the Division by
posting the policies on the school district's website no later than August 1
each year.
5.02 Parents, students,
and school district personnel, including teachers, shall be involved in the
development of school district student discipline policies.
5.02.1 School districts should attempt to
ensure that those involved with the development of school district student
discipline policies come from diverse racial, gender, and socioeconomic
backgrounds and that the group consist of a sufficient number of individuals to
provide broad representation within the district.
5.03 Student discipline policies shall
include, without limitation, the following offenses:
5.03.1 Willfully and intentionally assaulting
or threatening to assault or abuse any student or teacher, principal,
superintendent, or other employee of a school system;
5.03.2 Possession by students of any firearm
or other weapon prohibited upon the school campus by law or by policies adopted
by the school board of directors;
5.03.3 Using, offering for sale, or selling,
beer, alcoholic beverages, or other illicit drugs, by students on school
property; and
5.03.4 Willfully or
intentionally damaging, destroying, or stealing school property by
students.
5.04 Student
discipline policies shall:
5.04.1 Prescribe
minimum and maximum penalties, including without limitation, students'
suspension or expulsion from school, for violations of any of the offenses
listed in 5.03 above, and for violations of other practices prohibited by
school discipline policies; however, the superintendent shall have discretion
to modify the prescribed penalties for a student on a case-by-case
basis;
5.04.2 Prescribe expulsion
from school for a period of one (1) year for possession of any firearm or other
weapon prohibited upon the school campus by law, provided, however, that the
superintendent shall have discretion to modify such expulsion requirement for a
student on a case-by-case basis;
5.04.2.1 The
policy shall require parents, guardians, or other persons in loco parentis of a
student expelled for possession of a firearm or other prohibited weapon to sign
a statement acknowledging that the parents have read and understand current
laws regarding the possibility of parental responsibility for allowing a child
to possess a weapon on school property.
5.04.2.2 The statement shall be signed by the
parents, guardians, or other persons in loco parentis before readmitting a
student or enrolling a student in any public school immediately after the
expiration of the expulsion.
5.04.2.3 School administrators and the local
school district board shall complete the expulsion process of any student that
was initiated because the student possessed a firearm or other prohibited
weapon on school property regardless of the enrollment status of the
student.
5.04.3
Establish procedures for notice to students and parents of charges, hearings,
and other due process proceedings to be applicable in the enforcement and
administration of such policies by the school administrator and by the school
board of directors;
5.04.4 Include
prevention, intervention, and conflict resolution provisions;
5.04.5 Set forth the role and authority of
public school employees and volunteers;
5.04.6 Include a provision for the seizure by
school personnel of hand-held laser pointers in the possession of
students;
5.04.7 Establish
procedures for responding to reports received through the school safety and
crisis line under Ark. Code Ann. §
6-18-111;
5.04.8 Include a provision prohibiting
students from wearing, while on the grounds of a public school during the
regular school day and school-sponsored activities and events, clothing that
exposes underwear, buttocks, or the breast of a female, and the disciplinary
action(s) that will be taken against a student for violation.
5.04.8.1 This policy shall not apply to a
costume or uniform worn by a student while participating in a school-sponsored
activity or event and shall not be enforced in a manner that discriminates
against a student on the basis of his or her race, color, religion, sex,
disability, or national origin.
5.04.9 Include programs, measures, or
alternative means and methods to continue student engagement and access to
education during periods of suspension or expulsion;
5.04.10 Include provisions for placement of a
student with disciplinary, socially dysfunctional, or behavioral problems not
associated with a physical or mental impairment or disability in an alternative
learning environment provided by the district. Behavioral problems include
being at risk of not satisfactorily completing a high school education;
and
5.04.11 Provide that parents
and students will be advised of the rules and regulations by which the school
is governed and will be made aware of the behavior that will call for
disciplinary action and the types of corrective actions that may be imposed.
5.04.11.1 Each school district shall develop
a procedure for written notification to all parents and students of the
district's student discipline policies and for documentation of the receipt of
the policies by all parents and students.
5.05 A school district may establish a
written student discipline policy and exemptions concerning the possession and
use by a student of a personal electronic device:
5.05.1 On school property;
5.05.2 At an after-school activity;
or
5.05.3 At a school-related
function.
