ENROLLED HOUSE
BILL NO. 1441 By: Provenzano, Ranson, and Hefner of the House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021, Sections
6-192 and 6-194, as amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S.
Supp. 2022, Section 6-194), which relate to professional development; requiring
digital program to be completed at a frequency determined by the board of
education; deleting outdated language; authorizing completion of certain
programs at a frequency determined by the board; modifying frequency of child
abuse training; establishing maximum amount of mandatory professional
development and training in a five-year period; requiring teachers to maintain
certain documentation; amending 70 O.S. 2021, Section 6-194.3, which relates to
student mental health training for teachers; modifying frequency of training;
amending 70 O.S. 2021, Section 6-195, which relates to teacher induction
programs; authorizing board to establish frequency for training; amending 70
O.S. 2021, Section 11-103.6j, which relates to workplace safety training
curriculum; requiring board to determine frequency of training; amending 70
O.S. 2021, Section 24-100.4, which relates to the School Safety and Bullying
Prevention Act; altering frequency of bullying prevention training; amending 70
O.S. 2021, Section 24-100.7, which relates to suicide awareness and prevention;
adjusting frequency of training; amending 70 O.S. 2021, Section 1210.229-5,
which relates to substance abuse programs; modifying frequency of teacher
training; providing an effective date; and declaring an emergency.
SUBJECT: Schools
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 70 O.S. 2021, Section
6-192, is amended to read as follows:
Section 6-192. A. It is hereby declared to be the intent of the
Legislature to establish a professional development procedure whereby all
teachers in the state continue their education beyond initial certification by
the state to ensure that the children of the state are taught by professional
educators, fully prepared in their areas of expertise. Furthermore, such professional development
procedure shall provide alternative means of education, including one or more
of the following: In-service programs,
higher education courses, or other alternative means of education designed to
help teachers enrich their professional abilities.
B. The professional
development procedure shall include digital teaching and learning standards to
enhance content delivery to students and improve student achievement. A local school district board
of education shall require a program for teachers which shall emphasize the
importance of digital teaching and learning standards. The program shall be completed the first
year a certified teacher is employed by a school district, and then at a
frequency as determined by the local board of education.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 6-194, as amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp.
2022, Section 6-194), is amended to read as follows:
Section 6-194. A. The district boards of education of this
state shall establish professional development programs for the certified
teachers and administrators of the district.
Programs shall be adopted by each board based upon recommendations of a
professional development committee appointed by the board of education for the
district. For the fiscal years ending
June 30, 2011, and June 30, 2012, a school district board of education may
elect not to adopt and offer a professional development program for certified
teachers and administrators of the district.
If a school district elects not to adopt and offer a professional
development program, the district may expend any monies allocated for
professional development for any purpose related to the support and maintenance
of the school district as determined by the board of education of the school
district.
B.
Each professional development committee shall include classroom
teachers, administrators, school counselors or licensed mental health
providers, and parents, guardians or c
C.
In developing program recommendations, each professional development
committee shall annually utilize a data-driven approach to analyze student data
and determine district and school professional development needs. The professional development programs adopted
shall be directed toward development of competencies and instructional
strategies in the core curriculum areas for the following goals:
1.
Increasing the academic performance data scores for the district and
each school site;
2.
Closing achievement gaps among student subgroups;
3.
Increasing student achievement as demonstrated on state-mandated tests
and the ACT;
4.
Increasing high school graduation rates; and
5.
Decreasing college remediation rates.
Each program may also include
components on classroom management and student discipline strategies, outreach
to parents, guardians or con
a periodic basis at a frequency as determined by the board of education. The State Board of Education shall provide
guidelines to assist school districts in developing and implementing racial and
ethnic education components into professional development programs.
D.
At a minimum of once an academic year a A program shall
be offered which includes the following information shall be
completed the first year a certified teacher is employed by a school district,
and then once every fifth academic year:
1.
Training on recognition of child abuse and neglect;
2.
Recognition of child sexual abuse;
3.
Proper reporting of suspected abuse; and
4.
Available resources.
E.
