Outline of the state of Arkansas
State
Arkansas
Comprehensive assurances of due process

Category
Disciplinary Due Process

Category
Disciplinary Due Process

State law provides comprehensive assurances of due process for students facing disciplinary action.

2017 Arkansas Code 6-15-1005. Safe, equitable, and accountable public schools

(5) (A) Every school and school district will offer appropriate alternative education programs organized to serve those students whose educational progress deviates from the standard expected for a successful transition to a productive life and those students whose behavior interferes with their own learning or the educational process of others.

Policy Type
Statute

Arkansas Administrative Rules 005.15.022. GUIDELINES FOR THE DEVELOPMENT, REVIEW AND REVISION OF SCHOOL DISTRICT STUDENT DISCIPLINE AND SCHOOL SAFETY POLICIES

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.

Policy Type
Regulation

Arkansas Administrative Rules 005.19.007-Appendix A. The Standard for accreditation

Standard 2-I Alternative Education Services 2-I.1 Each public school district shall provide appropriate alternative programs for students who are identified as requiring such programs to continue their education. (D/C)

Policy Type
Regulation

Arkansas Code 6-16-1406. Digital learning courses.

(g) A public school district or open-enrollment public charter school that expels a student under § 6-18-507 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.

Policy Type
Statute

Arkansas Code 6-18-209. Adoption of student attendance policies — Effect of unexcused absences.

(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.

Policy Type
Statute

Arkansas Code 6-18-502. Rules for development of school district student discipline policies.

(c) The school discipline policies shall: (6) Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion.

Policy Type
Statute

Arkansas Code 6-18-502. Rules for development of school district student discipline policies.

(c) The school discipline policies shall: (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

Policy Type
Statute

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

(d)

  • (1) 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.
  • (2)
    • (A) 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.
    • (B) At the conclusion of an executive session, the board of directors shall reconvene in public session to vote on the suspension, expulsion, or appeal.
  • (3) A school district board of directors 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.
Policy Type
Statute

Arkansas Code 6-18-510. Enrollment during expulsion — School policy.

The board of directors of any 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 person's expulsion has expired, provided that the receiving school district board of directors affords the student the opportunity for a hearing at the time the student is seeking enrollment.

Policy Type
Statute

Arkansas Code 6-18-511. Removal by teacher.

(c) If a teacher removes a student from class in accordance with subsection (b) of this section, the principal or his or her designee may:

  • (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 student discipline policy;
  • (2) Return the student to the class; or
  • (3) Take other appropriate action consistent with the school district's discipline policy, state law, and federal law.
Policy Type
Statute