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.

(b)

• (1) No person in this state shall possess a firearm:
  • (A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12);
  • (B) In or upon any school bus; or
  • (C) At a designated bus stop as identified on the route list published by a school district each year.

(a) For the purposes of this section, “minor” means a:

• (1) Child who is under eighteen (18) years of age; or
• (2) Person who is eighteen (18) years of age or older and a student in a public secondary school. (b) Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services. (c) A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
• (1) An offense involving a deadly weapon under § 5-1-102;
• (2) Kidnapping under § 5-11-102;
• (3) Battery in the first degree under § 5-13-201;
• (4) Sexual indecency with a child under § 5-14-110;
• (5) First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
• (6) The unlawful possession of a handgun under § 5-73-119.

(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.

(2)

• (A) The Safe Schools Initiative training for school personnel shall be hosted by an education service cooperative of which the school district is a constituent.
• (B) The designated personnel who receive the Safe Schools Initiative training shall train other school employees and students.
• (C) The Safe Schools Initiative training also may include without limitation the training and education needed to assist a public school in:
  • (i) Developing prevention strategies and enhancing existing crisis management plans for campus security and safety issues;
  • (ii) Delivering education to students and faculty on public safety and legal topics such as drugs and alcohol abuse, sexual assault, bullying and cyber-bullying, gangs, preventing the possession of weapons by minors, and responding to the threat of weapons at school;
  • (iii) Preparing school safety assessments; and
  • (iv) Cooperating effectively with law enforcement officers in the school setting.

(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) The Division of Elementary and Secondary Education shall establish rules for the development of school district student discipline policies. (b) Such rules shall include without limitation the following requirements:

• (1) Parents, students, and school district personnel, including teachers, shall be involved in the development of school district student discipline policies;
• (2)
  • (A) The school district's committee on personnel policies shall review annually:
    • (i) The school district's student discipline policies; and
    • (ii) State and district discipline data.
  • (B) The committee may recommend changes in the policies to the board of directors of the local school district based on the committee's review under subdivision (b)(2)(A) of this section; and
• (3) Student discipline policies shall include without limitation the following offenses:
  • (A) Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
  • (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;
  • (C) Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property; and
  • (D) Willfully or intentionally damaging, destroying, or stealing school property by students. (c) The school discipline policies shall:
• (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.
  • (B) However, the superintendent shall have discretion to modify the prescribed penalties for a student on a case-by-case basis;
• (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;
• (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 district board of directors;
• (4) Include prevention, intervention, and conflict resolution provisions;
• (5) Set forth the role and authority of public school employees and volunteers as provided in this subchapter;
• (6) Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion; and
• (7) Establish procedures for responding to reports received through the school safety and crisis line under § 6-18-111. (d) Student discipline policies shall 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. (e) 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. (f) Teachers and administrators, classified school employees, and volunteers shall be provided with appropriate student discipline, behavioral intervention, and classroom management training and support. (g) If a school employee believes that any action taken by the school district to discipline a student referred by that employee does not follow school district discipline policies, the school employee may appeal under the district's grievance procedure as provided under § 6-17-208. (h) In developing the state rules for school district discipline policies, the division shall involve parents, students, teachers, and administrators.

(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.
  • (B) 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 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 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.
  • (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) 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) As used in this section:

• (1) “School official” means any public school employee receiving compensation for services from any public school system in the State of Arkansas;
• (2) “School-owned property” means any property located among premises owned in whole or in part by the state or any city, district, or county within the state, including but not limited to any desk, locker, file, or other tangible property assigned to, for the use of, or on loan to any student or other person using the property for his or her own use;
• (3) “School premises” means any locale upon which is situated any school building; and
• (4) “Supervisor” means any person who is employed as administrator or supervisor of any public school. (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. (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. (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.
• (2)
  • (A) In the event that prosecution by local authorities is pursued, the supervisor shall release the contraband to the local prosecuting authorities to be used as evidence in court.
  • (B) Any evidence obtained by use of the procedure as defined in this section shall be legally admissible in any court in this state. (e)
• (1)
  • (A) Whenever a school official discovers any gun or other firearm in any school-owned property assigned to the use of an identifiable student, that student shall be expelled for a period of not less than 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.