(b)

1. (1) Parents, students, and school district personnel, including teachers, shall be involved in the development of school district student discipline policies.
2. (2) School districts and open-enrollment public charter schools should attempt to ensure that those involved with the development of school district and open-enrollment public charter school student discipline policies come from diverse racial, gender, and socioeconomic backgrounds and that the group consist of a sufficient number of individuals to provide broad representation within the district or open-enrollment public charter school.

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

1. (1) Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
2. (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;
3. (3) Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property; and
4. (4) Willfully or intentionally damaging, destroying, or stealing school property by students.

(d) Student discipline policies shall:

1. (1) Prescribe minimum and maximum penalties, including without limitation students’ suspension or expulsion from school for violations of any of the offenses listed in subsection (c) of this section and for violations of other practices prohibited by school discipline policies, however, the superintendent shall have discretion to modify the prescribed penalties for a student on a case-by-case basis;

2. (2)

   1. (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, provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis.
   2. (B) 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.
   3. (C) 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.
   4. (D) School administrators, the local school district board, open-enrollment public charter schools, and open-enrollment public charter school’s management organization 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;
3. (3) Establish procedures for notice to students and parents of charges, hearings, and other due process proceedings to be applicable in the enforcement and administration of such policies by the school administrator and by the school board of directors;
4. (4) Include prevention, intervention, and conflict resolution provisions;
5. (5) Set forth the role and authority of public school employees and volunteers;
6. (6) Include a provision for the seizure by school personnel of hand-held laser pointers in the possession of students;
7. (7) Establish procedures for responding to reports received through the school safety and crisis line under Arkansas Code § 6-18-111;

8. (8)

   1. (A) Include a provision prohibiting students from wearing while on the grounds of a public school during the regular school day and school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female, and the disciplinary action or actions that will be taken against a student for violation.
   2. (B) This policy shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event and shall not be enforced in a manner that discriminates against a student on the basis of his or her:

(i) Race;

1. (ii) Color;

   1. (iii) Religion;

      1. (iv) Sex;
      2. (v) Disability; or
      3. (vi) National origin;
2. (9) Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion;

3. (10)

   1. (A) Include provisions for placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district or open-enrollment public charter school.
   2. (B) Behavioral problems include being at risk of not satisfactorily completing a high school education; and

4. (11)

   1. (A) Provide that parents and students will be advised of the rules and regulations by which the school is governed and will be made aware of the behavior that will call for disciplinary action and the types of corrective actions that may be imposed.
   2. (B) Each school district or open-enrollment public charter school shall develop a procedure for written notification to all parents and students of the district or open-enrollment public charter school’s student discipline policies and for documentation of the receipt of the policies by all parents and students.

(e)

1. (1) A school district or open-enrollment public charter school shall establish a policy and exemptions concerning the possession and use by a student of a personal electronic device during the school day:

   1. (A) On school property; and
   2. (B) At a school-related function.

2. (2)

   1. (A) Each public school district or open-enrollment public charter school shall submit its policy and exemptions concerning the possession and use by a student of a personal electronic device required under this section to the division for review to determine if the policy complies with Arkansas Code § 6-18-515.
   2. (B) Policy shall be submitted by August 1, 2025, and resubmitted upon modification.
   3. (C) Each public school district or open-enrollment public charter school shall not implement changes to an approved policy until they have resubmitted the new proposed policy to the division and received approval.

(f) The policy shall, without limitation:

1. (1) Restrict the possession of a personal electronic device during the school day;
2. (2) Exempt the possession or use of a personal electronic device by a student who is required to use such a device for health reasons;
3. (3) Exempt the possession or use of a personal electronic device after a school day for extracurricular activities;
4. (4) Exempt the possession or use of a personal electronic device during an emergency; and
5. (5) Exempt the possession or use of a personal electronic device during the school day if the personal electronic device is issued to a student by a public school district or an open-enrollment public charter school for use during the school day.

