student rights in arkansas

Bullying, Harrassment, and Hazing

Gang-related Activity

Search and Seizure

Restraint and Seclusion

Dating/Relationship Violence

Appropriate Grounds for Suspension/Expulsion

No regulations; under Federal Law:

Bullying, Harrassment, and Hazing

Bullying, Harassment, or Hazing

LAWS

A.C.A.§ 5-71-217. Cyberbullying.

(a) As used in this section:

(1) "Communication" means the electronic communication of information of a person's choosing between or among points specified by the person without change in the form or content of the information as sent and received;

(2) "Electronic means" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, or an online messaging service; and

(3) "School employee" means a person who is employed full time or part time at a school that serves students in any of the grades kindergarten through grade twelve (K-12), including without limitation a:

(A) Public school operated by a school district;
(B) Public school operated by a state agency or institution of higher education; (C) Public charter school; or
(D) Private school.

(b) A person commits the offense of cyberbullying if:

(1) He or she transmits, sends, or posts a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, or harass another person; and

(2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other person.

(c) The offense of cyberbullying may be prosecuted in the county where the defendant was located when he or she transmitted, sent, or posted a communication by electronic means, in the county where the communication by electronic means was received by the person, or in the county where the person targeted by the electronic communications resides.

(d)(1) Cyberbullying is a Class B misdemeanor.
(2) Cyberbullying is a Class A misdemeanor if the victim is a school employee.

A.C.A.§ 6-15-1005. Safe, equitable, and accountable public schools.

(b)(1) The school climate will promote student achievement.

(2)(A) Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities.

(B) These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.

A.C.A.§ 6-15-1303. Safe Schools Initiative Act.

(C) The training provided by the Arkansas Center for School Safety of the Criminal Justice Institute may include without limitation the training and education needed to assist a public school in:

(ii) Addressing public safety and legal topics such as drugs and alcohol abuse, sexual assault, dating violence, bullying and cyber-bullying, gangs, preventing the possession of weapons by minors, and responding to the threat of weapons at school.

A.C.A.§ 6-17-711. Bullying prevention - Professional development.

(a) The Division of Elementary and Secondary Education shall require two (2) hours of professional development in the following areas for licensed public school personnel according to the professional development schedule under § 6-17-709:

(1) Bullying prevention; and

(2) Recognition of the relationship between incidents of bullying and the risk of suicide.

(b) The professional development under this section shall count toward the satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts and of licensure requirements for licensed personnel.

(c)(1) In addition to the professional development requirement under subsection (a) of this section, the division shall develop a guidance document for use by parents and legal guardians, students, and public school districts to assist in resolving complaints concerning student bullying behaviors.

(2) The guidance document required under subdivision (c)(1) of this section shall include without limitation:

(A) A public school district's obligations under § 6-18-514;

(B) Best practices for the prevention, reporting, and investigation of and the response to bullying in public schools; and

(3) The guidance document under subdivision (c)(1) of this section shall be provided to licensed public school personnel as part of the professional development required under subsection (a) of this section.

A.C.A.§ 6-18-514. Antibullying policies - Definitions.

(a) The General Assembly finds that every public school student in this state has the right to receive his or her public education in a public school educational environment that is reasonably free from substantial intimidation, harassment, or harm or threat of harm by another student.

(b) As used in this section:

(1) "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;

(2)(A) "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:

(i) Physical harm to a public school employee or student or damage to the public school employee's or student's property;

(ii) Substantial interference with a student's education or with a public school employee's role in education;

(iii) A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or

(iv) Substantial disruption of the orderly operation of the public school or educational environment. (B) "Bullying" includes cyberbullying as defined in this section;

(3) "Cyberbullying" means any form of communication by electronic act that is sent with the purpose to:

(A) 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

(B) Incite violence against a student, public school employee, or person with whom the other student or public school employee is associated;

(4) "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;

(5) "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; and

(6) "Substantial disruption" means without limitation that any one (1) or more of the following occur as a result of the bullying:

(A) Necessary cessation of instruction or educational activities;

(B) Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;

(D) Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

(d) 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:

(1) As soon as reasonably practicable:

(A) 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

(B) Prepare a written report of the alleged incident of bullying; (2)(A) Promptly investigate the credible report or complaint.

(B)(i) The investigation conducted under subdivision (d)(2)(A) of this section 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 as required under subdivision (d)(1)(B) of this section.

(ii) Following the completion of the investigation into the alleged incident of bullying conducted under subdivision (d)(2)(A) of this section, an individual licensed as a public school district building- level administrator or his or her designee may without limitation:

(a) Provide intervention services;
(b) Establish training programs to reduce bullying;
(c) Impose discipline on any of the parties involved in the incident of bullying;
(d) Recommend counseling for any of the parties involved in the incident of bullying; or (e) Take or recommend other appropriate action;

(3)(A) Notify the parent or legal guardian of the student who is determined to have been the perpetrator of the incident of bullying:

(i) Upon completion of the investigation under subdivision (d)(2)(A) of this section; and

(ii) Regarding the consequences of continued incidents of bullying.

(B) A parent or legal guardian of a student who is a party to an investigation of an incident of bullying conducted under subdivision (d)(2)(A) of this section 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:

(i) That a credible report or complaint of bullying exists;

(ii) Whether the credible report or complaint of bullying was found to be true based on the investigation;

(iii) Whether action was taken upon the conclusion of the investigation of the alleged incident of bullying; and

(iv) Information regarding the reporting of another incident of bullying;
(4)(A) Make a written record of the investigation and any action taken as a result of the investigation.

(B) 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

(5) Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

(e) 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.

(f)(1) Each public school district board of directors shall adopt policies to prevent bullying. (2) The policies shall:

(A)(i) Clearly define conduct that constitutes bullying.

(ii) The definition under subdivision (f)(2)(A)(i) of this section shall include without limitation the definition contained in subsection (b) of this section;

(B) Prohibit:

(i) 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; or

(ii)(a) Cyberbullying that results in the substantial disruption of the orderly operation of the school or educational environment.

