1|ENGROSSED SENATE AMENDMENT |
| TO |
2|ENGROSSED HOUSE |
|BILL NO. 1028 By: Talley, Moore, Munson, |
3| Rosecrants, Waldron, Lepak, |
| Hefner, Dollens, Townley, |
4| Ranson, Martinez, Stinson, |
| and Pae of the House |
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| and |
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| Floyd of the Senate |
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9| [ schools - corporal punishment - exception for |
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10| parental waiver - effective date ] |
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13|AUTHOR: Remove as principal Senate author Floyd and substitute as |
| principal Senate author Rader. Retain Floyd as Senate |
14| coauthor |
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15|AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause |
| and entire bill and insert |
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17| "An Act relating to students; amending 70 O.S. 2021, |
| Section 13-116, which relates to corporal punishment; |
18| prohibiting school personnel from using specific |
| types of corporal punishment on students identified |
19| with certain disability; providing types of |
| disabilities; prohibiting a disability from including |
20| a reason for placement on certain plan; removing |
| language regarding a written consent waiver; removing |
21| definition; providing an effective date; and |
| declaring an emergency. |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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Page 1
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1| SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-116, is |
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2|amended to read as follows: |
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3| Section 13-116. A. School district personnel shall be |
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4|prohibited from using corporal punishment of hitting, slapping, |
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5|paddling, or any other means of inflicting physical pain on students |
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6|identified with the most significant cognitive disabilities |
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7|according to criteria established by the State Department of |
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8|Education unless addressed in an annual a disability under state and |
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9|federal regulations that result in the student being on an |
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10|individualized education program (IEP) developed in accordance with |
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11|the Individuals with Disabilities Education Act (IDEA). For the |
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12|purposes of this section, a disability includes autism, |
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13|deaf-blindness, deafness, emotional disturbance, hearing impairment, |
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14|intellectual disability, multiple disabilities, orthopedic |
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15|impairment, other health impairment, specific learning disability, |
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16|speech or language impairment, traumatic brain injury, and visual |
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17|impairment including blindness, as defined by Section 18-109.5 of |
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18|this title. A disability shall not include a reason for which a |
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19|student may be placed on a Section 504 Plan as defined by the |
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20|Rehabilitation Act of 1973. |
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21| B. A waiver to the provisions of subsection A of this section |
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22|shall be granted if the parent or legal guardian of a student |
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23|provides written consent. |
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1| C. As used in this section, "corporal punishment" means the |
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2|deliberate infliction of physical pain by hitting, paddling, |
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3|spanking, slapping or any other physical force used as a means of |
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4|discipline. |
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5| SECTION 2. This act shall become effective July 1, 2024. |
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6| SECTION 3. It being immediately necessary for the preservation |
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7|of the public peace, health, or safety, an emergency is hereby |
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8|declared to exist, by reason whereof this act shall take effect and |
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9|be in full force from and after its passage and approval." |
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10| Passed the Senate the 23rd day of April, 2024. |
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| Presiding Officer of the Senate |
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14| Passed the House of Representatives the ____ day of __________, |
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15|2024. |
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| Presiding Officer of the House |
18| of Representatives |
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