One time per year, beginning in the 2009-2010 school year, training in
the area of autism shall be offered and all resident teachers of students in
early childhood programs through grade three shall be required to complete the
autism training during the resident year and at least one time every three (3)
years thereafter. All other teachers and
education support professionals of students in early childhood programs through
grade three shall be required to complete the autism training at least one time
every three (3) years. The autism
training shall include a minimum awareness of the characteristics of autistic
children, resources available and an introduction to positive behavior supports
to challenging behavior. Each adopted
program shall allow school counselors to receive at least one-third (1/3) of
the hours or credit required each year through programs or courses specifically
designed for school counselors.
Districts are authorized to utilize
any means for professional development that is not prohibited by law including,
but not limited to, professional development provided by the district, any
state agency, institution of higher education, or any private entity.
F.
One time per year, beginning in the 2020-2021 school year, a dyslexia
awareness program shall be offered.
Beginning in the 2023-2024 school year, the program shall include information
and training in dysgraphia. At a
minimum, the program shall include:
1.
Training in awareness of dyslexia characteristics in students;
2.
Training in effective classroom instruction to meet the needs of
students with dyslexia; and
3.
Available dyslexia resources for teachers, students and parents.
G.
Except as otherwise provided for in this subsection, each certified
teacher in this state shall be required by the district board of education to
meet the professional development requirements established by the board, or
established through the negotiation process.
Except as otherwise provided for in this subsection, the professional
development requirements established by each board of education shall require
every teacher to annually complete a minimum number of the total number of
points required to maintain employment; provided, no more than a total of
one hundred fifty (150) hours of local, state, or federal professional
development or training shall be required for classroom teachers during any
five-year period. Failure of any
teacher to meet district board of education professional development
requirements may be grounds for nonrenewal of such teacher's contract by the
board. Such failure may also be grounds
for nonconsideration of salary increments affecting the teacher. For the fiscal years ending June 30, 2011,
and June 30, 2012, a certified teacher shall not be required to complete any
points of the total number of professional development points required. Provided, a teacher may elect to complete
some or all of the minimum number of points required for the two (2) fiscal
years and any points completed shall be counted toward the total number of
points required to maintain employment.
If a teacher does not complete some or all of the minimum number of
points required for one (1) or both fiscal years, the total number of points
required to maintain employment shall be adjusted and reduced by the number of
points not completed. Teachers
shall maintain written documentation of all their completed professional
development.
H.
Each district shall annually submit a report to the State Department of
Education on the district level professional development needs, activities
completed, expenditures, and results achieved for each school year by each goal
as provided in subsection C of this section.
If a school district elects not to adopt and offer a professional
development program as provided for in subsection A of this section, the
district shall not be required to submit an annual report as required pursuant
to this subsection but shall report to the State Department of Education its
election not to offer a program and all professional development activities
completed by teachers and administrators of the school district.
I.
Subject to the availability of funds, the Department shall develop an
online system for reporting as required in subsection H of this section. The Department shall also make such
information available on its website.
SECTION 3.
AMENDATORY 70 O.S. 2021,
Section 6-194.3, is amended to read as follows:
Section 6-194.3 A. The State Department of Education and the
Department of Mental Health and Substance Abuse Services, in consultation with
school district superintendents and school district boards of education, shall
develop and make available to school districts information, training,
and resources to help school employees recognize and address the mental health
needs of students. A local school
district board of education shall require a training program for teachers which
shall emphasize the importance of recognizing and addressing the mental health
needs of students. The program shall be
completed the first year a certified teacher is employed by a school district,
and then once every third fifth academic year.
B.
The information made available to school districts shall include,
but not be limited to:
1.
Information about the services provided by community-based organizations
related to mental health, substance abuse, and trauma;
2.
Information about the impact trauma and adverse childhood experiences
can have on a student's ability to learn;
3.
The availability of mental health evaluation and treatment available by
telemedicine; and
4.
Information about evidence-based strategies for prevention of at-risk
behaviors.
SECTION 4.