(b) This section applies to cyberbullying 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;

(C) State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;

(D) 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 report the incident to the principal as soon as possible;

(E) Require that any person who files a credible report or makes a complaint of bullying not be subject to retaliation or reprisal in any form;

(F) 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;

(G)(i) 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.

(ii) Each policy shall require that a full copy of the policy be made available upon request;

(H) 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 as described in this section; and

(I) Include information on how to make an anonymous report to the school safety and crisis line under § 6-18-111.

(3) A notice of the public school district's policies shall appear in any:

(A) 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

(B) Student handbook.

(4) 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.

(g) 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 under this section.

(h) 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.

(i) 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.

(j) The public school district shall provide the Division of Elementary and Secondary Education with the website address at which a copy of the policies adopted in compliance with this section may be found.

(k) This section is not intended to:

(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 this section;

(2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or freedom of assembly;

(3) Affect the provisions of any collective bargaining agreement or individual contract of employment in effect on July 24, 2019; or

(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.

A.C.A.§ 6-18-111. School safety and crisis line.

(b) The school safety and crisis line under this section shall: (1) Provide a means for a student to anonymously report:

(B) Incidents of bullying, harassment, or hazing, including without limitation conduct described in § 6- 18-514.

A.C.A.§ 6-18-2004. Comprehensive student services.

(b)(2) Direct and indirect services may be provided in collaboration with other school personnel and include without limitation:

(F) Providing social and emotional skills designed to support students, including without limitation programs:

(iv) To prevent bullying that include without limitation:
(a) Training programs for school employees regarding how to recognize bullying behaviors; (b) Protocols for responding to bullying that is occurring in the school;
(c) Strategies that support a student who is being bullied; and
(d) Strategies that help a bystander speak out against bullying.

A.C.A.§ 6-5-201. Definition.

(a) As used in this subchapter, "hazing" means:

(1) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results;

(2) The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her;

(3) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or

(4) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.

(b) The term "hazing" as defined in this section:
(1) Does not include customary athletic events or similar contests or competitions; and

(2) Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

A.C.A.§ 6-5-202. Prohibitions.

(a) A student, alumnus, or volunteer or employee of a fraternal organization of a school, college, university, or other educational institution in Arkansas shall not knowingly engage in hazing or encourage, aid, or assist any other student, alumnus, or volunteer or employee of a fraternal organization in hazing.

(b)(1) A person shall not knowingly permit, encourage, aid, or assist another person in committing the offense of hazing, or knowingly acquiesce in the commission of the offense of hazing, or fail to report promptly his or her knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing in this state to an appropriate administrative official of the school, college, university, or other educational institution in Arkansas.

(2) An act of omission or commission is hazing under this subsection. (c) A violation of this section is a Class B misdemeanor.

(d) In addition to any penalty provided by this section, a student convicted of hazing shall be expelled from the school, college, university, or other educational institution that he or she is attending.

A.C.A.§ 6-5-204. Construction.

Nothing in this subchapter shall be construed as in any manner affecting or repealing any law of this state respecting any other criminal offense.

REGULATIONS

005.15.022-4.00. Definitions.

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. [...]
4.04 "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. [...]

4.06 "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. [...]

4.09 "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.

005.15.022-6.00. Anti-bullying.

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.

005.15.12-008. ADE 096: Rules governing public school student services.

3.00 Definition
3.01 "Student services program" means a coordinated effort, which shall include, without limitation:

3.01.5 Group conflict resolution services, which shall include, without limitation:

3.01.5.1 Educational and social programs that help students develop skills enabling them to resolve differences and conflicts between groups;

3.01.5.2 Programs designed to promote understanding, positive communication, and greater utilization of a race relations specialist or human relations specialist to assist in the development of intergroup skills; and

3.01.5.3 Programs designed to prevent bullying.

005.22.017-8.00. Professional development criteria.

8.02 Approved professional development activities shall relate to the following Focus Areas: 8.02.14 Student health and wellness, which may include but is not limited to:

8.02.14.1 Antibullying policies.

005.22.017-9.00. School and school district professional development plans.

9.01 Each school district and school shall develop and implement a professional development plan.

9.01.2 An educator may count toward the annual minimum professional development required under these rules each hour of training included in the professional development plan that is mandated by law or by rule, including without limitation in the following areas:

9.01.2.6 Anti-bullying policies under A.C.A. § 6-18-514.

Gang-related Activity

LAWS
A.C.A.§ 6-15-1005. Safe, equitable, and accountable public schools.

(b)(2)(A) Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities.

(B) These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.

A.C.A.§ 6-15-1303. Safe Schools Initiative Act.

(C) The training provided by the Arkansas Center for School Safety of the Criminal Justice Institute may include without limitation the training and education needed to assist a public school or private school in:

A.C.A.§ 6-18-2002. Definitions.

As used in this subchapter:

(2) "Direct services" means services that are provided through face-to-face contact with students, including without limitation:

(C) Responsive services on behalf of students whose immediate personal concerns and problems put the student's academic, career, or social and emotional development at risk, including the administration of a risk assessment; and

(D) Interventions for students who are: (i) At risk of dropping out of school; or

(ii) Exhibiting dangerous behaviors, such as drug use, self-harm, or gang activity.

Search and Seizure

LAWS
A.C.A.§ 6-21-608. Concealment of guns or drugs - Definitions.

(c)(1) Any school official employed in a supervisory capacity over students or other persons on school premises, upon receipt of information that guns, drugs, or other contraband are concealed in school- owned property, shall have the authority to investigate and search any school-owned property for any drugs, guns, or other contraband that may be concealed in the school-owned property, without the necessity of obtaining a search warrant from local authorities.

(2) In the event that contraband is discovered, it shall be seized and held by the supervisor of the school premises until appropriate action, as described in subsection (d) of this section, is taken.

REGULATIONS
005.15.022-5.00. Student discipline.

5.04.6 Include a provision for the seizure by school personnel of hand-held laser pointers in the possession of students.

Restraint and Seclusion

LAWS
A.C.A.§ 6-18-2401. Legislative findings.

