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Arkansas General Assembly· HB 1062Notification that HB1062 is now Act 565

An act TO CREATE THE TEACHER AND STUDENT PROTECTION 10 ACT OF 2025, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of ArkansasAs Engrossed: H1/15/25 H2/3/25 H2/18/25 H2/26/25 H3/31/25

2 95th General Assembly                   A Bill

3 Regular Session, 2025                                     HOUSE BILL 1062

4

5 By: Representative R. Scott Richardson

6 By: Senator Dees

7

8                        For An Act To Be Entitled

9   AN ACT TO CREATE THE TEACHER AND STUDENT PROTECTION

10  ACT OF 2025; TO PROHIBIT A STUDENT WHO IS REMOVED

11  FROM A CLASSROOM DUE TO VIOLENT OR ABUSIVE BEHAVIOR

12  AGAINST A TEACHER OR ANOTHER STUDENT FROM BEING

13  PLACED IN A CLASS WITH THE TEACHER OR STUDENT AGAINST

14  WHOM THE VIOLENT OR ABUSIVE BEHAVIOR WAS DIRECTED;

15  AND FOR OTHER PURPOSES.

16

17

18                                        Subtitle

19                       TO CREATE THE TEACHER AND STUDENT

20                       PROTECTION ACT OF 2025.

21

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

23

24  SECTION 1. DO NOT CODIFY. Legislative intent.

25  (a) The General Assembly finds that:

26  (1) Eighty percent (80%) of those surveyed in an American

27 Psychological Association Task Force on Violence Against Educators and School

28 Personnel survey reported being victims of threats or violent acts at least

29 one (1) time at their schools, with fifty-six percent (56%) of teachers

30 surveyed reporting being victimized by students; and

31  (2) Nearly one million three hundred thousand (1,300,000) acts

32 of student-on-teacher violence were reported in a National Education

33 Association study.

34  (b) It is the intent of the General Assembly to:

35  (1) Provide a safe environment for teachers and students to work

36 and learn in the State of Arkansas;

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1            (2) Ensure that teachers and students do not suffer from

2 repeated violent or abusive behavior from students; and

3            (3) Ensure proper measures are in place to prevent repeated acts

4 of violence in schools.

5

6   SECTION 2. Arkansas Code � 6-18-511 is amended to read as follows:

7   6-18-511. Removal by teacher.

8   (a) Consistent with state and federal law, a teacher may remove a

9 student from class and send him or her to the principal's or principal's

10 designee's office in order to maintain effective discipline in the classroom.

11  (b) A teacher may remove from class a student:

12           (1) Who has been documented by the teacher as repeatedly

13 interfering with the teacher's ability to teach the students in the class or

14 with the ability of the student's classmates to learn; or

15           (2) Whose behavior the teacher determines is so unruly,

16 disruptive, violent, or abusive that it seriously interferes with the

17 teacher's ability to teach the students in the class or with the ability of

18 the student's classmates to learn.

19  (c) If Except as provided under subsection (e) of this section, if a

20 teacher removes a student from class in accordance with subsection (b) of

21 this section, the principal or his or her designee may:

22           (1) Place the student into another appropriate classroom

23 learning environment or into in-school suspension so long as the placement is

24 consistent with the public school district's written student discipline

25 policy;

26           (2) Return the student to the class; or

27           (3) Take other appropriate action consistent with the public

28 school district's discipline policy, state law, and federal law.

29 (d)(1)(A) If Each time a teacher removes a student from class two (2) times

30 during any nine-week grading period or its equivalent as determined by the

31 Division of Elementary and Secondary Education, the principal or the

32 principal's designee may shall not return the student to the teacher's class

33 unless until a conference is held for the purpose of determining the causes

34 of the problem and possible solutions, with the following individuals

35 present:

36           (A)(i) The principal or the principal's designee

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1                    (B)(ii) The teacher;

2                    (C)(iii) The school counselor;

3                    (D)(iv) The parents, guardians, or persons standing in

4 loco parentis; and

5                    (E)(v) The student, if appropriate.

6                    (B) However, a teacher is not required to remove a student

7 from class each time the student is unruly or disruptive during the teacher's

8 class.