AMENDATORY 70 O.S. 2021,
Section 6-195, is amended to read as follows:
Section 6-195. A. As funds are available, the State Department
of Education in consultation with the Office of Educational Quality and Accountability
shall administer an induction program for teachers which shall be approved by
the State Board of Education. Beginning
with the 2015-2016 school year, each school district shall participate in the
induction program. The program shall
include, but not be limited to:
1.
Guidance to school districts for successful induction programs;
2.
Training for school districts to include the selection, function and
duties of mentors; and
3.
Resources for appropriate professional development, support, mentorship
and coaching for the inductee and mentors.
B.
The induction program training shall be completed at a frequency as
determined by the board of education.
C. The State Board of
Education may promulgate rules for administration of the induction program.
SECTION 5.
AMENDATORY 70 O.S. 2021,
Section 11-103.6j, is amended to read as follows:
Section 11-103.6j A. The State Department of Education, in
collaboration with the Oklahoma Department of Labor, shall make available to
school districts information regarding workplace safety training for grades
seven through twelve. Such information
shall include the Oklahoma Department of Labor's "Youth @ Work Talking
Safety: A Safety and Health Curriculum
for Young Workers".
B. The State Department
of Education shall encourage school districts to inform grade-seven through
-twelve teachers about the importance of incorporating workplace safety
training in their curriculum.
C.
A local school district board of education shall require a
program for seventh-grade through twelfth-grade teachers which shall emphasize
the importance of incorporating workplace safety training into curriculum. The program shall be completed the first
year a certified teacher is employed by a school district, and then at a
frequency as determined by the local board.
D.
The State Board of Education shall promulgate rules to implement the
provisions of this act.
SECTION 6.
AMENDATORY 70 O.S. 2021,
Section 24-100.4, is amended to read as follows:
Section 24-100.4 A. Each school district board of
education shall adopt a policy for the discipline of all children attending
public school in that district, and for the investigation of reported incidents
of bullying. The policy shall provide
options for the discipline of the students and shall define standards of
conduct to which students are expected to conform. The policy shall:
1. Specifically address
bullying by students at school and by electronic communication, if the
communication is specifically directed at students or school personnel and
concerns bullying at school;
2.
Contain a procedure for reporting an act of bullying to a school
official or law enforcement agency, including a provision that permits a person
to report an act anonymously. No formal
disciplinary action shall be taken solely on the basis of an anonymous report;
3.
Contain a requirement that any school employee that has reliable
information that would lead a reasonable person to suspect that a person is a
target of bullying shall immediately report it to the principal or a designee
of the principal;
4.
Contain a statement of how the policy is to be publicized including a
requirement that:
a. an
annual written notice of the policy be provided to parents, guardians, staff,
volunteers and students, with age-appropriate language for students,
b. notice
of the policy be posted at various locations within each school site, including
but not limited to cafeterias, school bulletin boards, and administration
offices,
c. the
policy be posted on the Internet website for the school district and each
school site that has an Internet website, and
d. the
policy be included in all student and employee handbooks;
5.
Require that appropriate school district personnel involved in
investigating reports of bullying make a determination regarding whether the
conduct is actually occurring;
6.
Contain a procedure for providing timely notification to the parents or
guardians of a victim of documented and verified bullying and to the parents or
guardians of the perpetrator of the documented and verified bullying;
7.
Identify by job title the school official responsible for enforcing the
policy;
8.
Contain procedures for reporting to law enforcement all documented and
verified acts of bullying which may constitute criminal activity or reasonably
have the potential to endanger school safety;
9. Require annual
training for administrators and school employees as developed and provided by
the State Department of Education in preventing, identifying, responding to and
reporting incidents of bullying. The
training shall be completed the first year an administrator or school employee
is employed by a school district, and then once every fifth academic year;
10.
Provide for an educational program as designed and developed by the
State Department of Education and in consultation with the Office of Juvenile
Affairs for students and parents in preventing, identifying, responding to and
reporting incidents of bullying;
11.
Establish a procedure for referral of a person who commits an act of
bullying to a delinquency prevention and diversion program administered by the
Office of Juvenile Affairs;
12.
