2020 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 18 - Students
Subchapter 5 - Discipline
§ 6-18-514. Antibullying policies — Definitions

(a) The General Assembly finds that every public school student in this state has the right to receive his or her public education in a public school educational environment that is reasonably free from substantial intimidation, harassment, or harm or threat of harm by another student.

(b) As used in this section:

1. (1) “Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

2. (2)

   1. (A) “Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:

      1. (i) Physical harm to a public school employee or student or damage to the public school employee's or student's property;

      2. (ii) Substantial interference with a student's education or with a public school employee's role in education;

      3. (iii) A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or

      4. (iv) Substantial disruption of the orderly operation of the public school or educational environment.

   2. (B) “Bullying” includes cyberbullying as defined in this section;

3. (3) “Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

   1. (A) Harass, intimidate, humiliate, ridicule, defame, or threaten a student, public school employee, or person with whom the other student or public school employee is associated; or

   2. (B) Incite violence against a student, public school employee, or person with whom the other student or public school employee is associated;

4. (4) “Electronic act” means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless phone or other wireless communications device, computer, or pager;

5. (5) “Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

6. (6) “Substantial disruption” means without limitation that any one (1) or more of the following occur as a result of the bullying:

   1. (A) Necessary cessation of instruction or educational activities;

   2. (B) Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;

   3. (C) Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or

   4. (D) Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

(c) Bullying of a public school student or a public school employee is prohibited.

(d) If an alleged incident of bullying occurs during school hours, a public school principal or his or her designee who receives a credible report or complaint of bullying shall:

1. (1) As soon as reasonably practicable:

   1. (A) Report to a parent or legal guardian of a student believed to be the victim of an incident of bullying that his or her child is the victim in a credible report or complaint of bullying; and

   2. (B) Prepare a written report of the alleged incident of bullying;

2. (2)

   1. (A) Promptly investigate the credible report or complaint.

   2. (B)

      1. (i) The investigation conducted under subdivision (d)(2)(A) of this section shall be completed as soon as possible but not later than five (5) school days from the date of the written report of the alleged incident of bullying as required under subdivision (d)(1)(B) of this section.

      2. (ii) Following the completion of the investigation into the alleged incident of bullying conducted under subdivision (d)(2)(A) of this section, an individual licensed as a public school district building-level administrator or his or her designee may without limitation:

         1. (a) Provide intervention services;

         2. (b) Establish training programs to reduce bullying;

         3. (c) Impose discipline on any of the parties involved in the incident of bullying;

         4. (d) Recommend counseling for any of the parties involved in the incident of bullying; or

         5. (e) Take or recommend other appropriate action;

3. (3)

   1. (A) Notify the parent or legal guardian of the student who is determined to have been the perpetrator of the incident of bullying:

      1. (i) Upon completion of the investigation under subdivision (d)(2)(A) of this section; and

      2. (ii) Regarding the consequences of continued incidents of bullying.

   2. (B) A parent or legal guardian of a student who is a party to an investigation of an incident of bullying conducted under subdivision (d)(2)(A) of this section is entitled within five (5) school days after the completion of the investigation, and in accordance with federal and state law, to receive information about the investigation, including without limitation:

      1. (i) That a credible report or complaint of bullying exists;

      2. (ii) Whether the credible report or complaint of bullying was found to be true based on the investigation;

      3. (iii) Whether action was taken upon the conclusion of the investigation of the alleged incident of bullying; and

      4. (iv) Information regarding the reporting of another incident of bullying;

4. (4)

   1. (A) Make a written record of the investigation and any action taken as a result of the investigation.

   2. (B) The written record of the investigation shall include a detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying; and

5. (5) Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

(e) One (1) time each school year, the superintendent of a public school district shall report to the public school district board of directors at a public hearing data regarding discipline in the public school district, including without limitation the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.

(f)

1. (1) Each public school district board of directors shall adopt policies to prevent bullying.

2. (2) The policies shall:

   1. (A)

      1. (i) Clearly define conduct that constitutes bullying.

      2. (ii) The definition under subdivision (f)(2)(A)(i) of this section shall include without limitation the definition contained in subsection (b) of this section;

   2. (B) Prohibit:

      1. (i) Bullying while in school, on school equipment or property, in school vehicles, on school buses, at designated school bus stops, at school-sponsored activities, or at school-sanctioned events; or

      2. (ii)

         1. (a) Cyberbullying that results in the substantial disruption of the orderly operation of the school or educational environment.

         2. (b) This section applies to cyberbullying whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose;

   3. (C) State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;

   4. (D) Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of an incident of bullying as defined by the public school district report the incident to the principal as soon as possible;

   5. (E) Require that any person who files a credible report or makes a complaint of bullying not be subject to retaliation or reprisal in any form;

   6. (F) Require that notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district;

   7. (G)

      1. (i) Require that copies of the notice of what constitutes bullying, the prohibition of bullying, and the consequences of engaging in bullying be provided to parents and legal guardians, students, school volunteers, and employees of the public school annually.

      2. (ii) Each policy shall require that a full copy of the policy be made available upon request;

   8. (H) Describe the procedures for reporting an incident of bullying and the steps school employees may take in order to address a report of an alleged incident of bullying as described in this section; and

   9. (I) Include information on how to make an anonymous report to the school safety and crisis line under § 6-18-111.

3. (3) A notice of the public school district's policies shall appear in any:

   1. (A) Publication of the public school district that sets forth the comprehensive rules, procedures, and standards of conduct for public schools within the public school district; and

   2. (B) Student handbook.

4. (4) The public school district shall, to the extent required, annually conduct a reevaluation, reassessment, and review of its policies regarding the prohibition of bullying and make any necessary revisions and additions.

(g) A public school district shall provide training on compliance with the anti-bullying policies to all public school district employees responsible for reporting or investigating bullying under this section.

(h) A public school employee who has reported violations under the public school district's policy shall be immune from any tort liability that may arise from the failure to remedy the reported incident of bullying.

(i) The public school district board of directors may provide opportunities for school employees to participate in programs or other activities designed to develop the knowledge and skills to prevent and respond to acts covered by the public school district's policies.

(j) The public school district shall provide the Division of Elementary and Secondary Education with the website address at which a copy of the policies adopted in compliance with this section may be found.

(k) This section is not intended to:

1. (1) Restrict a public school district from adopting and implementing policies against bullying and school violence or policies to promote civility and student dignity that are more inclusive than the policies prohibiting bullying required under this section;

2. (2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or freedom of assembly;

3. (3) Affect the provisions of any collective bargaining agreement or individual contract of employment in effect on July 24, 2019; or

4. (4) Alter or reduce the rights of a student with a disability with regard to disciplinary action or to general or special educational services and support.

(l)

1. (1) Nonpublic schools are encouraged to comply with the provisions of this section.

2. (2) In the case of a faith-based nonpublic school, this section shall not be interpreted to prohibit or abridge the legitimate statement, expression, or free exercise of the beliefs or tenets of any faith by the religious organization operating the school or by the school's faculty, staff, or student body.