This text of Arkansas § 6-18-2401 (Legislative findings) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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;
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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.