Arkansas - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
statute; regulation
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA) and adds student supports and protections.

2017 Arkansas Code 6-18-507. Suspension -- Expulsion -- Definitions

(e) (1) (A) The superintendent of any school district shall recommend the expulsion of any student from school for a period of not less than 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.

    • (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.
  • (B) The statement shall be signed by the parents, guardians, or other persons in loco parentis prior to readmitting a student or enrolling a student in any public school immediately after the expiration of an expulsion period pursuant to this subsection.

    • (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 department 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.
  • (C) The expulsion shall be noted on the student's permanent school record.
  • (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)
  • (A) The department shall establish and maintain a registry of students who are expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
  • (B) The names, addresses, and Social Security numbers of all students listed in the registry shall be available by phone, facsimile, or mail to any school principal in the state.

(f)

  • (1) 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.

Arkansas Administrative Rules 005.15.11-003 Guidelines for the Development, Review and Revision of School District Student Discipline and School Safety Policies

4.00 GENERAL GUIDELINES AND MINIMUM REQUIREMENTS

  • 4.04 The school discipline policies shall:
    • 4.04.1 Prescribe minimum and maximum penalties, including students' suspension or dismissal from school, for violations of each of the aforementioned offenses and for violations of other practices prohibited by school discipline policies;
    • 4.04.2 Prescribe expulsion from school for a period of not less than 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.
    • 4.04.3 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;
    • 4.04.4 Include prevention, intervention, and conflict resolution provisions; and
    • 4.04.5 Set forth the role and authority of public school employees and volunteers.
      Arkansas Secreatary of State

2017 Arkansas Code 6-17-113. Duty to report and investigate student criminal acts

(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.

2017 Arkansas Code 6-18-503. Written student discipline policies required

(C) The discipline policy shall include provisions for:

  • (i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a handicapping condition in an alternative learning environment provided by the district; and
  • (ii)
    • (a) Expulsion from school for a period of not less than 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.
Policy Links: