1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
|FOR |
5|HOUSE BILL NO. 1441 By: Provenzano |
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6| |
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7| COMMITTEE SUBSTITUTE |
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8| An Act relating to schools; amending 70 O.S. 2021, |
| Sections 6-192 and 6-194, as amended by Section 1, |
9| Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
| 6-194), which relate to professional development; |
10| requiring digital program to be completed at a |
| frequency determined by the board of education; |
11| deleting outdated language; authorizing completion of |
| certain programs at a frequency determined by the |
12| board; modifying frequency of child abuse training; |
| establishing maximum amount of mandatory professional |
13| development and training in a five-year period; |
| requiring teachers to maintain certain documentation; |
14| amending 70 O.S. 2021, Section 6-194.3, which relates |
| to student mental health training for teachers; |
15| modifying frequency of training; amending 70 O.S. |
| 2021, Section 6-195, which relates to teacher |
16| induction programs; authorizing board to establish |
| frequency for training; amending 70 O.S. 2021, |
17| Section 11-103.6j, which relates to workplace safety |
| training curriculum; requiring board to determine |
18| frequency of training; amending 70 O.S. 2021, Section |
| 24-100.4, which relates to the School Safety and |
19| Bullying Prevention Act; altering frequency of |
| bullying prevention training; amending 70 O.S. 2021, |
20| Section 24-100.7, which relates to suicide awareness |
| and prevention; adjusting frequency of training; |
21| amending 70 O.S. 2021, Section 1210.229-5, which |
| relates to substance abuse programs; modifying |
22| frequency of teacher training; providing an effective |
| date; and declaring an emergency. |
23| |
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24| |
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arsid4474168 HB1441 HFLR Page 1
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1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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2| SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-192, is |
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3|amended to read as follows: |
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4| Section 6-192. A. It is hereby declared to be the intent of |
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5|the Legislature to establish a professional development procedure |
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6|whereby all teachers in the state continue their education beyond |
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7|initial certification by the state to ensure that the children of |
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8|the state are taught by professional educators, fully prepared in |
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9|their areas of expertise. Furthermore, such professional |
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10|development procedure shall provide alternative means of education, |
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11|including one or more of the following: In-service programs, higher |
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12|education courses, or other alternative means of education designed |
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13|to help teachers enrich their professional abilities. |
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14| B. The professional development procedure shall include digital |
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15|teaching and learning standards to enhance content delivery to |
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16|students and improve student achievement. A local school district |
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17|board of education shall require a program for teachers which shall |
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18|emphasize the importance of digital teaching and learning standards. |
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19| The program shall be completed the first year a certified teacher |
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20|is employed by a school district, and then at a frequency as |
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21|determined by the local board of education. |
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22| SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, as |
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23|amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, |
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24|Section 6-194), is amended to read as follows: |
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arsid4474168 HB1441 HFLR Page 2
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1| Section 6-194. A. The district boards of education of this |
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2|state shall establish professional development programs for the |
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3|certified teachers and administrators of the district. Programs |
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4|shall be adopted by each board based upon recommendations of a |
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5|professional development committee appointed by the board of |
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6|education for the district. For the fiscal years ending June 30, |
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7|2011, and June 30, 2012, a school district board of education may |
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8|elect not to adopt and offer a professional development program for |
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9|certified teachers and administrators of the district. If a school |
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10|district elects not to adopt and offer a professional development |
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11|program, the district may expend any monies allocated for |
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12|professional development for any purpose related to the support and |
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13|maintenance of the school district as determined by the board of |
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14|education of the school district. |
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15| B. Each professional development committee shall include |
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16|classroom teachers, administrators, school counselors or licensed |
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17|mental health providers, and parents, guardians or custodians of |
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18|children in the school district and shall consult with a higher |
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19|education faculty. A majority of the members of the professional |
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20|development committee shall be composed of classroom teachers. The |
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21|teacher members shall be selected by a designated administrator of |
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22|the school district from a list of names submitted by the teachers |
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23|in the school district. The members selected shall be subject to |
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24|the approval of a majority vote of the teachers in the district. |
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1| C. In developing program recommendations, each professional |
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2|development committee shall annually utilize a data-driven approach |
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3|to analyze student data and determine district and school |
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4|professional development needs. The professional development |
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5|programs adopted shall be directed toward development of |
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6|competencies and instructional strategies in the core curriculum |
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7|areas for the following goals: |
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8| 1. Increasing the academic performance data scores for the |
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9|district and each school site; |
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10| 2. Closing achievement gaps among student subgroups; |
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11| 3. Increasing student achievement as demonstrated on |
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12|state-mandated tests and the ACT; |
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13| 4. Increasing high school graduation rates; and |
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14| 5. Decreasing college remediation rates. |
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15| Each program may also include components on classroom management |
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16|and student discipline strategies, outreach to parents, guardians or |
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17|custodians of students, special education, and racial and ethnic |
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18|education, which all personnel defined as teachers in Section 1-116 |
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19|of this title shall be required to complete on a periodic basis at a |
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20|frequency as determined by the board of education. The State Board |
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21|of Education shall provide guidelines to assist school districts in |
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22|developing and implementing racial and ethnic education components |
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23|into professional development programs. |
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24| |
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1| D. At a minimum of once an academic year a A program shall be |
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2|offered which includes the following information shall be completed |
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3|the first year a certified teacher is employed by a school district, |
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4|and then once every fifth academic year: |
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5| 1. Training on recognition of child abuse and neglect; |
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6| 2. Recognition of child sexual abuse; |
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7| 3. Proper reporting of suspected abuse; and |
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8| 4. Available resources. |
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9| E. One time per year, beginning in the 2009-2010 school year, |
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10|training in the area of autism shall be offered and all resident |
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11|teachers of students in early childhood programs through grade three |
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12|shall be required to complete the autism training during the |
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13|resident year and at least one time every three (3) years |
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14|thereafter. All other teachers and education support professionals |
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15|of students in early childhood programs through grade three shall be |
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16|required to complete the autism training at least one time every |
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17|three (3) years. The autism training shall include a minimum |
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18|awareness of the characteristics of autistic children, resources |
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19|available and an introduction to positive behavior supports to |
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20|challenging behavior. Each adopted program shall allow school |
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21|counselors to receive at least one-third (1/3) of the hours or |
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22|credit required each year through programs or courses specifically |
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23|designed for school counselors. |
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24| |
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1| Districts are authorized to utilize any means for professional |
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2|development that is not prohibited by law including, but not limited |
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3|to, professional development provided by the district, any state |
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4|agency, institution of higher education, or any private entity. |
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5| F. One time per year, beginning in the 2020-2021 school year, a |
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6|dyslexia awareness program shall be offered. Beginning in the |
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7|2023-2024 school year, the program shall include information and |
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8|training in dysgraphia. At a minimum, the program shall include: |
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9| 1. Training in awareness of dyslexia characteristics in |
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10|students; |
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11| 2. Training in effective classroom instruction to meet the |
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12|needs of students with dyslexia; and |
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13| 3. Available dyslexia resources for teachers, students and |
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14|parents. |
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15| G. Except as otherwise provided for in this subsection, each |
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16|certified teacher in this state shall be required by the district |
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17|board of education to meet the professional development requirements |
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18|established by the board, or established through the negotiation |
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19|process. Except as otherwise provided for in this subsection, the |
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20|professional development requirements established by each board of |
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21|education shall require every teacher to annually complete a minimum |
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22|number of the total number of points required to maintain |
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23|employment; provided, no more than a total of one hundred fifty |
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24|(150) hours of local, state, or federal professional development or |
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1|training shall be required for classroom teachers during any |
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2|five-year period. Failure of any teacher to meet district board of |
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3|education professional development requirements may be grounds for |
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4|nonrenewal of such teacher's contract by the board. Such failure |
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5|may also be grounds for nonconsideration of salary increments |
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6|affecting the teacher. For the fiscal years ending June 30, 2011, |
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7|and June 30, 2012, a certified teacher shall not be required to |
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8|complete any points of the total number of professional development |
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9|points required. Provided, a teacher may elect to complete some or |
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10|all of the minimum number of points required for the two (2) fiscal |
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11|years and any points completed shall be counted toward the total |
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12|number of points required to maintain employment. If a teacher does |
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13|not complete some or all of the minimum number of points required |
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14|for one (1) or both fiscal years, the total number of points |
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15|required to maintain employment shall be adjusted and reduced by the |
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16|number of points not completed. Teachers shall maintain written |
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17|documentation of all their completed professional development. |
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18| H. Each district shall annually submit a report to the State |
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19|Department of Education on the district level professional |
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20|development needs, activities completed, expenditures, and results |
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21|achieved for each school year by each goal as provided in subsection |
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22|C of this section. If a school district elects not to adopt and |
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23|offer a professional development program as provided for in |
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24|subsection A of this section, the district shall not be required to |
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1|submit an annual report as required pursuant to this subsection but |
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2|shall report to the State Department of Education its election not |
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3|to offer a program and all professional development activities |
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4|completed by teachers and administrators of the school district. |
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5| I. Subject to the availability of funds, the Department shall |
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6|develop an online system for reporting as required in subsection H |
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7|of this section. The Department shall also make such information |
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8|available on its website. |
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9| SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-194.3, is |
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10|amended to read as follows: |
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11| Section 6-194.3 A. The State Department of Education and the |
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12|Department of Mental Health and Substance Abuse Services, in |
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13|consultation with school district superintendents and school |