9         (2) The failure of the parents, guardians, or persons in loco

10 parentis to attend the conference provided for in this subsection required

11 under subdivision (d)(1) of this section shall not prevent the conference

12 from being held nor or prevent any action from being taken as a result of

13 that conference.

14        (3) If a student with a disability identified under the

15 Individuals with Disabilities Education Act, 20 U.S.C. � 1400 et seq., as it

16 existed on January 1, 2025, or Section 504 of the Rehabilitation Act of 1973,

17 Pub. L. No. 93-112, as it existed on January 1, 2025, is removed under this

18 subsection (d), then the conference required under subdivision (d)(1) of this

19 section shall serve as a manifestation determination review as required under

20 subsection (f) of this section.

21        (4) If it is determined during a conference held under this

22 subsection (d) that the student was removed from the teacher's class because

23 of violent behavior, the individuals conducting the conference shall

24 determine if a behavioral threat assessment is necessary for the student.

25        (e) Except as provided in subsection (f) of this section, a student

26 who is removed from a class under subsection (b) of this section due to

27 violent or abusive behavior against a teacher or another student shall:

28        (1)(A) Be placed in an appropriate interim learning environment

29 for the duration of the review and conference as required by subsection (d)

30 of this section.

31                   (B) While the student is in an appropriate interim

32 learning environment as required by subdivision (e)(1)(A) of this section,

33 the student shall be subject to the relevant written student discipline

34 policies prescribed by his or her public school district; and

35        (2) Not be placed in a class with the teacher or student against

36 whom the violent or abusive behavior was directed if it is determined that

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1 the student may leave the appropriate interim learning environment and return

2 to the placement from which he or she was removed.

3        (f)(1)(A) If the violent or abusive behavior for which a student is

4 removed from class under this section is determined to be a manifestation of

5 the student's disability following a manifestation determination review of

6 the student's violent or abusive behavior under subdivision (f)(2) of this

7 section, then the student shall be temporarily placed in an appropriate

8 interim learning environment within the public school district for no more

9 than ten (10) days while the members of the manifestation determination

10 review team determine the appropriate course of action under this subsection

11 (f).

12               (B) While the student is in an appropriate interim

13 learning environment as required by subdivision (f)(1)(A) of this section,

14 the student shall be subject to the relevant written student discipline

15 policies prescribed by his or her public school district.

16           (2) If the public school district, teacher against whom the

17 violent or abusive behavior was directed, parents, legal guardians, or

18 persons standing in loco parentis to the student, and relevant members of the

19 student's individualized education program under � 6-41-217 determine that

20 the student requires a change of placement, then the public school district,

21 teacher against whom the violent or abusive behavior was directed, parents,

22 legal guardians, or persons standing in loco parentis to the student, and

23 relevant members of the student's individualized education program shall

24 conduct a manifestation determination review, which shall include all

25 relevant information in the student's file, including the student's

26 individualized education program under � 6-41-217, teacher observations, and

27 other relevant information provided by the parent or legal guardian of the

28 student.

29               (g) If a student is removed from a classroom under this

30 section due to violent or abusive behavior three (3) or more times during one

31 (1) school year, the student shall be:

32           (1) Placed in an appropriate interim learning environment for

33 the remainder of the school year; or

34           (2) Disciplined according to the requirements of the written

35 student discipline policy of the public school district in which the student

36 is enrolled.

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1   (h) As used in this section:

2   (1) "Appropriate interim learning environment" means an

3 appropriate learning environment that is used for a period of time not to

4 exceed ten (10) days;

5   (2) "Appropriate learning environment" means a setting within a

6 public school or public school district that provides a similar structure to

7 the following without limitation:

8   (A) A classroom; or;

9   (B) In-school suspension; and

10  (3) "Violent or abusive behavior" means without limitation:

11  (A) Using threatening language;

12  (B) Throwing an item that risks or causes:

13                       (i) Harm to another individual;

14                       (ii) Injury to another individual; or

15                       (iii) Damage to property;

16  (C) Physically abusing a teacher or another student; or

17  (D) Any other similar action that presents a physical

18 danger or a threat of physical danger to a teacher or another student.

19 (i) This section does not apply to:

20  (1) An educational facility of the Division of Youth Services;

21  (2) An educational facility that contracts with the division; or

22  (3) The Arkansas Correctional School District.

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27

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29                       /s/R. Scott Richardson

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