Address prevention by providing:
a. consequences
and remedial action for a person who commits an act of bullying,
b. consequences
and remedial action for a student found to have falsely accused another as a
means of retaliation, reprisal or as a means of bullying, and
c. a
strategy for providing counseling or referral to appropriate services,
including guidance, academic intervention, and other protection for students,
both targets and perpetrators, and family members affected by bullying, as
necessary;
13. Establish a procedure
for:
a. the
investigation, determination and documentation of all incidents of bullying
reported to school officials,
b. identifying
the principal or a designee of the principal as the person responsible for
investigating incidents of bullying,
c. reporting
the number of incidents of bullying, and
d. determining
the severity of the incidents and their potential to result in future violence;
14. Establish a procedure
whereby, upon completing an investigation of bullying, a school may recommend
that available community mental health care, substance abuse or other
counseling options be provided to the student, if appropriate; and
15. Establish a procedure
whereby a school may request the disclosure of any information concerning
students who have received mental health, substance abuse, or other care
pursuant to paragraph 14 of this subsection that indicates an explicit threat to
the safety of students or school personnel, provided the disclosure of the
information does not violate the requirements and provisions of the Family
Educational Rights and Privacy Act of 1974, the Health Insurance Portability
and Accountability Act of 1996, Section 2503 of Title 12 of the Oklahoma
Statutes, Section 1376 of Title 59 of the Oklahoma Statutes, or any other state
or federal laws regarding the disclosure of confidential information.
B.
In developing the policy, the district board of education shall make an
effort to involve the teachers, parents, administrators, school staff, school
volunteers, community representatives, local law enforcement agencies and
students. The students, teachers, and
parents or guardian of every child residing within a school district shall be
notified by the district board of education of its adoption of the policy and
shall receive a copy upon request. The
school district policy shall be implemented in a manner that is ongoing
throughout the school year and is integrated with other violence prevention
efforts.
C.
The teacher of a child attending a public school shall have the same
right as a parent or guardian to control and discipline such child according to
district policies during the time the child is in attendance or in transit to
or from the school or any other school function authorized by the school
district or classroom presided over by the teacher.
D. Except concerning
students on individualized education plans (IEP) pursuant to the Individuals
with Disabilities Education Act (IDEA), P.L. No. 101-476, the State Board of
Education shall not have authority to prescribe student disciplinary policies
for school districts or to proscribe corporal punishment in the public
schools. The State Board of Education
shall not have authority to require school districts to file student
disciplinary action reports more often than once each year and shall not use
disciplinary action reports in determining a school district's or school site's
eligibility for program assistance including competitive grants.
E. The board of education
of each school district in this state shall have the option of adopting a dress
code for students enrolled in the school district. The board of education of a school district
shall also have the option of adopting a dress code which includes school
uniforms.
F. The board of education
of each school district in this state shall have the option of adopting a
procedure that requires students to perform campus-site service for violating
the district's policy.
G. The State Board of
Education shall:
1. Promulgate rules for
periodically monitoring school districts for compliance with this section and
providing sanctions for noncompliance with this section;
2. Establish and maintain
a central repository for the collection of information regarding documented and
verified incidents of bullying; and
3. Publish a report
annually on the State Department of Education website regarding the number of documented
and verified incidents of bullying in the public schools in the state.
SECTION 7.
AMENDATORY 70 O.S. 2021,
Section 24-100.7, is amended to read as follows:
Section 24-100.7 A. The board of education of each school
district in this state shall adopt a policy regarding suicide awareness and
training, requiring staff training and the reporting of student drug abuse.
B. The board of education
of each school district in this state shall provide district-wide
training to all staff on a biennial basis members in their first year
employed by the school district, and then once every fifth academic year,
addressing suicide awareness and prevention.
