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005.28.27-5.00. Student Discipline

AR ADC 005.28.27-5.00Arkansas Administrative CodeEffective: August 22, 2020

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 27. Rules Governing Student Discipline and School Safety
Effective: August 22, 2020
Ark. Admin. Code 005.28.27-5.00
Formerly cited as AR ADC 005.15.17-4.00
005.28.27-5.00. Student Discipline
Currentness
5.01 Each school district in this state shall develop written student discipline policies in compliance with these rules and shall file the policies with the Division by posting the policies on the school district's website no later than August 1 each year.
5.02 Parents, students, and school district personnel, including teachers, shall be involved in the development of school district student discipline policies.
5.02.1 School districts should attempt to ensure that those involved with the development of school district student discipline policies come from diverse racial, gender, and socioeconomic backgrounds and that the group consist of a sufficient number of individuals to provide broad representation within the district.
5.03 Student discipline policies shall include, without limitation, the following offenses:
5.03.1 Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
5.03.2 Possession by students of any firearm or other weapon prohibited upon the school campus by law or by policies adopted by the school board of directors;
5.03.3 Using, offering for sale, or selling, beer, alcoholic beverages, or other illicit drugs, by students on school property; and
5.03.4 Willfully or intentionally damaging, destroying, or stealing school property by students.
5.04 Student discipline policies shall:
5.04.1 Prescribe minimum and maximum penalties, including without limitation, students' suspension or expulsion from school, for violations of any of the offenses listed in 5.03 above, and for violations of other practices prohibited by school discipline policies; however, the superintendent shall have discretion to modify the prescribed penalties for a student on a case-by-case basis;
5.04.2 Prescribe expulsion from school for a period of one (1) year for possession of any firearm or other weapon prohibited upon the school campus by law, provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis;
5.04.2.1 The policy shall require parents, guardians, or other persons in loco parentis of a student expelled for possession of a firearm or other prohibited weapon to sign a statement acknowledging that the parents have read and understand current laws regarding the possibility of parental responsibility for allowing a child to possess a weapon on school property.
5.04.2.2 The statement shall be signed by the parents, guardians, or other persons in loco parentis before readmitting a student or enrolling a student in any public school immediately after the expiration of the expulsion.
5.04.2.3 School administrators and the local school district board shall complete the expulsion process of any student that was initiated because the student possessed a firearm or other prohibited weapon on school property regardless of the enrollment status of the student.
5.04.3 Establish procedures for notice to students and parents of charges, hearings, and other due process proceedings to be applicable in the enforcement and administration of such policies by the school administrator and by the school board of directors;
5.04.4 Include prevention, intervention, and conflict resolution provisions;
5.04.5 Set forth the role and authority of public school employees and volunteers;
5.04.6 Include a provision for the seizure by school personnel of hand-held laser pointers in the possession of students;
5.04.7 Establish procedures for responding to reports received through the school safety and crisis line under Ark. Code Ann. § 6-18-111;
5.04.8 Include a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female, and the disciplinary action(s) that will be taken against a student for violation.
5.04.8.1 This policy shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event and shall not be enforced in a manner that discriminates against a student on the basis of his or her race, color, religion, sex, disability, or national origin.
5.04.9 Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion;
5.04.10 Include provisions for placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district. Behavioral problems include being at risk of not satisfactorily completing a high school education; and
5.04.11 Provide that parents and students will be advised of the rules and regulations by which the school is governed and will be made aware of the behavior that will call for disciplinary action and the types of corrective actions that may be imposed.
5.04.11.1 Each school district shall develop a procedure for written notification to all parents and students of the district's student discipline policies and for documentation of the receipt of the policies by all parents and students.
5.05 A school district may establish a written student discipline policy and exemptions concerning the possession and use by a student of a personal electronic device:
5.05.1 On school property;
5.05.2 At an after-school activity; or
5.05.3 At a school-related function.
5.05.4 The policy may, without limitation:
5.05.4.1 Allow or restrict the possession and use of a personal electronic device;
5.05.4.2 Allow the use of a personal electronic device in school for instructional purposes at the discretion of a teacher or administrator;
5.05.4.3 Limit the times or locations in which a personal electronic device may be used to make telephone calls, send text messages or emails, or engage in other forms of communication;
5.05.4.4 Allow or prohibit the use of any photographic, audio, or video recording capabilities of a personal electronic device while in school;
5.05.4.5 Exempt the possession or use of a personal electronic device by a student who is required to use such a device for health or another compelling reason;
5.05.4.6 Exempt the possession or use of a personal electronic device after normal school hours for extracurricular activities; and
5.05.4.7 Include other relevant provisions deemed appropriate and necessary by the school district.
5.06 Nothing in any student discipline policies promulgated under state law and these rules shall limit or restrict the bringing of criminal charges against any person for violating the criminal laws of this state.