(h) A policy adopted and implemented under this section shall not prohibit a student from using a personal electronic device during the school day if the use of the personal electronic device is:

1. (1) Included in the student’s:

   1. (A) Individualized education program developed under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2025; or
   2. (B) Plan development under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as it existed on January 1, 2025; or

2. (2) Required for a student who is enrolled in an endorsed concurrent enrollment course at an institution of higher education in order to utilize two-factor authentication to access course work and resources for the endorsed concurrent enrollment course.

   1. (i) Each public school district or open-enrollment public charter school shall publish on its website its personal electronic device policy required under this section before the first day of the school year each year.

(k) A public school district or an open-enrollment public charter school shall not be liable for a personal electronic device that is confiscated under the public school district’s or open-enrollment public charter school’s personal electronic device policy required under this section if the personal electronic device is lost, stolen, or damaged. (l)(1) Nothing in any student discipline policies promulgated under state law and this part shall limit or restrict the bringing of criminal charges against any person for violating the criminal laws of this state.

1. (2) 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, school district, or open-enrollment public charter school, with respect to a student under the age of eighteen (18):

   1. (A) Makes a report to any law enforcement agency concerning student misconduct;
   2. (B) 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. (C) Knows that a student has been taken into custody by law enforcement personnel during the school day or while under school supervision.
2. (3) The school principal or the principal's designee shall notify the student's parent, legal guardian, or other person having lawful control of the student under an order of court or person acting in loco parentis that the student has been reported to, interviewed by, or taken into custody by law enforcement personnel.
3. (4) If the principal or the principal's designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call either the principal or the principal's designee and leave both a day and an after-hours telephone number.

4. (5) The notification required by subdivisions (l)(2) and (3) of this section is not required if school personnel make a report or file a complaint based on suspected child maltreatment as required under Arkansas Code § 12-18-401 et seq., or if a law enforcement officer, investigator of the Crimes Against Children Division of the Division of Arkansas State Police or Department of Human Services investigator or personnel member interviews a student during the course of an investigation of suspected child maltreatment.

   1. (m)
5. (1) The principal or the principal's designee shall not provide notification under subdivision (l)(2) or (l)(3) of this section if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in loco parentis is named as an alleged offender.
6. (2) The investigator shall provide the school with documentation that notification to the parent, guardian, custodian, or person standing in loco parentis is prohibited.

7. (3) The request to interview under this subsection must be made by:

   1. (A) A law enforcement officer;
   2. (B) An investigator of the Crimes Against Children Division of the Division of Arkansas State Police; or
   3. (C) An investigator or employee of the Department of Human Services.

(n)

1. (1) The student discipline policies and state and district or open-enrollment public charter school discipline data shall be reviewed annually by the school district’s or open-enrollment public charter school committee on personnel policies.
2. (2) The committee may recommend changes in the policies to the board of directors of the local school district or open-enrollment public charter school based on the committee’s review.

(p)

1. (1) The Division of Elementary and Secondary Education shall monitor compliance with the requirements of this part and of Arkansas Code §§ 6-18-502 and 6-18-503.
2. (2) Any school district or open-enrollment public charter school failing to file with the Division of Elementary and Secondary Education disciplinary policies that meet the requirements of law and this part shall have all state aid funds withheld until such disciplinary policies are filed with the Division of Elementary and Secondary Education as required by this part.

(q) Teachers and administrators, classified school employees, and volunteers shall be provided with:

1. (1) Appropriate student discipline;
2. (2) Behavioral intervention; and
3. (3) Classroom management training and support.

(r)

1. (1) Consistent with state and federal law, in order to maintain effective discipline in the classroom, a teacher may remove from class and send to the principal's or principal's designee's office, a student:

   1. (A) Who has been documented by the teacher as repeatedly interfering with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn; or
   2. (B) Whose behavior the teacher determines is so unruly, disruptive, violent, or abusive that it seriously interferes with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn.

2. (2) Except as provided under subsection (s) of this section, if a teacher removes a student from class in accordance with subdivision (r)(1) of this section, the principal or his or her designee may:

   1. (A) Place the student into in-school suspension or into an alternative learning environment, so long as such placement is consistent with the public school district or open-enrollment public charter school written policies and state and federal law and rules;
   2. (B) Return the student to the class; or
   3. (C) Take other appropriate action consistent with the public school district or open-enrollment public charter school’s discipline policy, state law, and federal law.