The Department of Mental Health and Substance Abuse Services shall make
available to school districts curriculum for staff which addresses suicide
awareness and prevention, without cost to the school districts. The course outline for the curriculum shall
be made available to the public online through the school district
website. Beginning with the 2021-2022
school year, every school district shall:
1. Provide a suicide
prevention training program which includes as a core element evidence-based
approaches;
2. Provide the curriculum
made available by the Department of Mental Health and Substance Abuse Services;
or
3. Provide a suicide
prevention training program that is selected by the school district from a list
maintained by the Department of Mental Health and Substance Abuse Services to
school district staff that addresses suicide awareness and prevention. The training program may be combined with any
other training provided by the school district addressing bullying prevention.
C. Beginning with the
2022-2023 school year, the board of education of each school district may
provide training to address suicide awareness and prevention to students in
grades seven through twelve.
D. Teachers, counselors,
principals, administrators and other school personnel shall be immune from
employment discipline and any civil liability for:
1. Calling the 911
emergency telephone number, law enforcement or the Department of Human Services
if they believe a student poses a threat to themselves or others or if a
student has committed or been the victim of a violent act or threat of a
violent act;
2. Providing referral,
emergency medical care or other assistance offered in good faith to a student
or other youth; or
3. Communicating
information in good faith concerning drug or alcohol abuse or a potential
safety threat by or to any student to the parents or legal guardians of the
student, law enforcement officers or health care providers.
E. No person shall have a
cause of action for any loss or damage caused by any act or omission resulting
from the implementation of this section or resulting from any training, or lack
thereof, required by this section, unless the loss or damage was caused by
willful or wanton misconduct.
F. The training required
pursuant to this section, or the lack thereof, shall not be construed to impose
any specific duty of care.
G. The board of education
of each school district may enter into agreements with designated Youth
Services Agencies for the provision of intervention and prevention services.
H. Teachers, counselors,
principals, administrators or other school personnel, upon determining that a
student is at risk of attempting suicide, shall notify the parents or legal
guardians of the student immediately upon determining that such risk exists.
SECTION 8.
AMENDATORY 70 O.S. 2021,
Section 1210.229-5, is amended to read as follows:
Section 1210.229-5
A. The State Superintendent of
Public Instruction and State Department of Education in conjunction with the
Oklahoma Drug and Alcohol Abuse Policy Board shall:
1.
Establish objective criteria, guidelines and a comprehensive integrated
curriculum for substance abuse programs and the teaching of life skills in
local schools and school districts;
2.
Establish and review annually model policies for alcohol and drug abuse
issues, including, but not limited to, policies regarding
disciplinary actions and referral for services;
3.
Develop and implement strategies which encourage all schools to employ
guidance counselors trained in substance abuse prevention and life skills and
to develop and begin implementing quality substance abuse and life skills
education programs; and
4.
Develop guidelines and criteria to encourage teachers and administrators
to receive in-service training on alcohol and drug abuse. The training or workshops should shall
be included in the staff development point system. The training or workshop shall be completed
the first year a certified teacher is employed by a school district, and then
once every third fifth academic year.
B.
The State Department of Education shall distribute information or
reports provided by the Oklahoma Drug and Alcohol Abuse Policy Board, to each
school district and, upon request, to members of the public. Upon request of the chief administrator of a
school or school district, the Department shall provide technical assistance to
schools and school districts to implement policies and programs pursuant to
guidelines provided by the Oklahoma Drug and Alcohol Abuse Policy Board and
shall provide a clearinghouse program accessible by school districts to provide
information about life skills and drug and alcohol abuse prevention curricula
and programs.
C. Final determination of
materials to be used, means of implementation of the curriculum, and ages and
times at which students receive instruction about said life skills and
drug and alcohol abuse prevention shall be made by the local school district
board of education. The local
school district, at least one (1) month prior to giving such instruction to
students, shall conduct for parents and guardians of students involved, during
weekend or evening hours, at least one presentation concerning the plans for
instruction and the materials to be used.
No student shall be required to receive instruction about said
life skills and drug and alcohol abuse prevention if a parent or guardian of
the student objects in writing.
SECTION 9.
This act shall become effective July 1, 2023.
SECTION 10.
It being immediately necessary for the preservation of the public peace,
health or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the House of
Representatives the 23rd day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 17th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________