The General Assembly finds that:

(1) It is the responsibility of each school district in Arkansas to ensure the safety of all students and school personnel;

(2) It is the responsibility of each school district in Arkansas to ensure that every student in Arkansas is safe and protected from being unnecessarily or inappropriately restrained;
(3) Safe, effective, evidence-based strategies should be the basis for protocols in public schools and educational settings to support every student who displays challenging behavior in a public school or educational setting;

(4) Providing school personnel with training that is focused on evidence-based positive behavioral support, de-escalation techniques, and physical restraint prevention can reduce the incidence of injury, trauma, and death;
(5) The effective implementation of school-wide positive behavioral support is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and the perception of a safer teaching environment by school personnel;

(6) Positive behavioral support involves school-wide approaches that result in:
(A) Positive classroom and school climates;
(B) Prosocial student and school personnel interactions;
(C) Teaching a student academic, social, emotional, behavioral engagement, and achievement skills; and

(D) Reinforcing the academic, social, emotional, behavioral engagement, and achievement skills of a

student;
(7) The use of effective positive behavioral support in public schools and educational settings can prevent an emergency situation that requires the use of physical restraint on a student; and

(8) Every effort should be made to:
(A) Prevent the need for secluding a student or using a physical restraint on a student;

(B) Ensure that behavioral intervention is consistent with the right of a student to be free from abuse and treated with dignity;
(C) Avoid the use of physical restraint on a student to the greatest extent possible without endangering the safety of other students and school personnel;

(D) Avoid the use of a physical restraint on a student except in a situation where the behavior of the student poses an imminent danger of serious physical harm to the student or others;
(E) Discontinue the use of a physical restraint on a student as soon as the imminent danger of serious physical harm to the student or others dissipates; and

(F) Refrain from using chemical restraint or mechanical restraint in a public school or educational setting.

A.C.A.§ 6-18-2402. Applicability-Relation to other laws.

a) This subchapter applies to any school-aged and enrolled student regardless of whether the student has an identified disability.
(b)(1) This subchapter does not supersede federal or state law.

(2) A school district shall follow all relevant federal and state law, including without limitation the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., and section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 et seq., when a student with a disability is restrained or secluded or whenever restraining or secluding a student with a disability is contemplated.

(c) Each school district shall:
(1) Adopt policies and procedures that are consistent with the provisions of this subchapter;

(2) Review the Department of Education Special Education and Related Services Guidelines, § 20.00 Time-Out Seclusion Room; and

(3) Provide its school personnel with the training, tools, and support needed to ensure the safety of all students and school personnel.

A.C.A.§ 6-18-2403. Definitions.

As used in this subchapter:
(4)(A) "Chemical restraint" means the use of a drug or medication to control the behavior of a student or restrict the free movement of the student.

(B) "Chemical restraint" does not include the use of medication that is:
(i) Prescribed by a licensed physician, or other qualified health professional acting within the scope of his or her professional authority under state law, for the standard treatment of a medical or psychiatric condition of a student; and
(ii) Administered as prescribed by the licensed physician or other qualified health professional acting within the scope of his or her professional authority under state law;

(17)(A) "Mechanical restraint" means the use of a device or equipment to restrict the free movement of a student.

(B) "Mechanical restraint" does not include a:

(i) Device that is used by trained school personnel or a student for a specific and approved therapeutic purpose or safety purpose for which the device was designed or prescribed; or

(ii) Vehicle safety restraint that is appropriately used in the manner for which it was designed during the

transport of a student in a moving vehicle;
(21)(A) "Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arm, leg, or head freely.

(B) "Physical restraint" does not include a physical escort;
(23) "Prone restraint" means restraining a student in a face- down position on the floor or another surface and applying physical pressure to the body of the student to keep the student in the prone position;
(24) "Punishment" means an action that:

(A) May follow an inappropriate behavior of a student;
(B) Is taken with the goal of decreasing, stopping, or eliminating the future reoccurrence of the inappropriate behavior of the student; and
(C) Is not taken with the goal of replacing the inappropriate behavior of the student with future appropriate behavior by the student;

(26) "Serious physical harm" means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(29) "Supine restraint" means the restraint of a student in a face-up position on his or her back on the floor or another surface and with physical pressure applied to the body of the student to keep the student in the supine position.

A.C.A.§ 6-18-2405. Physical restraint.

(a)(1) Physical restraint of a student shall be used only by a member of school personnel who is appropriately trained to administer physical restraint except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation.

(2) If an incident occurs in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, a school district shall:

(A) Reevaluate the training needs of school personnel in the school district;

(B) Reevaluate the physical restraint policy and practices of the school district; and

(A) By a person who is certified by a training program that meets the criteria specified in § 6-18-2209; and

(B) In-state guidelines and the policies and procedures of the school district concerning the physical

restraint of a student.
(b)(1) School personnel shall use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others.

(2) The ability of a student to communicate shall not be restricted unless the use of a less restrictive technique by school personnel will not prevent imminent danger of serious physical harm to the student or others.

(c) When using a crisis intervention procedure or technique, school personnel shall consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable.
(d) Supine restraint shall not be used unless:

(1) The school personnel administering the supine restraint has been trained by a person who is certified by a training program that meets the criteria specified in § 6-18-2209; and

(2) A person who is certified by a training program that meets the criteria specified in § 6-18-2209

determines that supine restraint is required to provide safety for the student and others.
(e) If physical restraint is used on a student, the student shall be continuously and visually observed and monitored while he or she is under physical restraint.
(f) When using physical restraint on a student, school personnel shall:

(1) Use the safest method available and appropriate to the situation;

(2) Use the amount of force that is reasonably necessary to protect a student or others from imminent danger of serious physical harm to the student or others; and

(3) Not verbally abuse, ridicule, humiliate, taunt, or engage in any other similar action towards the student. (g) Physical restraint of a student shall:

(1) Be used for a limited period of time; and (2) Not be used:

(A) When imminent danger or serious physical harm to the student or others dissipates or a medical condition occurs that puts the student at risk of harm;

(B) Unless the behavior of the student poses an imminent danger of serious physical harm to the student or others;

(C) After the threat of imminent danger of serious physical harm to the student or others dissipates; or (D) In the following manner:

(i) To punish or discipline the student;
(ii) To coerce the student;
(iii) To force the student to comply;
(iv) To retaliate against the student;
(v) To replace the use of an appropriate educational or behavioral support; (vi) As a routine safety measure;

(vii) As a planned behavioral intervention in response to behavior of the student that does not pose an imminent danger of serious physical harm to the student or others;

(viii) As a convenience for school personnel; or

(ix) To prevent property damage unless the act of damaging property committed by the student poses

an imminent danger or serious physical harm to the student and others. (h) School personnel shall not use the following on a student:

(1) Mechanical restraint; (2) Chemical restraint;

(3) Aversive behavioral interventions that compromise health and safety; (4) Physical restraint that is:

(A) Life-threatening; or

(B) Medically contraindicated unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; or

(5) Prone restraint or other restraint that restricts the breathing of a student.
(i)(1) The use of physical restraint on a student as a planned behavioral intervention shall not be included in a student's Individualized Education Program, 504 Plan, Behavior Intervention Plan, individual safety plan, or other individual planning document.

(2) However, if appropriate, physical restraint of a student may be considered as a crisis intervention for

the student.
(j) A Functional Behavior Assessment shall be conducted following the first incident of physical restraint used on a student unless a previous Functional Behavior Assessment was conducted for the same behavior that was at issue when the physical restraint was used.
(k) The use of a technique that is abusive shall be reported to the Child Abuse Hotline and law enforcement.

REGULATIONS

005.18.020-20.01. General.

20.01.1 The time-out seclusion room is an extension of such techniques as turning a chair away from a group or placing a student in a corner or in the hallway.

20.01.2 Time-out is only effective if the classroom environment from which the student is removed is more reinforcing than the isolation area in which he is placed.

005.18.020-20.02. Definition.

20.02.1 Time-out

As used in these regulations, time-out is defined as the removal of the opportunity to engage in reinforced behavior.

005.18.020-20.03. Restrictions on the use of a time-out seclusion room.

20.03.1 Time-out seclusion should be used only for behaviors that are destructive to property, aggressive toward others or severely disruptive to the class environment. General noncompliance, self-stimulation, academic refusal, etc., can be responded to with less stringent and restrictive techniques.

20.03.2 The time-out seclusion room should be used only as a last resort if and when less restrictive means of controlling behavior have proven ineffective.

20.03.3 The necessity of using physical force to place a student in a time-out seclusion room is inappropriate beyond that reasonably managed by the classroom teacher.

20.03.3.1 Involuntary time-out must not be used with such students and, in general, time-out is not an appropriate intervention for classroom use with any students older than 12 unless they have made a contractual agreement for its use.

20.03.3.2 It is important that teachers realistically evaluate their ability to physically remove a student to the time-out room.

20.03.3.3 If there is a reasonable doubt concerning the capability of the teacher to physically remove the resistant student, the teacher should not begin to attempt the time-out procedure. In such a case, an alternative strategy should be implemented.

20.03.4 Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring, visually and auditorily, of the student's behavior by an adult. (Refer to § 20.04.9 of this part for structural guidelines.)

005.18.020-20.04. Guidelines for appropriate use of a time-out seclusion room.

20.04.1 The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior.

20.04.2 The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in the student's IEP. Parent consent for the use of a time-out seclusion procedure should be documented.

20.04.3 Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate behaviors. This must also be included in the student's IEP.

20.04.4 Written procedures must be developed and followed for each student whose IEP includes the use of time-out.

20.04.5 The following guidelines should be adhered to for effective use of the timeout seclusion room.

20.04.5.1 Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior to implementing the time-out program. Explanations provided during use of time-out should be brief, but should adequately inform the student of his/her misbehavior, such as, "Because you ______, you must go to time-out for __ minutes." All other verbal interaction should be avoided.

20.04.5.2 To maximize opportunities to exercise self-control, students should be given the opportunity to take their own time-out after receiving instructions from the teacher. However, if students refuse to take their own time-out, or if they fail to respond to the teacher's instructions within a reasonable time interval (5 to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to § 20.03.3 of these regulations regarding physically removing the child to the time-out area.)

20.04.5.3 For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted to the time-out room.

20.04.6 Time Spent In Time-Out Seclusion Room

20.04.6.1 Length of time spent in the time-out seclusion room must be documented and kept within the specified time limits

A. Preschool -no more than 5 minutes for each exclusion.
B. Lower elementary -no more than 15 minutes for each exclusion.
C. Middle/upper elementary -no more than 20 minutes for each exclusion.

20.04.6.2 At the end of the prescribed time, the student should be offered the opportunity to rejoin the class. If the student chooses to stay in time-out, the door must be left open at this time. When a student consistently chooses to stay in the time-out seclusion room beyond the prescribed time limit, the use of this procedure must be reviewed. The time-out room may be providing more reinforcement than the environment from which the student was removed.

20.04.6.3 Should there be a need for a time-out period to extend past the prescribed time limits, the appropriateness of continuing the time-out procedure should be evaluated immediately by knowledgeable professionals (i.e., principal, counselor, special education staff).

20.04.6.4 Careful consideration must be taken in extending the prescribed length of the time-out seclusion. The effectiveness of the time-out procedure is the result of its consistent use, rather than the length of stay in the timeout seclusion room.

20.04.7 Records Must Be Kept Of Each Occasion When Time-Out Seclusion Is Used. The Records Should Include
20.04.7.1 The student's name;
20.04.7.2 The behavior for which time-out is being used, as specified in the IEP; and 20.04.7.3 The time of day the student was placed in and released from time-out.

20.04.8 When the use of time-out seclusion is included in a student's IEP, it is recommended that the use of time-out to address specific student behaviors be reviewed by a knowledgeable professional(s) twice monthly.

20.04.8.1 The use of the time-out seclusion procedure shall be altered or discontinued as a behavioral management technique if data do not support its effectiveness.

20.04.8.2 The continued and/or frequent need for this type of behavioral intervention could indicate that behavioral objectives, management techniques or other factors affecting the learning environment are not appropriately matched with the student's needs and behaviors.

