The rise in COVID-19 cases in Arkansas’ public schools has caused teachers to become concerned about their safety and the role of state legislation in preventing an increase in casualties. While Governor Asa Hutchinson and Commissioner of Elementary and Secondary Education Johnny Key remain hopeful that Arkansas’ public schools will remain open and functioning until the semester ends, the legislation implemented at the state level is not sustainable. Arkansas Code A.C.A. § 6-11-105 (7)(a) and (7)(b) require the State Board of Education to take action in cases regarding student welfare by creating guidelines on a county-by-county basis, rather than by giving school districts complete discretion. Arkansas’ legal response to COVID-19 within schools has negatively affected teachers and students because the state has overlooked this law and instead implemented an overly general discretionary education policy approach.