5.05.4 The policy may,
without limitation:
5.05.4.1 Allow or restrict
the possession and use of a personal electronic device;
5.05.4.2 Allow the use of a personal
electronic device in school for instructional purposes at the discretion of a
teacher or administrator;
5.05.4.3
Limit the times or locations in which a personal electronic device may be used
to make telephone calls, send text messages or emails, or engage in other forms
of communication;
5.05.4.4 Allow or
prohibit the use of any photographic, audio, or video recording capabilities of
a personal electronic device while in school;
5.05.4.5 Exempt the possession or use of a
personal electronic device by a student who is required to use such a device
for health or another compelling reason;
5.05.4.6 Exempt the possession or use of a
personal electronic device after normal school hours for extracurricular
activities; and
5.05.4.7 Include
other relevant provisions deemed appropriate and necessary by the school
district.
5.06 Nothing in any student discipline
policies promulgated under state law and these rules shall limit or restrict
the bringing of criminal charges against any person for violating the criminal
laws of this state.
5.06.1 The school
principal, or in his or her absence the principal's designee, shall make a
reasonable, good faith effort to notify the student's parent or legal guardian,
or other person having lawful control of the student by court order, or person
standing in loco parentis, listed on the student's enrollment forms, if the
school or school district, with respect to a student under the age of eighteen
(18):
5.06.1.1 Makes a report to any law
enforcement agency concerning student misconduct;
5.06.1.2 Grants law enforcement personnel
other than a school resource officer acting in the normal course and scope of
his or her assigned duties access to a student; or
5.06.1.3 Knows that a student has been taken
into custody by law enforcement personnel during the school day or while under
school supervision.
5.06.2 The school principal or the
principal's designee shall notify the student's parent, legal guardian, or
other person having lawful control of the student under an order of court or
person acting in loco parentis that the student has been reported to,
interviewed by, or taken into custody by law enforcement personnel.
5.06.3 If the principal or the principal's
designee is unable to reach the parent, he or she shall make a reasonable, good
faith effort to get a message to the parent to call either the principal or the
principal's designee and leave both a day and an after-hours telephone
number.
5.06.4 The notification
required by 5.06.1 and 5.06.2 is not required if school personnel make a report
or file a complaint based on suspected child maltreatment as required under
§
12-18-401 et seq. or if a law
enforcement officer, investigator of the Crimes Against Children Division of
the Department of Arkansas State Police, or Department of Human Services
investigator or personnel member interviews a student during the course of an
investigation of suspected child maltreatment.
5.06.5 The principal or the principal's
designee shall not provide notification under 5.06.1 or 5.06.2 if a request is
made to interview a student during the course of an investigation of suspected
child maltreatment and a parent, guardian, custodian, or person standing in
loco parentis is named as an alleged offender.
5.06.5.1 The investigator shall provide the
school with documentation that notification to the parent, guardian, custodian,
or person standing in loco parentis is prohibited.
5.06.5.2 The request to interview under
5.06.5 must be made by:
5.06.5.2.1 A law
enforcement officer;
5.06.5.2.2 An
investigator of the Crimes Against Children Division of the Department of
Arkansas State Police; or
5.06.5.2.3 An investigator or employee of the
Department of Human Services.
5.07 The student discipline policies and
State and district discipline data shall be reviewed annually by the school
district's committee on personnel policies. The committee may recommend changes
in the policies to the board of directors of the local school district based on
the committee's review.
5.08 Any
amendments or revisions to a school district's student discipline policies
shall be developed and adopted in the same manner as the original policies as
required by law, consistent with these rules, and submitted to the Division
within thirty (30) days after the adoption of such amendment or
revision.
5.09 The Division shall
monitor compliance with the requirements of these rules and of Ark. Code Ann.
§§
6-18-502 and
6-18-503. Any school district
failing to file with the Division disciplinary policies that meet the
requirements of law and these rules shall have all state aid funds withheld
until such disciplinary policies are filed with the Division as required by
these rules.
5.10 Teachers and
administrators, classified school employees, and volunteers shall be provided
with appropriate student discipline, behavioral intervention, and classroom
management training and support.