20.04.9 If A Time-Out Room Is To Be Employed, The Time-Out Room Should 20.04.9.1 Be at least 4' X 4' and no larger than 6' X 6' in size;

20.04.9.2 Be properly lighted (preferably recessed lighting, with switches outside the room). Lighting should remain on at all times;

20.04.9.3 Be properly ventilated; 20.04.9.4 Be free of objects and fixtures;

20.04.9.5 Provide the means by which an adult can continuously monitor, visually and auditorily, the student's behavior;

20.04.9.6 The door should be such that it cannot be locked; and

20.04.9.7 Meet state and county fire and safety codes.

20.04.10 In addition, it is necessary that all personnel involved in designing and implementing behavioral management procedures, including the use of timeout seclusion, be adequately trained and supervised. It is imperative that these persons have attained levels of skill and competency so that their qualifications correspond to their responsibilities.

Dating/Relationship Violence

Dating and Relationship Violence

LAWS
A.C.A.§ 6-16-1004. Dating violence awareness.

(a) Annually, in either the month of October for a one-semester course taught in the fall or the month of February for a one-semester course taught in the spring, a unit on dating violence awareness shall be taught as a component of a health course offered in grades seven through twelve (7-12).

(b) A unit on dating violence awareness shall:
(1) Focus on healthy relationships, including the characteristics of healthy relationships; (2) Teach students the definition of dating violence and abuse, including without limitation:

(A) Warning signs of dating violence and abusive behavior; and

(B) Measures to stop or prevent dating violence and abusive behavior;
(3) Inform students about resources and reporting procedures for dating violence or abuse; and (4) Examine the common misconceptions and stereotypes about dating violence and abuse.

(c)(1) Materials used to teach a unit in dating violence awareness shall be age appropriate.

(2) Information provided shall be objective and based on scientific research that is peer-reviewed and accepted by professionals and credentialed experts in the field of health education.

(d) The Division of Elementary and Secondary Education shall annually provide a list of source materials available for school districts to use to teach a unit on dating violence awareness, including without limitation materials from:

(1) The Arkansas Coalition Against Domestic Violence; (2) The Centers for Disease Control and Prevention; (3) The National Domestic Violence Hotline;
(4) The National Institutes of Health; and

(5) Other sources of scientifically based research that are peer-reviewed.

Appropriate Grounds for Suspension/Expulsion

Grounds for Suspension or Expulsion

LAWS
A.C.A.§ 6-5-202. Prohibitions.

A.C.A.§ 6-18-502. Rules for development of school district student discipline policies.

(1)(A) 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.

A.C.A.§ 6-18-507. Suspension - Expulsion - Definitions.

(b)(1) The board of directors of a school district may suspend or expel any student from school for violation of the school district's written discipline policies, except that a school district shall not use out-of- school suspension as a discipline measure for truancy.

A.C.A.§ 6-21-608. Concealment of guns or drugs - Definitions.

(b) It shall be unlawful for any student or any other person using school-owned property to conceal any gun, drug, or any other contraband in any desk, locker, or other school-owned property in this state. [...]

(e)(1)(A) If a school official discovers a gun or other firearm in any school-owned property assigned to the use of an identifiable student, that student shall be expelled for one (1) year.

(B) Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis.

(2) In the event that prosecution by local authorities is pursued, the gun or other firearm shall be released to the local prosecuting authorities to be used as evidence in court and shall be legally admissible in any court in this state.

REGULATIONS

005.15.022-5.00. Student discipline.

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 caseby- case basis. [...]

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.

Truancy

Chronic Absenteeism and Truancy

LAWS
A.C.A.§ 6-11-209. Additional truancy officers - Definition.

(b) An education service cooperative may receive funding from a local law enforcement agency, a state agency, or a federal agency, or from private donations, to employ one (1) or more truancy officers for a school district with a high dropout rate.

(1) One (1) truancy officer for each school district with a high dropout rate in its service area that has a student population of one thousand (1,000) or fewer students; and

(2) Two (2) truancy officers for each school district with a high dropout rate in its service area that: (A) Is a countywide school district; or
(B) Has a student population of more than one thousand (1,000) students.

(d) A truancy officer hired under this section shall complete:

(1) The training requirements for juvenile intake and probation officer certification through the Administrative Office of the Courts; and

(2) Twelve (12) hours of continuing education annually as approved by the judge for the juvenile division of the circuit court for the county the truancy officer serves.

A.C.A.§ 6-18-209. Adoption of student attendance policies - Effect of unexcused absences.

(a) The board of directors of each school district in this state shall adopt student attendance policies.

(b) Each school district, as a part of its six-year educational plan, shall develop strategies for promoting maximum student attendance, including, but not limited to, the use of alternative classrooms and in- school suspensions in lieu of suspension from school.

(c) A student attendance policy may include unexcused absences as a mandatory basis for denial of promotion or graduation.

A.C.A.§ 6-18-221. Cooperation of law enforcement agencies.

(b) Upon the request of the board of directors of the school district, the law enforcement agency shall stipulate, with the administration of the school district, specific days and hours when law enforcement officers will attempt to locate school-age students in the community who are off school premises during school hours without valid documentation excusing their absence.

(c) Any certified law enforcement officer may stop and detain any unsupervised school-age student located off school premises during school hours and request the production of documentation excusing the student's absence from school.

(d) Upon the student's failure to produce sufficient documentation, the law enforcement officer may take the student into custody and return the student to his or her school, transport the student to his or her parent, or transport the student to the truancy reception center, which shall not be a jail, juvenile detention center, or police department, and which has been designated by the school district.

(e)(1) Any school district adopting this program shall include in its attendance policy a notice to parents and students that it has entered into a cooperative agreement with law enforcement officials to implement an Operation Stay in School Program, and unsupervised students found off school premises during school hours shall be subject to questioning by a law enforcement officer under the program.

(2) Any school district adopting this program shall include provisions for furnishing valid documentation for a student in work-study programs or other authorized absences from school premises in order to assist law enforcement officers in determining the validity of documentation excusing the student's absence from school during school hours.

A.C.A.§ 6-18-222. Penalty for unexcused absences - Revocation of driving privilege - Definition.

(a)(1)(A)(i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209, which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation.

(ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student.