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14|district boards of education, shall develop and make available to |
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15|school districts information, training, and resources to help school |
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16|employees recognize and address the mental health needs of students. |
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17| A local school district board of education shall require a training |
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18|program for teachers which shall emphasize the importance of |
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19|recognizing and addressing the mental health needs of students. The |
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20|program shall be completed the first year a certified teacher is |
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21|employed by a school district, and then once every third fifth |
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22|academic year. |
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23| B. The information made available to school districts shall |
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24|include, but not be limited to: |
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1| 1. Information about the services provided by community-based |
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2|organizations related to mental health, substance abuse, and trauma; |
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3| 2. Information about the impact trauma and adverse childhood |
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4|experiences can have on a student's ability to learn; |
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5| 3. The availability of mental health evaluation and treatment |
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6|available by telemedicine; and |
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7| 4. Information about evidence-based strategies for prevention |
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8|of at-risk behaviors. |
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9| SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-195, is |
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10|amended to read as follows: |
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11| Section 6-195. A. As funds are available, the State Department |
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12|of Education in consultation with the Office of Educational Quality |
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13|and Accountability shall administer an induction program for |
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14|teachers which shall be approved by the State Board of Education. |
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15|Beginning with the 2015-2016 school year, each school district shall |
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16|participate in the induction program. The program shall include, |
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17|but not be limited to: |
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18| 1. Guidance to school districts for successful induction |
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19|programs; |
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20| 2. Training for school districts to include the selection, |
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21|function and duties of mentors; and |
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22| 3. Resources for appropriate professional development, support, |
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23|mentorship and coaching for the inductee and mentors. |
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24| |
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1| B. The induction program training shall be completed at a |
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2|frequency as determined by the board of education. |
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3| C. The State Board of Education may promulgate rules for |
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4|administration of the induction program. |
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5| SECTION 5. AMENDATORY 70 O.S. 2021, Section 11-103.6j, |
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6|is amended to read as follows: |
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7| Section 11-103.6j A. The State Department of Education, in |
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8|collaboration with the Oklahoma Department of Labor, shall make |
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9|available to school districts information regarding workplace safety |
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10|training for grades seven through twelve. Such information shall |
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11|include the Oklahoma Department of Labor's "Youth @ Work Talking |
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12|Safety: A Safety and Health Curriculum for Young Workers". |
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13| B. The State Department of Education shall encourage school |
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14|districts to inform grade-seven through -twelve teachers about the |
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15|importance of incorporating workplace safety training in their |
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16|curriculum. |
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17| C. A local school district board of education shall require a |
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18|program for seventh-grade through twelfth-grade teachers which shall |
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19|emphasize the importance of incorporating workplace safety training |
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20|into curriculum. The program shall be completed the first year a |
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21|certified teacher is employed by a school district, and then at a |
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22|frequency as determined by the local board. |
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23| D. The State Board of Education shall promulgate rules to |
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24|implement the provisions of this act. |
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1| SECTION 6. AMENDATORY 70 O.S. 2021, Section 24-100.4, is |
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2|amended to read as follows: |
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3| Section 24-100.4 A. Each school district board of education |
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4|shall adopt a policy for the discipline of all children attending |
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5|public school in that district, and for the investigation of |
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6|reported incidents of bullying. The policy shall provide options |
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7|for the discipline of the students and shall define standards of |
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8|conduct to which students are expected to conform. The policy |
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9|shall: |
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10| 1. Specifically address bullying by students at school and by |
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11|electronic communication, if the communication is specifically |
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12|directed at students or school personnel and concerns bullying at |
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13|school; |
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14| 2. Contain a procedure for reporting an act of bullying to a |
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15|school official or law enforcement agency, including a provision |
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16|that permits a person to report an act anonymously. No formal |
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17|disciplinary action shall be taken solely on the basis of an |
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18|anonymous report; |
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19| 3. Contain a requirement that any school employee that has |
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20|reliable information that would lead a reasonable person to suspect |
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21|that a person is a target of bullying shall immediately report it to |
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22|the principal or a designee of the principal; |
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23| 4. Contain a statement of how the policy is to be publicized |
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24|including a requirement that: |
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1| a. an annual written notice of the policy be provided to |
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2| parents, guardians, staff, volunteers and students, |
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3| with age-appropriate language for students, |
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4| b. notice of the policy be posted at various locations |
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5| within each school site, including but not limited to |
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6| cafeterias, school bulletin boards, and administration |
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7| offices, |
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8| c. the policy be posted on the Internet website for the |
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9| school district and each school site that has an |