5.11 Consistent with state and federal law,
in order to maintain effective discipline in the classroom, a teacher may
remove from class and send to the principal's or principal's designee's office,
a student:
5.11.1 Who has been documented by
the teacher as repeatedly interfering with the teacher's ability to teach the
students in the class or with the ability of the student's classmates to learn;
or
5.11.2 Whose behavior the
teacher determines is so unruly, disruptive, or abusive that it seriously
interferes with the teacher's ability to teach the students in the class or
with the ability of the student's classmates to learn.
5.11.3 If a teacher removes a student from
class in accordance with 5.11, the principal or his or her designee may:
5.11.3.1 Place the student into another
appropriate classroom, into in-school suspension, or into the district's
alternative learning environment, so long as such placement is consistent with
the school district's written policies, and state and federal law and
rules;
5.11.3.2 Return the student
to the class; or
5.11.3.3 Take
other appropriate action consistent with the school district's discipline
policy, state law, and federal law.
5.11.4 If a teacher removes a student from
class, in accordance with 5.11, two (2) times during any nine-week grading
period or its equivalent, the principal or the principal's designee may not
return the student to the teacher's class unless a conference is held for the
purpose of determining the causes of the problem and possible solutions, with
the following individuals present:
5.11.4.1
The principal or the principal's designee;
5.11.4.2 The teacher;
5.11.4.3 The school counselor;
5.11.4.4 The parents, guardians, or persons
in loco parentis; and
5.11.4.5 The
student, if appropriate.
5.11.4.6
The failure of the parents, guardians, or persons in loco parentis to attend
the conference provided for in this subsection shall not prevent the conference
from being held nor prevent any action from being taken as a result of that
conference, provided that the parents, guardians, or persons in loco parentis
have been offered the opportunity to participate.
5.12 If a school employee believes
that any action taken by the school district to discipline a student referred
by that employee does not follow student discipline policies, the school
employee may appeal under the district's grievance procedure as provided under
§
6-17-208.
SUSPENSION and EXPULSION
5.13 The board of a school district may
suspend or expel any student from school for violation of the school district's
written discipline policies, with the following exceptions:
5.13.1 A school district shall not use
out-of-school suspension as a discipline measure for truancy; and
5.13.2 A school district shall not use
out-of-school suspension or expulsion for a student in kindergarten through
grade five (K-5) except in cases when a student's behavior:
5.13.2.1 Poses a physical risk to himself or
herself or to others; or
5.13.2.2
Causes a serious disruption that cannot be addressed through other
means.
5.14 A
school district board may authorize a teacher or an administrator to suspend
any student for a maximum of ten (10) school days for violation of the school
district's written discipline policies, subject to appeal to the superintendent
or his or her designee.
5.14.1 However,
schools that utilize nontraditional scheduling may not suspend students from
more course time than would result from a ten-day suspension under the last
traditional schedule used by the school district.
5.15 If the superintendent initiates the
suspension process, the decision may be appealed to the board of
directors.
5.16 A superintendent
may recommend the expulsion of a student for more than ten (10) days for
violation of the school district's written discipline policies, subject to
appeal to the board of directors and to requirements of the Individuals with
Disabilities Education Act, 20 U.S.C. §
1401 et seq.
5.16.1 After hearing all testimony and debate
on a suspension, expulsion, or appeal, the board of directors may consider its
decision in executive session without the presence of anyone other than the
board members.
5.16.2 At the
conclusion of an executive session, the board of directors shall reconvene in
public session to vote on the suspension, expulsion, or appeal.
5.16.3 A school district board meeting
entertaining an appeal shall be conducted in executive session if requested by
the parent or guardian of the student provided that after hearing all testimony
and debate, the board of directors shall conclude the executive session and
reconvene in public session to vote on such appeal.
5.17 Upon suspension of a student, the school
shall immediately contact the student's parent or legal guardian to notify the
parent or legal guardian of the suspension.
5.17.1 Each parent or legal guardian shall
provide the school:
5.17.1.1 A primary call
number. If the call number changes, the parent or legal guardian shall notify
the school of the new primary call number;
5.17.1.2 An email address if the parent or
legal guardian does not have a telephone; or
5.17.1.3 A current mailing address if the
parent or legal guardian does not have a telephone or email address.
5.17.2 The contact required in
this subsection is sufficient if made by:
5.17.2.1 Direct contact with the parent or
legal guardian at the primary call number or in person;
5.17.2.2 Leaving a voice mail at the primary
call number;
5.17.2.3 Sending a
text message to the primary call number;
5.17.2.4 Email if the school is unable to
make contact through the primary call number; or
5.17.2.5 Regular first-class mail if the
school is unable to make contact through the primary call number or
email.