(B) The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses.

(2)(A) The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program.

(B) The policy shall require a minimum attendance of ten (10) hours per week to remain in the program.

(3) A copy of the school district's student attendance policy or the Career Education and Workforce Development Board's student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult education program at the beginning of the school year or upon enrollment, whichever event first occurs.

(4)(A)(i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1⁄2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy.

(ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day.

(iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board.

(B) If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences.

(C)(i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official.

(ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences.

(D)(i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences.

(ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement.

(iii) The agreement shall be signed by the:
(a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and
(c) Student.

(5)(A) When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court.

(B) The penalty shall be forwarded by the court to the school or the adult education program attended by the student.

(6)(A)(i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323.

(ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section.

(B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section.

A.C.A.§ 6-18-226. Community truancy boards - Members - Duties.

(a) The local school district boards of directors may create a community truancy board or may use other boards that exist or are created such as diversion boards. However, a diversion or other existing board must agree before it is used as a community truancy board.

(b) Members of the community truancy board shall be selected from representatives of the community.

(c) Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program.

A.C.A.§ 6-18-507. Suspension - Expulsion - Definitions.

REGULATIONS
005.15.022-5.00. Student discipline.

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.

005.19.007-Appendix. Rules governing standards for accreditation of Arkansas public schools and school districts.

Standard 2-B Attendance and Enrollment

2-B.1 Each public school district board of directors shall adopt a student attendance policy and include the attendance policy in the student handbook.

Dangerous Weapons

Firearms and Other Weapons Violations

LAWS
A.C.A.§ 6-15-1005. Safe, equitable, and accountable public schools.

(b)(2)(A) Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities.

(B) These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.

A.C.A.§ 6-15-1303. Safe Schools Initiative Act.

A.C.A.§ 6-17-113. Duty to report and investigate student criminal acts - Definitions.

(a) As used in this section:

(1) "Act of violence" means any violation of Arkansas law where a person purposely or knowingly causes or threatens to cause death or serious physical injury to another person;

(2) "Deadly weapon" means:

(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or

(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; and

(3) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable, and components that can readily be assembled into such a device.

(b)(1) Whenever the principal or other person in charge of a public school has personal knowledge or has received information leading to a reasonable belief that any person has committed or has threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision, the principal or the person in charge shall immediately report the incident or threat to the superintendent of the school district and the appropriate local law enforcement agency.

A.C.A.§ 6-18-502. Rules for development of school district student discipline policies.

(b) Such rules shall include without limitation the following requirements:
(3) Student discipline policies shall include without limitation the following offenses:

(B) 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. [...]

(2)(A) 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.

(B) Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis.

A.C.A.§ 6-18-507. Suspension - Expulsion - Definitions.

(e)(2)(A) All school districts shall adopt a written policy regarding expulsion of a student for possessing a firearm or other prohibited weapon on school property that shall require parents, guardians, or other persons in loco parentis of a student expelled under this subsection 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. [...]

(3)(A) The school administrators and the local school district board of directors 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.

(B) 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.

(D) Nothing in this subdivision (e)(3) shall be construed to limit a superintendent's discretion to modify the expulsion requirement for a student on a case-by-case basis as set out in this subsection.

(4) 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.

A.C.A.§ 6-21-608. Concealment of guns or drugs - Definitions.

(e)(1)(A) If a school official discovers a gun or other firearm in any school-owned property assigned to the use of an identifiable student, that student shall be expelled for one (1) year.

(B) Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis.

REGULATIONS

005.15.022-5.00. Student discipline.

5.03 Student discipline policies shall include, without limitation, the following offenses:

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. [...]

5.04 Student discipline policies shall:

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. [...]

5.19 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.

005.23.001-3.00. Definitions.

For the purposes of these rules and regulations:

3.08 'Deadly weapon' means a firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious physical injury, or adapted for the purpose of inflicting death or serious physical injury; or

3.08.1 Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; and

3.08.2 'Firearm' means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable, and components that can readily be assembled into such a device.

005.23.001-4.00. School reporting responsibility.

4.01 The principal or designee who has personal knowledge or who has received information leading to a reasonable belief that any person has committed or threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision/authority shall immediately report the incident to the superintendent or designee.

4.02 The principal or designee who has personal knowledge or who has received information leading to a reasonable belief that any person has committed or has threatened to commit an act of violence or any crime involving a deadly weapon shall report the incident to the superintendent or designee and the appropriate local law enforcement agency.

4.03 Behavior is considered to be a threat if a reasonable person would believe the actor could and would carry out the threatened behavior and if a reasonable person would be placed in fear of his life or safety.

4.04 The phrase "any crime involving a deadly weapon" requires the commission of a crime using a deadly weapon as previously defined. With the exception of firearms or items which are in and of themselves illegal, mere possession, without more, is not sufficient to trigger reporting requirements.

4.05 The superintendent, or his designee, shall notify the local school board of any report made to law enforcement under this section.

Substance Use

LAWS
A.C.A.§ 6-15-1005. Safe, equitable, and accountable public schools.

(b)(2)(A) Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities.

(B) These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.

A.C.A.§ 6-18-111. School safety and crisis line.

(b) The school safety and crisis line under this section shall: (1) Provide a means for a student to anonymously report:

(F) Issues involving drug abuse or alcohol abuse, or both, regarding the student or another individual whom the student knows.

A.C.A.§ 6-18-502. Rules for development of school district student discipline policies.

(3) Student discipline policies shall include without limitation the following offenses:

(C) Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property.

A.C.A.§ 6-21-608. Concealment of guns or drugs - Definitions.

(d)(1) Whenever a school official discovers any illegal drugs or other contraband in any school-owned property assigned to the use of an identifiable student or any other identifiable person, appropriate action for discipline, expulsion, discharge, or prosecution shall be within the discretion of the supervisor of the premises.

A.C.A.§ 6-21-609. Prohibition against smoking, the use of tobacco or tobacco products, or the use of e-cigarettes - Definition.