5.06.1 The school principal, or in his or her absence the principal's designee, shall make a reasonable, good faith effort to notify the student's parent or legal guardian, or other person having lawful control of the student by court order, or person standing in loco parentis, listed on the student's enrollment forms, if the school or school district, with respect to a student under the age of eighteen (18):
5.06.1.1 Makes a report to any law enforcement agency concerning student misconduct;
5.06.1.2 Grants law enforcement personnel other than a school resource officer acting in the normal course and scope of his or her assigned duties access to a student; or
5.06.1.3 Knows that a student has been taken into custody by law enforcement personnel during the school day or while under school supervision.
5.06.2 The school principal or the principal's designee shall notify the student's parent, legal guardian, or other person having lawful control of the student under an order of court or person acting in loco parentis that the student has been reported to, interviewed by, or taken into custody by law enforcement personnel.
5.06.3 If the principal or the principal's designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call either the principal or the principal's designee and leave both a day and an after-hours telephone number.
5.06.4 The notification required by 5.06.1 and 5.06.2 is not required if school personnel make a report or file a complaint based on suspected child maltreatment as required under § 12-18-401 et seq. or if a law enforcement officer, investigator of the Crimes Against Children Division of the Department of Arkansas State Police, or Department of Human Services investigator or personnel member interviews a student during the course of an investigation of suspected child maltreatment.
5.06.5 The principal or the principal's designee shall not provide notification under 5.06.1 or 5.06.2 if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in loco parentis is named as an alleged offender.
5.06.5.1 The investigator shall provide the school with documentation that notification to the parent, guardian, custodian, or person standing in loco parentis is prohibited.
5.06.5.2 The request to interview under 5.06.5 must be made by:
5.06.5.2.1 A law enforcement officer;
5.06.5.2.2 An investigator of the Crimes Against Children Division of the Department of Arkansas State Police; or
5.06.5.2.3 An investigator or employee of the Department of Human Services.
5.07 The student discipline policies and State and district discipline data shall be reviewed annually by the school district's committee on personnel policies. The committee may recommend changes in the policies to the board of directors of the local school district based on the committee's review.
5.08 Any amendments or revisions to a school district's student discipline policies shall be developed and adopted in the same manner as the original policies as required by law, consistent with these rules, and submitted to the Division within thirty (30) days after the adoption of such amendment or revision.
5.09 The Division shall monitor compliance with the requirements of these rules and of Ark. Code Ann. §§ 6-18-502 and 6-18-503. Any school district failing to file with the Division disciplinary policies that meet the requirements of law and these rules shall have all state aid funds withheld until such disciplinary policies are filed with the Division as required by these rules.
5.10 Teachers and administrators, classified school employees, and volunteers shall be provided with appropriate student discipline, behavioral intervention, and classroom management training and support.
5.11 Consistent with state and federal law, in order to maintain effective discipline in the classroom, a teacher may remove from class and send to the principal's or principal's designee's office, a student:
5.11.1 Who has been documented by the teacher as repeatedly interfering with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn; or
5.11.2 Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn.
5.11.3 If a teacher removes a student from class in accordance with 5.11, the principal or his or her designee may:
5.11.3.1 Place the student into another appropriate classroom, into in-school suspension, or into the district's alternative learning environment, so long as such placement is consistent with the school district's written policies, and state and federal law and rules;
5.11.3.2 Return the student to the class; or
5.11.3.3 Take other appropriate action consistent with the school district's discipline policy, state law, and federal law.
5.11.4 If a teacher removes a student from class, in accordance with 5.11, two (2) times during any nine-week grading period or its equivalent, the principal or the principal's designee may not return the student to the teacher's class unless a conference is held for the purpose of determining the causes of the problem and possible solutions, with the following individuals present:
5.11.4.1 The principal or the principal's designee;
5.11.4.2 The teacher;
5.11.4.3 The school counselor;
5.11.4.4 The parents, guardians, or persons in loco parentis; and
5.11.4.5 The student, if appropriate.
5.11.4.6 The failure of the parents, guardians, or persons in loco parentis to attend the conference provided for in this subsection shall not prevent the conference from being held nor prevent any action from being taken as a result of that conference, provided that the parents, guardians, or persons in loco parentis have been offered the opportunity to participate.
