Ark. Code Ann. § 6-18-2401: Legislative findings

The General Assembly finds that: (1) It is the responsibility of each school district in Arkansas to ensure the safety of all students and school personnel; (2) It is the responsibility of each school district in Arkansas to ensure that every student in Arkansas is safe and protected from being unnecessarily or inappropriately restrained; (3) Safe, effective, evidence-based strategies should be the basis for protocols in public schools and educational settings to support every student who displays challenging behavior in a public school or educational setting; (4) Providing school personnel with training that is focused on evidence-based positive behavioral support, de-escalation techniques, and physical restraint prevention can reduce the incidence of injury, trauma, and death; (5) The effective implementation of school-wide positive behavioral support is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and the perception of a safer teaching environment by school personnel; (6) Positive behavioral support involves school-wide approaches that result in: (A) Positive classroom and school climates; (B) Prosocial student and school personnel interactions; (C) Teaching a student academic, social, emotional, behavioral engagement, and achievement skills; and (D) Reinforcing the academic, social, emotional, behavioral engagement, and achievement skills of a student; (7) The use of effective positive behavioral support in public schools and educational settings can prevent an emergency situation that requires the use of physical restraint on a student; and (8) Every effort should be made to: (A) Prevent the need for secluding a student or using a physical restraint on a student; (B) Ensure that behavioral intervention is consistent with the right of a student to be free from abuse and treated with dignity; (C) Avoid the use of physical restraint on a student to the greatest extent possible without endangering the safety of other students and school personnel; (D) Avoid the use of a physical restraint on a student except in a situation where the behavior of the student poses an imminent danger of serious physical harm to the student or others; (E) Discontinue the use of a physical restraint on a student as soon as the imminent danger of serious physical harm to the student or others dissipates; and (F) Refrain from using chemical restraint or mechanical restraint in a public school or educational setting. Added by Act 2021, No. 1084,§ 1, eff. 7/28/2021.

The General Assembly finds that:

(1) It is the responsibility of each school district in Arkansas to ensure the safety of all students and school personnel;

(2) It is the responsibility of each school district in Arkansas to ensure that every student in Arkansas is safe and protected from being unnecessarily or inappropriately restrained;

(3) Safe, effective, evidence-based strategies should be the basis for protocols in public schools and educational settings to support every student who displays challenging behavior in a public school or educational setting;

(4) Providing school personnel with training that is focused on evidence-based positive behavioral support, de-escalation techniques, and physical restraint prevention can reduce the incidence of injury, trauma, and death;

(5) The effective implementation of school-wide positive behavioral support is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and the perception of a safer teaching environment by school personnel;

ve behavioral support, de-escalation techniques, and physical restraint prevention can reduce the incidence of injury, trauma, and death;

(5) The effective implementation of school-wide positive behavioral support is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and the perception of a safer teaching environment by school personnel;

(6) Positive behavioral support involves school-wide approaches that result in: (A) Positive classroom and school climates; (B) Prosocial student and school personnel interactions; (C) Teaching a student academic, social, emotional, behavioral engagement, and achievement skills; and (D) Reinforcing the academic, social, emotional, behavioral engagement, and achievement skills of a student;

(A) Positive classroom and school climates;

(B) Prosocial student and school personnel interactions;

(C) Teaching a student academic, social, emotional, behavioral engagement, and achievement skills; and

(D) Reinforcing the academic, social, emotional, behavioral engagement, and achievement skills of a student;

(7) The use of effective positive behavioral support in public schools and educational settings can prevent an emergency situation that requires the use of physical restraint on a student; and

(8) Every effort should be made to: (A) Prevent the need for secluding a student or using a physical restraint on a student; (B) Ensure that behavioral intervention is consistent with the right of a student to be free from abuse and treated with dignity; (C) Avoid the use of physical restraint on a student to the greatest extent possible without endangering the safety of other students and school personnel; (D) Avoid the use of a physical restraint on a student except in a situation where the behavior of the student poses an imminent danger of serious physical harm to the student or others; (E) Discontinue the use of a physical restraint on a student as soon as the imminent danger of serious physical harm to the student or others dissipates; and (F) Refrain from using chemical restraint or mechanical restraint in a public school or educational setting.

(A) Prevent the need for secluding a student or using a physical restraint on a student;

(B) Ensure that behavioral intervention is consistent with the right of a student to be free from abuse and treated with dignity;

(C) Avoid the use of physical restraint on a student to the greatest extent possible without endangering the safety of other students and school personnel;

(D) Avoid the use of a physical restraint on a student except in a situation where the behavior of the student poses an imminent danger of serious physical harm to the student or others;

(E) Discontinue the use of a physical restraint on a student as soon as the imminent danger of serious physical harm to the student or others dissipates; and

(F) Refrain from using chemical restraint or mechanical restraint in a public school or educational setting.