1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1028 By: Talley |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 13-116, which relates to corporal punishment; |
8| prohibiting use of corporal punishment on certain |
| students; deleting exception for parental waiver; and |
9| providing an effective date. |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-116, is |
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14|amended to read as follows: |
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15| Section 13-116. A. School district personnel shall be |
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16|prohibited from using corporal punishment on students any student |
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17|identified with the most significant cognitive disabilities |
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18|according to criteria established by the State Department of |
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19|Education unless addressed in an annual individualized education |
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20|program (IEP) developed a disability in accordance with the |
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21|Individuals with Disabilities Education Act (IDEA) and Section 504 |
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22|of the Rehabilitation Act of 1973. |
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1| B. A waiver to the provisions of subsection A of this section |
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2|shall be granted if the parent or legal guardian of a student |
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3|provides written consent. |
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4| C. As used in this section, "corporal punishment" means the |
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5|deliberate infliction of physical pain by hitting, paddling, |
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6|spanking, slapping or any other physical force used as a means of |
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7|discipline. |
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8| SECTION 2. This act shall become effective November 1, 2023. |
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10| 59-1-5451 EK 12/19/22 |
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Req. No. 5451 Page 2