(a) As used in this section, "e-cigarette" means an electronic oral device that provides a vapor of nicotine or another substance that, when used or inhaled simulates smoking, including without limitation a device that:

(1) Is composed of a heating element, battery, or electronic circuit, or a combination of heating element, battery, and electronic circuit;

(2) Works in combination with a liquid nicotine delivery device composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes; and

(3) Is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other name or descriptor.

(b) Smoking tobacco, the use of tobacco or tobacco products, or the use of e-cigarettes is prohibited:

(1) In or on real property owned or leased by a public school district, including a public charter school; or

(2) In or on personal property, including without limitation school buses, owned or leased by a public school district, including a public charter school.

(c) A copy of this statute shall be posted in a conspicuous location at every entrance to each building owned or leased by a public school district and every school bus used to transport public school students.

(d) A person who violates this section commits a violation punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

A.C.A.§ 19-12-113. Establishment and administration of prevention and cessation programs.

(c) The Tobacco Prevention and Cessation Program shall be comprised of components approved by the State Board of Health. The program components selected by the board shall include:

(2) local school programs for education and prevention in grades kindergarten through twelve (K-12) that should include school nurses, where appropriate.

REGULATIONS

005.15.022-5.00. Student discipline.

5.03 Student discipline policies shall include, without limitation, the following offenses:

5.03.3 Using, offering for sale, or selling, beer, alcoholic beverages, or other illicit drugs, by students on school property.

Police Use

Referrals to Law Enforcement

LAWS
A.C.A.§ 6-17-113. Duty to report and investigate student criminal acts - Definitions.

(2) The report shall be by telephone or in person immediately after the incident or threat and shall be followed by a written report within three (3) business days.

(3) The principal shall notify any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency.

(4) The superintendent or his or her designee shall notify the local school district board of directors of any report made to law enforcement under this section.

A.C.A.§ 6-18-110. Reports by mandated reporters - Failure to notify by mandated reporter - Making a false report.

(a) Each of the following persons shall notify law enforcement if he or she has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the person in the course of his or her professional duties:

(1) A childcare worker or foster care worker;

(2) A coroner;
(3) A daycare center worker;
(4) A dentist;

(5) A dental hygienist;

(6) A domestic abuse advocate;

(7) A domestic violence shelter employee;

(8) A domestic violence shelter volunteer;

(9) An employee of the Department of Human Services;

(10) An employee working under contract for the Division of Youth Services;

(11) A foster parent;

(12) A judge;

(13) A law enforcement official;

(14) A licensed nurse;

(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of a person;

(16) A mental health professional or paraprofessional;

(17) An osteopath;

(18) A peace officer;
(19) A physician;
(20) A prosecuting attorney;
(21) A resident intern;
(22) A public or private school counselor;
(23) A school official;
(24) A social worker;
(25) A surgeon;
(26) A teacher;
(27) A court-appointed special advocate program staff member or volunteer; (28) A juvenile intake or probation officer;

(29) A clergy member, including a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or a person reasonably believed to be so by the individual consulting him or her unless the clergy member acquires knowledge of the serious and imminent threat of violence in or targeted at a school through a communication that is required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith;

(30) An employee of a child advocacy center or a child safety center;
(31) An attorney ad litem in the course of his or her duties as an attorney ad litem;

(32)(A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.

(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(33) A rape crisis advocate or rape crisis volunteer;

(34)(A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.

(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(35) A victim or witness coordinator;

(36) A victim assistance professional or victim assistance volunteer;

(37) An employee of the Crimes Against Children Division;

(38) An employee of a reproductive healthcare facility;

(39) A volunteer at a reproductive healthcare facility; and

(40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital.

(b) A person listed as a mandated reporter under subsection (a) of this section shall:

(1) Make every attempt to immediately notify law enforcement of the serious and imminent threat to the public; and

(2) Notify law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.

(c)(1) A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the first degree if he or she knowingly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.

(2) Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor.

(d)(1) A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the second degree if he or she recklessly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.

(2) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.

(e)(1) A person commits the offense of making a false report under this section if he or she purposely makes a report containing a false allegation to law enforcement knowing the allegation to be false.

(2) The first offense of making a false report under subdivision (e)(1) of this section is a Class A misdemeanor.

(3) A subsequent offense of making a false report under subdivision (e)(1) of this section is a Class D felony.

(f) Law enforcement may file a petition in the appropriate court seeking imposition of penalties for a violation of this section.

(g) A person who notifies law enforcement, in good faith, of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties is immune from civil or criminal liability.

A.C.A.§ 6-18-111. School safety and crisis line.

(c)(1) Personnel operating the school safety and crisis line shall, when necessary or as required by law, promptly forward a report received under subsection (b) of this section to appropriate:

(A) School officials; or

(B) Law enforcement agencies.

(2) An individual who acts in good faith under this section while operating the school safety and crisis line shall not be liable for civil damages for an act or omission taken in good faith while operating the school safety and crisis line so long as the act or omission does not constitute gross negligence or willful misconduct.

A.C.A.§ 6-18-221. Cooperation of law enforcement agencies.

A.C.A.§ 6-18-513. Parental notification.

(a) A school or school district shall comply with subsection (b) of this section if the school or school district with respect to a student under the age of eighteen (18):

(1) Makes a report to any law enforcement agency concerning student misconduct;

(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

(3) Knows that a student has been taken into custody by law enforcement personnel during the school day or while under school supervision.

A.C.A.§ 16-81-118. Citation and arrest by a school resource officer - Definition.

(a) As used in this section, "school resource officer" means a school resource officer as described under § 6-10-128.

(b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource officer is outside of his or her jurisdiction if:

(1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located;

(2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and

(3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event.

(c) The school resource officer shall use a citation book that substantially complies with the citation requirements under § 16-10-205.

(c)(1) A school district board of directors that accepts a school resource officer shall enter into a memorandum of understanding with the local law enforcement agency with jurisdiction, or adopt policies and procedures if the school district has an institutional law enforcement officer as described by § 6-13-1701 et seq., that governs the school resource officer and includes without limitation:

(A) The financial responsibilities of each party;

(B) The chain of command;

(D) The process for the evaluation of school resource officers;

(E) The training requirements for school resource officers; and

(F) The roles and responsibilities of school resource officers, which shall include without limitation:

(i) Clarification of the school resource officer's involvement in student discipline; (ii) The use of physical restraints or chemical sprays;
(iii) The use of firearms; and
(iv) Making arrests on the public school campus.

