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6-10-134. Notification to school district of the adjudication or conviction of a minor — Confidentiality — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-10-134. Notification to school district of the adjudication or conviction of a minor — Confidentiality — Definition.
(a) For the purposes of this section, “minor” means a:
(1) Child who is under eighteen (18) years of age; or
(2) Person who is eighteen (18) years of age or older and a student in a public secondary school.
(b) Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(c) A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
(1) An offense involving a deadly weapon under § 5-1-102;
(2) Kidnapping under § 5-11-102;
(3) Battery in the first degree under § 5-13-201;
(4) Sexual indecency with a child under § 5-14-110;
(5) First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
(6) The unlawful possession of a handgun under § 5-73-119.
(d) Information provided under subsections (b) and (c) of this section shall not be released in violation of any state or federal law protecting the privacy of the minor.
(e)(1) An arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services of the arrest or detention
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-10-134
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-10-134
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5a2a65ae77d8a1cbf81d710b0d900c43f52f045da96e1abb7ac041ec5f972d9c
Source location: content.xml paragraph 2297
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6-10-134. Notification to school district of the adjudication or conviction of a minor — Confidentiality — Definition.
(a) For the purposes of this section, “minor” means a:
(1) Child who is under eighteen (18) years of age; or
(2) Person who is eighteen (18) years of age or older and a student in a public secondary school.
(b) Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(c) A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
(1) An offense involving a deadly weapon under § 5-1-102;
(2) Kidnapping under § 5-11-102;
(3) Battery in the first degree under § 5-13-201;
(4) Sexual indecency with a child under § 5-14-110;
(5) First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
(6) The unlawful possession of a handgun under § 5-73-119.
(d) Information provided under subsections (b) and (c) of this section shall not be released in violation of any state or federal law protecting the privacy of the minor.
(e)(1) An arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services of the arrest or detention of the minor for one (1) or more of the following offenses:
(A) An offense involving a deadly weapon under § 5-1-102;
(B) Kidnapping under § 5-11-102;
(C) Battery in the first degree under § 5-13-201;
(D) Sexual indecency with a child under § 5-14-110;
(E) First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
(F) The unlawful possession of a handgun under § 5-73-119.
(2) The notice required under subdivision (e)(1) of this section shall be provided within twenty-four (24) hours of the arrest or detention of the minor or before the next school day, whichever is earlier.
(3)(A) The superintendent of the school district in which the minor is enrolled or from which the minor receives services shall then immediately notify:
(i) The principal of the school;
(ii) The resource officer of the school; and
(iii) Any other school official with a legitimate educational interest in the minor.
(B) The arrest information shall:
(i) Be treated as confidential information; and
(ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (e)(3)(A) of this section.
(C) A person listed in subdivision (e)(3)(A) of this section who is notified of the arrest or detention of a minor by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.
(4) The arrest information shall be used by the school only for the limited purpose of obtaining services for the minor or to ensure school safety.
(f) Records of the arrest of, the detention of, investigation of, or proceedings involving a minor are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless:
(1) Authorized by a written order of the juvenile division of circuit court;
(2) The arrest or the proceedings result in the minor being formally charged in the criminal division of circuit court for a felony; or
(3) As allowed under this section or § 9-27-320.
(g)(1) Information regarding the arrest or detention of a minor and proceedings related to the arrest or detention of the minor shall be confidential unless the exchange of information is:
(A) For the purpose of obtaining services for the minor or to ensure school safety;
(B) Reasonably necessary to achieve one (1) or both purposes; and
(C) Under a written order by the circuit court.
(2) Information regarding the arrest or detention of a minor may be given only to the following persons:
(A) A school counselor;
(B) A juvenile court probation officer or caseworker;
(C) A law enforcement officer;
(D) A spiritual representative designated by the minor or his or her parents or legal guardian;
(E) A Department of Human Services caseworker;
(F) A community-based provider designated by the court, the school, or the parent or legal guardian of the minor;
(G) A Department of Health representative;
(H) The minor's attorney or other court-appointed special advocate; or
(I)(i) A school superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(ii) A school superintendent or the designee of the superintendent of the school district in which the minor is enrolled or from which the minor receives services shall immediately notify the following persons of information he or she obtains under subdivision (g)(1) of this section:
(a) The principal of the school;
(b) The resource officer of the school; and
(c) Any other school official with a legitimate educational interest in the minor.
(3) A person listed in subdivision (g)(2) of this section may meet to exchange information, to discuss options for assistance to the minor, to develop and implement a plan of action to assist the minor, and to ensure school safety.
(4) The minor and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (g)(2) of this section when three (3) or more individuals meet to discuss assistance for the minor or the protection of the school due to the behavior of the minor.