5.17.3 The school
shall keep a notification log of contacts attempted and made to the parent or
legal guardian.
5.17.4 A public
school shall indicate on a student's attendance record if a student's absence
is the result of an out-of-school suspension.
5.18 A public school district or
open-enrollment public charter school that expels a student, shall offer to the
expelled public school student digital learning courses or other alternative
educational courses for which the student may receive academic credit that is
at least equal to credit the expelled public school student may have received
if he or she was still enrolled in his or her assigned public school or
open-enrollment public charter school immediately before he or she was
expelled.
5.19 The principal of
each school shall report, within a week, to the Division, the name, current
address, and social security number of any student who is expelled for
possessing a firearm or other prohibited weapon on school property or for
committing other acts of violence.
5.19.1 The
expulsion shall be noted on the student's permanent school record.
5.19.2 Nothing in Section 5.19 of these rules
shall be construed to limit a superintendent's discretion to modify the
expulsion requirement for a student on a case-by-case basis.
5.19.3 The Division shall maintain
information regarding students who are expelled for possessing a firearm or
other prohibited weapon on school property or for committing other acts of
violence.
5.20 The board
of directors of a school district may adopt a policy that any person who has
been expelled as a student from any other school district may not enroll as a
student until the time of the student's expulsion has expired, provided that
the receiving school district board affords the student the opportunity for a
hearing at the time the student is seeking enrollment.
CORPORAL PUNISHMENT
5.21 A school district that authorizes the
use of corporal punishment in its discipline policy shall include provisions
for administration of the punishment, including that it be administered only
for cause, be reasonable, follow warnings that the misbehavior will not be
tolerated, and be administered by a teacher or a school administrator and only
in the presence of a school administrator or his or her designee, who shall be
a teacher or an administrator employed by the school district.
5.21.1 A school district that authorizes use
of corporal punishment, shall not:
5.21.1.1
Use corporal punishment on a child who is intellectually disabled,
non-ambulatory, non-verbal, or autistic; or
5.21.1.2 Include in its written student
discipline policy, a provision to allow the use of corporal punishment on a
child who is intellectually disabled, non-ambulatory, non-verbal, or
autistic.
6.01 Bullying of a public school student or a
public school employee is prohibited.
6.02 Each public school district board of
directors shall adopt policies to prevent bullying. The policies shall:
6.02.1 Clearly define conduct that
constitutes bullying and shall include the definition contained in Ark. Code
Ann. §
6-18-514 and these rules;
6.02.2 Prohibit bullying while in school, on
school equipment or property, in school vehicles, on school buses, at
designated school bus stops, at school-sponsored activities, or at
school-sanctioned events;
6.02.3
Prohibit cyberbullying that results in the substantial disruption of the
orderly operation of the school or educational environment, whether or not the
cyberbullying originated on school property or with school equipment if the
cyberbullying is directed specifically at students or school personnel and
maliciously intended for the purpose of disrupting school and has a high
likelihood of succeeding in that purpose;
6.02.4 State the consequences for engaging in
the prohibited conduct, which may vary depending on the age or grade of the
student involved;
6.02.5 Require
that a school employee who has witnessed or has reliable information that a
pupil has been a victim of an incident of bullying as defined by the public
school district shall report the incident to the principal as soon as
possible;
6.02.6 Require that any
person who files a credible report or makes a complaint of bullying shall not
be subject to retaliation or reprisal in any form;
6.02.7 Require that notice of what
constitutes bullying, that bullying is prohibited, and that the consequences of
engaging in bullying be conspicuously posted in every classroom, cafeteria,
restroom, gymnasium, auditorium, and school bus in the district;
6.02.8 Require that copies of the notice of
what constitutes bullying, the prohibition of bullying, and the consequences of
engaging in bullying be provided to parents and legal guardians, students,
school volunteers, and employees of the public school annually;
6.02.9 Require that a full copy of the policy
be made available upon request;
6.02.10 Describe the procedures for reporting
an incident of bullying and the steps school employees may take in order to
address a report of an alleged incident of bullying; and
6.02.11 Include information on how to make an
anonymous report to the school safety and crisis line under Ark. Code Ann.
