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Arkansas Code Annotated

Ark. Code Ann. § 6-18-503 (2020)

Written student discipline policies required — Definition

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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      1. Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division.
      2. The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program.
      3. The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for:
        1. 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; and
        2. Procedures for responding to reports received through the school safety and crisis line under § 6-18-111.
    2. Behavioral problems include being at risk of not satisfactorily completing a high school education.
    1. A school district that authorizes 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 school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district.
    2. As used in this subchapter, “teacher or school administrator” means:
      1. 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 of Education; and
      2. An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure.
    3. A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not:
      1. Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or
      2. Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.
    1. A school district shall include in its student discipline policies a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female.
    2. Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event.
    3. A school district shall specify in its student discipline policies the disciplinary actions that will be taken against a student for a violation of subdivision (c)(1) of this section.
    4. Subdivision (c)(1) of this section 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.
  4. 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 required by § 6-18-502 and shall be consistent with the rules established by the division.
  5. Any amendment or revision to the student discipline policies adopted by a school district shall be submitted to the division within thirty (30) days after the adoption of such amendment or revision.

History. Acts 1983 (1st Ex. Sess.), No. 77, § 2; 1983 (1st Ex. Sess.), No. 104, § 2; A.S.A. 1947, § 80-1629.7; Acts 1991, No. 830, § 1; 1994 (2nd Ex. Sess.), No. 51, §§ 2, 5; 1995, No. 333, § 1; 1995, No. 567, § 2; 2011, No. 835, § 2; 2013, No. 1073, § 29; 2013, No. 1138, § 47; 2019, No. 557, § 4[3]; 2019, No. 640, §§ 5-7; 2019, No. 910, §§ 1532, 1533; 2019, No. 1064, § 4.

A.C.R.C. Notes. Acts 2011, No. 835, § 1, provided:

“Legislative intent.

“(a) The General Assembly finds that the wearing of clothing that exposes underwear, buttocks, or the breast of a female by students in the public schools often preoccupies and distracts students from their major purpose for being in school, that of becoming educated in math, science, English, history, and other subjects.

“(b) The General Assembly further finds that student competition over the manner in which clothing is worn could lead to violence and injuries during school hours.

“(c) The General Assembly further finds that, as part of their preparation for students to enter the workforce, public schools should encourage and train students to dress in a manner that would be acceptable in the workplace.

“(d) The General Assembly finds that prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female will prevent disruptions in the learning environment, advance the education of students, enhance the preparation of students to enter the workforce, and make disruptive incidents of violence less likely to occur.”

Amendments. The 2011 amendment added (c) and redesignated the remaining subsections accordingly.

The 2013 amendment by Nos. 1073 and 1138 substituted “educator license” for “certificate” in (b)(2).

The 2019 amendment by No. 557 added (b)(3).

The 2019 amendment by No. 640, in (a)(1)(A), substituted “rules” for “guidelines”; substituted “The rules required under subdivision (a)(1)(A) of this section may include” for “Guidelines shall include” in (a)(1)(B); in (a)(1)(C), inserted “required under subdivision (a)(1)(A) of this section”, and substituted “physical or mental impairment or disability” for “handicapping condition”; deleted former (a)(1)(C)(ii); substituted “subchapter” for “section” in the introductory language of (b)(2); added the (b)(2)(A) designation; substituted “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 of Education; and” for “have a state issued educator license as a condition of their employment”; added (b)(2)(B); substituted “rules” for “guidelines” in (d); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A); and substituted “division” for “department” in (a)(1)(A), (d), and (e).

The 2019 amendment by No. 1064 added (a)(1)(C)(iii) [now (a)(1)(C)(ii)].

Case Notes

Compliance.

Teacher who struck student on the head to get his attention and to restore order in the classroom was not authorized by the school to use corporal punishment and, even if the school district had permitted it, her actions were not carried out in conformity with the minimum statutory guidelines of subdivision (b)(1) of this section; thus, although neither the teacher nor the school district argued explicitly that the teacher was entitled to statutory immunity under § 6-18-505, the teacher's lack of compliance with her district's policy was a factor that weighed against a finding that the discipline in question was reasonable. Daniels v. Lutz, 407 F. Supp. 2d 1038 (E.D. Ark. 2005).

School principal did not commit child maltreatment while disciplining a student as the administration of corporal punishment under subdivision (b)(1) of this section was properly administered; the parents and school administrator were present, and no one, not even the student, indicated the paddling was too hard. Ark. Dep't of Human Servs. v. Holman, 96 Ark. App. 243, 240 S.W.3d 618 (2006).

Cited: Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

Notes of Decisions
Cited in 2 cases, 1996–2006 · leading case: Richie ex rel. Richie v. Bd. of Educ., 933 S.W.2d 375 (Ark. 1996).
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Richie ex rel. Richie v. Bd. of Educ., 933 S.W.2d 375 (Ark. 1996). · cites it 4× “Ark.Code Ann. § 6-18-503 (Supp.1995). The Lead Hill School District developed a written student-discipline policy which includes certain rules concerning conduct on its buses.”
Arkansas Dep't of Human Servs. v. Holman, 240 S.W.3d 618 (Ark. Ct. App. 2006). · cites it 2× “Ark. Code Ann. § 6-18-503 (b)(l) (Repl. 1999).”
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