5.12 If a school employee believes that any action taken by the school district to discipline a student referred by that employee does not follow student discipline policies, the school employee may appeal under the district's grievance procedure as provided under § 6-17-208.
SUSPENSION and EXPULSION
5.13 The board of a school district may suspend or expel any student from school for violation of the school district's written discipline policies, with the following exceptions:
5.13.1 A school district shall not use out-of-school suspension as a discipline measure for truancy; and
5.13.2 A school district shall not use out-of-school suspension or expulsion for a student in kindergarten through grade five (K-5) except in cases when a student's behavior:
5.13.2.1 Poses a physical risk to himself or herself or to others; or
5.13.2.2 Causes a serious disruption that cannot be addressed through other means.
5.14 A school district board may authorize a teacher or an administrator to suspend any student for a maximum of ten (10) school days for violation of the school district's written discipline policies, subject to appeal to the superintendent or his or her designee.
5.14.1 However, schools that utilize nontraditional scheduling may not suspend students from more course time than would result from a ten-day suspension under the last traditional schedule used by the school district.
5.15 If the superintendent initiates the suspension process, the decision may be appealed to the board of directors.
5.16 A superintendent may recommend the expulsion of a student for more than ten (10) days for violation of the school district's written discipline policies, subject to appeal to the board of directors and to requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1401 et seq.
5.16.1 After hearing all testimony and debate on a suspension, expulsion, or appeal, the board of directors may consider its decision in executive session without the presence of anyone other than the board members.
5.16.2 At the conclusion of an executive session, the board of directors shall reconvene in public session to vote on the suspension, expulsion, or appeal.
5.16.3 A school district board meeting entertaining an appeal shall be conducted in executive session if requested by the parent or guardian of the student provided that after hearing all testimony and debate, the board of directors shall conclude the executive session and reconvene in public session to vote on such appeal.
5.17 Upon suspension of a student, the school shall immediately contact the student's parent or legal guardian to notify the parent or legal guardian of the suspension.
5.17.1 Each parent or legal guardian shall provide the school:
5.17.1.1 A primary call number. If the call number changes, the parent or legal guardian shall notify the school of the new primary call number;
5.17.1.2 An email address if the parent or legal guardian does not have a telephone; or
5.17.1.3 A current mailing address if the parent or legal guardian does not have a telephone or email address.
5.17.2 The contact required in this subsection is sufficient if made by:
5.17.2.1 Direct contact with the parent or legal guardian at the primary call number or in person;
5.17.2.2 Leaving a voice mail at the primary call number;
5.17.2.3 Sending a text message to the primary call number;
5.17.2.4 Email if the school is unable to make contact through the primary call number; or
5.17.2.5 Regular first-class mail if the school is unable to make contact through the primary call number or email.
5.17.3 The school shall keep a notification log of contacts attempted and made to the parent or legal guardian.
5.17.4 A public school shall indicate on a student's attendance record if a student's absence is the result of an out-of-school suspension.
5.18 A public school district or open-enrollment public charter school that expels a student, shall offer to the expelled public school student digital learning courses or other alternative educational courses for which the student may receive academic credit that is at least equal to credit the expelled public school student may have received if he or she was still enrolled in his or her assigned public school or open-enrollment public charter school immediately before he or she was expelled.
5.19 The principal of each school shall report, within a week, to the Division, the name, current address, and social security number of any student who is expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
5.19.1 The expulsion shall be noted on the student's permanent school record.
5.19.2 Nothing in Section 5.19 of these rules shall be construed to limit a superintendent's discretion to modify the expulsion requirement for a student on a case-by-case basis.
5.19.3 The Division shall maintain information regarding students who are expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
5.20 The board of directors of a school district may adopt a policy that any person who has been expelled as a student from any other school district may not enroll as a student until the time of the student's expulsion has expired, provided that the receiving school district board affords the student the opportunity for a hearing at the time the student is seeking enrollment.
CORPORAL PUNISHMENT
5.21 A school district that authorizes the use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or a school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or an administrator employed by the school district.
5.21.1 A school district that authorizes use of corporal punishment, shall not:
5.21.1.1 Use corporal punishment on a child who is intellectually disabled, non-ambulatory, non-verbal, or autistic; or
5.21.1.2 Include in its written student discipline policy, a provision to allow the use of corporal punishment on a child who is intellectually disabled, non-ambulatory, non-verbal, or autistic.

Credits

Amended March 1, 2012; Aug. 22, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.27-5.00, AR ADC 005.28.27-5.00
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