§
6-18-111.
6.03 A notice of the public school district's
policies shall appear in any publication of the public school district that
sets forth the comprehensive rules, procedures, and standards of conduct for
public schools within the public school district, and the student
handbook.
6.04 The public school
district shall, to the extent required, annually conduct a reevaluation,
reassessment, and review of its policies regarding the prohibition of bullying
and make any necessary revisions and additions.
6.05 A public school district shall provide
training on compliance with the anti-bullying policies to all public school
district employees responsible for reporting or investigating
bullying.
6.06 A public school
employee who has reported violations under the public school district's policy
shall be immune from any tort liability that may arise from the failure to
remedy the reported incident of bullying.
6.07 The public school district board of
directors may provide opportunities for school employees to participate in
programs or other activities designed to develop the knowledge and skills to
prevent and respond to acts covered by the public school district's
policies.
6.08 The public school
district shall provide the Division with the website address at which a copy of
the policies adopted in compliance with these rules may be found.
6.09 Nothing in these rules shall be
construed to:
6.09.1 Restrict a public school
district from adopting and implementing policies against bullying and school
violence or policies to promote civility and student dignity that are more
inclusive than the policies prohibiting bullying required under these
rules;
6.09.2 Unconstitutionally
restrict protected rights of freedom of speech, freedom of religious exercise,
or freedom of assembly;
6.09.3
Affect the provisions of any collective bargaining agreement or individual
contract of employment in effect on July 24, 2019; or
6.09.4 Alter or reduce the rights of a
student with a disability with regard to disciplinary action or to general or
special educational services and support.
6.10 If an alleged incident of bullying
occurs during school hours, a public school principal or his or her designee
who receives a credible report or complaint of bullying shall:
6.10.1 As soon as reasonably practicable:
6.10.1.1 Report to a parent or legal guardian
of a student believed to be the victim of an incident of bullying that his or
her child is the victim in a credible report or complaint of bullying;
and
6.10.1.2 Prepare a written
report of the alleged incident of bullying; and
6.10.2 Promptly investigate the credible
report or complaint.
6.10.2.1 The
investigation shall be completed as soon as possible but not later than five
(5) school days from the date of the written report of the alleged incident of
bullying.
6.10.2.2 Following the
completion of the investigation into the alleged incident of bullying, an
individual licensed as a public school district building-level administrator or
his or her designee may without limitation:
6.10.2.2.1 Provide intervention
services;
6.10.2.2.2 Establish
training programs to reduce bullying;
6.10.2.2.3 Impose discipline on any of the
parties involved in the incident of bullying in accordance with state and
federal law and rules and district policy;
6.10.2.2.4 Recommend counseling for any of
the parties involved in the incident of bullying; or
6.10.2.2.5 Take or recommend other
appropriate action.
6.10.3 Notify the parent or legal guardian of
the student who is determined to have been the perpetrator of the incident of
bullying:
6.10.3.1 Upon completion of the
investigation; and
6.10.3.2
Regarding the consequences of continued incidents of bullying.
6.10.3.3 A parent or legal guardian of a
student who is the victim or perpetrator of an incident of bullying is entitled
within five (5) school days after the completion of the investigation, and in
accordance with federal and state law, to receive information about the
investigation, including without limitation:
6.10.3.3.1 That a credible report or
complaint of bullying exists;
6.10.3.3.2 Whether the credible report or
complaint of bullying was found to be true based on the
investigation;
6.10.3.3.3 Whether
action was taken upon the conclusion of the investigation of the alleged
incident of bullying; and
6.10.3.3.4 Information regarding the
reporting of another incident of bullying.
6.10.4 Make a written record of the
investigation and any action taken as a result of the investigation.
6.10.4.1 The written record of the
investigation shall include a detailed description of the alleged incident of
bullying, including without limitation a detailed summary of the statements
from all material witnesses to the alleged incident of bullying; and
6.10.5 Discuss, as appropriate,
the availability of counseling and other intervention services with students
involved in the incident of bullying.
6.11 One (1) time each school year, the
superintendent of a public school district shall report to the public school
district board of directors at a public hearing data regarding discipline in
the public school district, including without limitation the number of
incidents of bullying reported and the actions taken regarding the reported
incidents of bullying.