(2) The memorandum of understanding required under subdivision (c)(1) of this section shall be based on a model memorandum created by the Division of Elementary and Secondary Education and the Arkansas Center for School Safety, which shall include without limitation the requirements listed in subdivision (c)(1) of this section.

(3) The Division of Elementary and Secondary Education shall promulgate rules specifying how the adoption of a memorandum of understanding or policies and procedures shall be verified.

(d)(1) Sworn, nonsupervisory law enforcement personnel, including without limitation school resource officers, who are assigned to a public school campus during the instructional day or employed by a public school district shall:

(A) Within eighteen (18) months of being assigned or employed by the public school district:

(i)(a) Complete a forty-hour basic school resource officer training program developed and provided, or approved, by the Arkansas Center for School Safety.

(b) The training required under subdivision (d)(1)(A)(i)(a) of this section shall include without limitation:

(1) The roles and responsibilities of school resource officers in public schools; (2) Laws that are specific to public schools and students in public schools; and (3) Adolescent behavior and development; and

(ii)(a) Obtain certification in Youth Mental Health First Aid.

(b) Youth Mental Health First Aid certification shall be maintained and renewed every four (4) years if the school resource officer remains assigned to or employed by a public school district;

(B)(i) Within five (5) years after receiving the initial basic school resource officer training program, complete a sixteen-hour school resource officer refresher training developed and provided, or approved, by the Arkansas Center for School Safety.

(ii) The school resource officer refresher training required under subdivision (d)(1)(B)(i) of this section shall be completed every five (5) years; and

(C)(i) Annually complete twelve (12) hours of public school-specific continuing education developed and provided, or approved, by the Arkansas Center for School Safety.

(ii) The Youth Mental Health First Aid training required under subdivision (d)(1)(A)(ii) of this section and the school resource officer refresher training required under subdivision (d)(1)(B) of this section shall count towards the twelve (12) hours of public school- specific continuing education required under subdivision (d)(1)(C)(i) of this section in the years during which the Youth Mental Health First Aid and school resource officer refresher trainings are completed.

(2) A school resource officer who is assigned by a public school for only extracurricular activities is exempt from the training requirements under subdivision (d)(1) of this section.

(e)(1) A public school district superintendent and public school principal who accept a school resource officer or employ an institutional officer as defined by § 6-13-1701 shall complete a one- hour school resource officer roles and responsibilities training developed and provided, or approved, by the Arkansas Center for School Safety within nine (9) months of accepting or employing the school resource officer.

(2) Public school district personnel directly responsible for supervising a school resource officer shall complete a one-hour school resource officer roles and responsibilities training developed and provided, or approved, by the Arkansas Center for School Safety within one (1) year of accepting or employing the school resource officer and every two (2) years thereafter.

(3) Training received by a licensed educator under subdivisions (e)(1) and (2) of this section may count towards the professional development required for renewal of an educator's license by the Division of Elementary and Secondary Education Rules Governing Professional Development.

(f)(1) The Arkansas Center for School Safety shall monitor compliance with the continuing education and training requirements under this section.

(2) A school resource officer who fails to complete any training required under this section shall be unable to serve as a school resource officer until the training required under this section is complete.

(3) A school resource officer shall not be assigned to a public school district or a public school in which the public school district superintendent or public school principal have not completed the training required under this section.

(d)(1) A citation issued under this section is not valid unless the school resource officer provides at a minimum:

(A) The address and phone number of the district court having jurisdiction;
(B) The date and time when the recipient of the citation is to appear in the district court; (C) A cite to the specific state law that was alleged to have been violated;
(D) The printed name and date of birth of the person receiving the citation; and
(E)(i) An opportunity for the person receiving the citation to sign the citation.

(ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.

(2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation.

(3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation.

REGULATIONS
005.15.022-5.00. Student discipline.

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.

005.23.001-4.00. School reporting responsibility.

4.05 The superintendent, or his designee, shall notify the local school board of any report made to law enforcement under this section.

005.23.001-5.00. Guidelines for school reporting.

5.01 If a principal or designee has reason to believe that an incident has occurred that satisfies the provisions of these rules and regulations, the incident or threat must be reported to the superintendent and the appropriate local law enforcement agency.

5.02 The report shall be by telephone or in person immediately after the incident or threat and shall be followed by a written report within three (3) business days.

5.03 The principal shall notify any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency.

5.04 Because a purposeful or knowing mental state is required of the person committing an act of violence, various factors should be considered. These should include but not be limited to:

5.04.1 The age of the person.
5.04.2 Developmental level of the person. 5.04.3 Past disciplinary problems, if any.

5.05 Possible defenses to criminal acts, such as self-defense or justification, may be considered when determining whether or not an offense must be reported.

5.06 In cases involving several persons, where appropriate and possible, assessing differing degrees of involvement is permissible with only the primary participants being reported.

5.07 Upon receipt of the report from the prosecuting attorney, the principal shall notify any school employee or any other person who initially reported the incident that a report has been received from the prosecuting attorney.

005.23.001-6.00. Law enforcement responsibility.

6.01 Upon receipt, the law enforcement officer shall immediately report the incident to the office of the prosecuting attorney and shall immediately initiate an investigation into the incident.

6.01.1 The investigation shall be conducted with all reasonable haste and, upon completion, shall be referred to the prosecuting attorney.

6.01.2 The prosecuting attorney shall implement the appropriate course of action and within thirty (30) calendar days after receipt of the file, the prosecuting attorney shall provide a written report to the principal.

6.01.2.1 The report shall state whether the investigation into the reported incident is on going

6.01.2.2 Whether any charges have been filed, in either circuit or juvenile court as a result of the reported incident; and

6.01.2.3 The disposition of the case.

No regulations; under Federal Law:

n/a

Source:

https://safesupportivelearning.ed.gov/sites/default/files/discipline-compendium/Arkansas%20School%20Discipline%20Laws%20and%20Regulations.pdf

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