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Senate approves bill directing DHS and Education to develop regional behavioral health programs for students deemed a safety risk
Summary
The Senate adopted Senate Bill 4 51, sending the measure to the House with an emergency clause. Sponsors said it requires state agencies to design programs for students whose behavior poses a substantial likelihood of injury to themselves, staff or other students; critics warned the language could sweep in students protected by federal disability
The Arkansas Senate on Thursday passed Senate Bill 4 51, a measure directing the Department of Human Services and the Department of Education to establish regional behavioral-health programs for students whose conduct is “substantially likely to cause injury” to themselves, other students or school staff. The bill passed with the emergency clause; the final roll-call was 30 yeas, 1 nay, 3 not voting and 1 present.
Sen. Alan Hester, the bill’s sponsor, said the measure is intended to help schools manage students whose violent or escalating behavior disrupts classrooms and to produce plans that minimize classroom disruption while addressing the educational and treatment needs of those students. “We’re just requiring them to get a game plan together,” Hester said on the floor.
Opponents and cautioning voices raised concerns about language and process. Sen. Joyce Flowers questioned wording that uses “substantially likely to cause injury” rather than the word “violent,” warning that the phrasing could capture students whose behavior stems from disability, communication challenges or misunderstanding. Flowers said she feared the measure could result in unnecessary segregation of students or inadequate application of federal special-education protections.
Sen. Hester said the bill does not override Individualized Education Program (IEP) protections under federal law and that the intention is to protect teachers and other students while keeping the impacted student in the least restrictive environment practicable. He said the bill creates a structure for state agencies to work together to develop appropriate regional programs and supports.
Lawmakers discussed related tools that could reduce risks and help implementation, including wider use of the state’s Safe School dashboard — a tool designed to flag students in academic or social distress — and application of ACE (adverse childhood experiences) screening or other assessments to identify underlying trauma, a suggestion supported by several senators.
Sen. Disman, who advocated for ACE testing in committee, said the state’s districts have resisted broader use of such screenings despite evidence they can help identify needs early.
The bill passed on the floor after senators amended and discussed the measure; the Senate adopted the emergency clause when the bill passed. The House will consider any amendments or further refinement as the measure proceeds through the legislative process.
