Ark. Code Ann. § 6-18-502 (2020)

1. The Division of Elementary and Secondary Education shall establish rules for the development of school district student discipline policies.
2. Such rules shall include without limitation the following requirements:
   1. Parents, students, and school district personnel, including teachers, shall be involved in the development of school district student discipline policies;
   2. 1. The school district's committee on personnel policies shall review annually:
         1. The school district's student discipline policies; and
         2. State and district discipline data.
      2. The committee may recommend changes in the policies to the board of directors of the local school district based on the committee's review under subdivision (b)(2)(A) of this section; and
   3. Student discipline policies shall include without limitation the following offenses:
      1. Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
      2. Possession by students of any firearm or other weapon prohibited upon the school campus by law or by policies adopted by the school district board of directors;
      3. Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property; and
      4. Willfully or intentionally damaging, destroying, or stealing school property by students.
3. The school discipline policies shall:
   1. 1. Prescribe minimum and maximum penalties, including without limitation students' suspension or expulsion from school, for violations of any of the offenses described in subdivision (b)(3) of this section and for violations of other practices prohibited by school discipline policies.
      2. However, the superintendent shall have discretion to modify the prescribed penalties for a student on a case-by-case basis;
   2. 1. 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.
      2. Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis;
   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 district board of directors;
   4. Include prevention, intervention, and conflict resolution provisions;
   5. Set forth the role and authority of public school employees and volunteers as provided in this subchapter;
   6. Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion; and
   7. Establish procedures for responding to reports received through the school safety and crisis line under § 6-18-111.
4. Student discipline policies shall 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. 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.
6. Teachers and administrators, classified school employees, and volunteers shall be provided with appropriate student discipline, behavioral intervention, and classroom management training and support.
7. If a school employee believes that any action taken by the school district to discipline a student referred by that employee does not follow school district discipline policies, the school employee may appeal under the district's grievance procedure as provided under § 6-17-208.
8. In developing the state rules for school district discipline policies, the division shall involve parents, students, teachers, and administrators.

History. Acts 1983 (1st Ex. Sess.), No. 77, § 1; 1983 (1st Ex. Sess.), No. 104, § 1; A.S.A. 1947, § 80-1629.6; Acts 1989, No. 146, § 1; 1995, No. 567, § 1; 1995, No. 968, § 1; 1997, No. 706, § 1; 1999, No. 1475, §§ 2, 3; 2001, No. 447, § 1; 2013, No. 71, § 1; 2019, No. 640, §§ 1-4; 2019, No. 910, §§ 1530, 1531; 2019, No. 1064, § 3.

Amendments. The 2013 amendment deleted former (b)(3)(D), and redesignated (b)(3)(E) as present (b)(3)(D).

The 2019 amendment by No. 640 substituted “rules” for “guidelines” in (a) and the introductory language of (b); rewrote (b)(2)(A); added “based on the committee's review under subdivision (b)(2)(A) of this section” in (b)(2)(B); rewrote (c)(1); deleted “not less than” preceding “one (1) year” in (c)(2)(A); added (c)(6); in (f), inserted “behavioral intervention, and classroom management”, and added “and support”; substituted “rules” for “guidelines” in (h); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (h).

The 2019 amendment by No. 1064 added (c)(7).