(5) Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the minor's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (g)(2) of this section and the purpose for the disclosure.
(6) A person listed in subdivision (g)(2) of this section who exchanges any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with the limitations set forth in this section.
(h)(1) When a court orders a safety plan for a minor that restricts or requires supervised contact with another minor as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student safety be provided to the school superintendent, the designee of the superintendent, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(2) When a court order amends or removes any safety plan outlined in subdivision (h)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student safety, be provided to the school superintendent, or his or her designee, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(3) A school official who receives a court order and safety plan or information concerning the court order and safety plan shall:
(A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan;
(B) Keep the information confidential and shall not disclose the information to a person not listed in subdivision (g)(2) of this section;
(C) Include the information in the permanent educational records of the minor; and
(D)(i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
(ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
(iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record of the minor.
(4) When a minor attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the permanent records of the minor at the local education agency and destroyed.
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Federal law — U.S. Code and appendices · legal_authorities
All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 20—EDUCATION
§ 1232f
Editorial Notes
PRIOR PROVISIONS
A prior section 1232e, Pub. L. 90–247, title IV, § 436,
formerly § 426, as added Pub. L. 91–230, title IV,
§ 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436,
Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat.
326, related to authority of Commissioner to vest title
in equipment, prior to repeal by section 1231(a)(3) of
Pub. L. 95–561.
A prior section 442 of Pub. L. 90–247 was classified to
section 1233a of this title prior to repeal by Pub. L.
103–382.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub-
stituted ‘‘that local educational agency’’ for ‘‘that
local education agency’’.
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted
comma after ‘‘program’’.
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub-
stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap-
pearing.
Pub. L. 103–382, § 212(b)(3)(B), made technical amend-
ment to reference to section 1232f of this title to reflect
renumbering of corresponding section of original act.
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub-
stituted ‘‘individuals with disabilities’’ for ‘‘handi-
capped individuals’’.
1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–511 effective Oct. 19, 1984,
see section 711(a) of Pub. L. 98–511, set out as a note
under section 1226c of this title.
EFFECTIVE DATE
Section effective with respect to appropriations for
fiscal year 1980 and subsequent fiscal years, see section
1261 of Pub. L. 95–561, set out as a note under section
1232c of this title.
PART 4—RECORDS; PRIVACY; LIMITATION ON
WITHHOLDING FEDERAL FUNDS
§ 1232f. Records
(a) Records
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232g
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-1-102. Definitions.
As used in the Arkansas Criminal Code:
(1) “Act” or “action” means the same as defined in § 5-2-201;
(2) “Actor” includes, when appropriate, a person who possesses something or who omits to act;
(3) “Conduct” means the same as defined in § 5-2-201;
(4) “Deadly weapon” means:
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury;
(5) “Element of the offense” means the conduct, the attendant circumstances, or the result of conduct that:
(A) Is specified in the definition of the offense;
(B) Establishes the kind of culpable mental state required for commission of the offense; or
(C) Negates an excuse or justification for the conduct;
(6)(A) “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.
(B) “Firearm” includes:
(i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and
(ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section;
(7) “Included offense” means the same as defined in § 5-1-110(b);
(8)(A) “Knowingly” or an equivalent term such as “knowing”, “with knowledge”, “willful”, or “willfully” means the same as knowingly as defined in § 5-2-202.
(B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of “purposely”, “willful” or “willfully” means the same as “purposely” defined in § 5-2-202;
(9) “Law” includes a statute or court decisi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-11-102. Kidnapping.
(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:
(1) Holding the other person for:
(A) Ransom or reward; or
(B) Any other act to be performed or not performed for the other person's return or release;
(2) Using the other person as a shield or hostage;
(3) Facilitating the commission of any felony or flight after the felony;
(4) Inflicting physical injury upon the other person;
(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
(6) Terrorizing the other person or another person; or
(7) Interfering with the performance of any governmental or political function.
(b)(1) Kidnapping is a Class Y felony.
(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-11-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-13-201. Battery in the first degree.
(a) A person commits battery in the first degree if:
(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;
(2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;
(3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;
(4) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or
(ii) Another person who is resisting the felony or flight causes serious physical injury to any person;
(5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;
(6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive;
(7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger;
(8) With the purpose of causing ph
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-13-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-110. Sexual indecency with a child.
(a) A person commits sexual indecency with a child if:
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:
(A) Sexual intercourse;
(B) Deviate sexual activity; or
(C) Sexual contact;
(2)(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim;
(3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is:
(A) Employed with the Division of Correction, Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(C) The minor's parent or guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;
(4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is:
(A) Employed wit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-14-110. This identifies an authority to review, not proof of applicability.