3. (3)

   1. (A) Each time a teacher removes a student from class in accordance with subdivision (r)(1) of this section the principal or the principal's designee shall not return the student to the teacher's class until a conference is held for the purpose of determining the causes of the problem and possible solutions, with the following individuals present:

      1. (i) The principal or the principal's designee;
      2. (ii) The teacher;
      3. (iii) The school counselor;
      4. (iv) The parents, guardians, or persons standing in loco parentis; and
      5. (v) The student, if appropriate.
   2. (B) However, a teacher is not required to remove a student from class each time the student is unruly or disruptive during the teacher’s class.
4. (4) The failure of the parents, guardians, or persons in loco parentis to attend the conference shall not prevent the conference from being held or prevent any action from being taken as a result of that conference, provided that the parents, guardians, or persons in loco parentis have been offered the opportunity to participate.
5. (5) If a student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as it existed on January 1, 2025, or Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, as it existed on January 1, 2025, is removed under this subsection (3), then the conference required under subdivision (3)(1) of this section shall serve as a manifestation determination review as required under subsection (t) of this section.
6. (6) If it is determined during a conference held under this subsection (3) that the student was removed from the teacher’s class because of violent behavior, the individuals conducting the conference shall determine if a behavioral threat assessment is necessary for the student.

(s) Except as provided in subsection (t) of this section, a student who is removed from the class under subsection (r) of this section due to violent or abusive behavior against a teacher or another student shall:

1. (1)

   1. (A) Be placed in an appropriate interim learning environment for the duration of the review and conference as required by subsection (r)(3)(A) of this section.
   2. (B) While the student is in an appropriate interim learning environment as required by subdivision (s)(1)(A) of this section, the student shall be subject to the relevant written student discipline policies prescribed by his or her public school district or open-enrollment public charter school; and
2. (2) Not be placed in a class with the teacher or student against whom the violent or abusive behavior was directed if it is determined that the student may leave the appropriate interim learning environment and return to the placement from which he or she was removed.

(t)

1. (1)

   1. (A) If the violent or abusive behavior for which a student is removed from class under this section is determined to be a manifestation of the student’s disability following a manifestation determination review of the student's violent or abusive behavior under subdivision (t)(2) of this section, then the student shall be temporarily placed in an appropriate interim learning environment within the public school district or open-enrollment public charter school for no more than ten (10) days while the members of the manifestation determination review team determine the appropriate course of action under this subsection (t).
   2. (B) While the student is in an appropriate interim learning environment as required by subdivision (t)(1)(A) of this section, the student shall be subject to the relevant written student discipline policies prescribed by his or her public school district or open-enrollment public charter school.
2. (2) If the public school district, open-enrollment public charter school, teacher against whom the violent or abusive behavior was directed, parents, legal guardians, or persons standing in loco parentis to the student, and relevant members of the student’s individualized education program under Arkansas Code § 6-41-217 determine that the student requires a change of placement, then the public school district, open-enrollment public charter school, teacher against whom the violent or abusive behavior was directed, parents, legal guardians, or persons standing in loco parentis to the student, and relevant members of the student’s individualized education program shall conduct a manifestation determination review, which shall include all relevant information in the student’s file, including the student’s individualized education program under Arkansas Code § 6-41-217, teacher observations, and other relevant information provided by the parent or legal guardian of the student.

(u) If a student is removed from a classroom under this section due to violent or abusive behavior three (3) or more times during one (1) school year, the student shall be:

1. (1) Placed in an appropriate interim learning environment for the remainder of the school year; or

2. (2) Disciplined according to the requirements of the written student discipline policy of the public school district or open-enrollment public charter school in which the student is enrolled.

   1. (v) If a school employee believes that any action taken by the school district or open-enrollment public charter school to discipline a student referred by that employee does not follow student discipline policies, the school employee may appeal under the district or open-enrollment public charter school’s grievance procedure as provided under Arkansas Code § 6-17-208.