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10| Internet website, and |
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11| d. the policy be included in all student and employee |
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12| handbooks; |
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13| 5. Require that appropriate school district personnel involved |
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14|in investigating reports of bullying make a determination regarding |
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15|whether the conduct is actually occurring; |
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16| 6. Contain a procedure for providing timely notification to the |
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17|parents or guardians of a victim of documented and verified bullying |
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18|and to the parents or guardians of the perpetrator of the documented |
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19|and verified bullying; |
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20| 7. Identify by job title the school official responsible for |
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21|enforcing the policy; |
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22| 8. Contain procedures for reporting to law enforcement all |
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23|documented and verified acts of bullying which may constitute |
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24| |
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1|criminal activity or reasonably have the potential to endanger |
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2|school safety; |
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3| 9. Require annual training for administrators and school |
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4|employees as developed and provided by the State Department of |
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5|Education in preventing, identifying, responding to and reporting |
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6|incidents of bullying. The training shall be completed the first |
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7|year an administrator or school employee is employed by a school |
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8|district, and then once every fifth academic year; |
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9| 10. Provide for an educational program as designed and |
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10|developed by the State Department of Education and in consultation |
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11|with the Office of Juvenile Affairs for students and parents in |
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12|preventing, identifying, responding to and reporting incidents of |
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13|bullying; |
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14| 11. Establish a procedure for referral of a person who commits |
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15|an act of bullying to a delinquency prevention and diversion program |
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16|administered by the Office of Juvenile Affairs; |
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17| 12. Address prevention by providing: |
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18| a. consequences and remedial action for a person who |
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19| commits an act of bullying, |
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20| b. consequences and remedial action for a student found |
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21| to have falsely accused another as a means of |
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22| retaliation, reprisal or as a means of bullying, and |
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23| c. a strategy for providing counseling or referral to |
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24| appropriate services, including guidance, academic |
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1| intervention, and other protection for students, both |
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2| targets and perpetrators, and family members affected |
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3| by bullying, as necessary; |
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4| 13. Establish a procedure for: |
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5| a. the investigation, determination and documentation of |
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6| all incidents of bullying reported to school |
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7| officials, |
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8| b. identifying the principal or a designee of the |
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9| principal as the person responsible for investigating |
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10| incidents of bullying, |
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11| c. reporting the number of incidents of bullying, and |
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12| d. determining the severity of the incidents and their |
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13| potential to result in future violence; |
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14| 14. Establish a procedure whereby, upon completing an |
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15|investigation of bullying, a school may recommend that available |
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16|community mental health care, substance abuse or other counseling |
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17|options be provided to the student, if appropriate; and |
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18| 15. Establish a procedure whereby a school may request the |
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19|disclosure of any information concerning students who have received |
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20|mental health, substance abuse, or other care pursuant to paragraph |
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21|14 of this subsection that indicates an explicit threat to the |
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22|safety of students or school personnel, provided the disclosure of |
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23|the information does not violate the requirements and provisions of |
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24|the Family Educational Rights and Privacy Act of 1974, the Health |
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1|Insurance Portability and Accountability Act of 1996, Section 2503 |
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2|of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of |
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3|the Oklahoma Statutes, or any other state or federal laws regarding |
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4|the disclosure of confidential information. |
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5| B. In developing the policy, the district board of education |
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6|shall make an effort to involve the teachers, parents, |
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7|administrators, school staff, school volunteers, community |
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8|representatives, local law enforcement agencies and students. The |
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9|students, teachers, and parents or guardian of every child residing |
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10|within a school district shall be notified by the district board of |
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11|education of its adoption of the policy and shall receive a copy |
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12|upon request. The school district policy shall be implemented in a |
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13|manner that is ongoing throughout the school year and is integrated |
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14|with other violence prevention efforts. |
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15| C. The teacher of a child attending a public school shall have |
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16|the same right as a parent or guardian to control and discipline |
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17|such child according to district policies during the time the child |
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18|is in attendance or in transit to or from the school or any other |
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19|school function authorized by the school district or classroom |
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20|presided over by the teacher. |
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21| D. Except concerning students on individualized education plans |
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22|(IEP) pursuant to the Individuals with Disabilities Education Act |
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23|(IDEA), P.L. No. 101-476, the State Board of Education shall not |
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24|have authority to prescribe student disciplinary policies for school |
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1|districts or to proscribe corporal punishment in the public schools. |
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2| The State Board of Education shall not have authority to require |
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3|school districts to file student disciplinary action reports more |
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4|often than once each year and shall not use disciplinary action |
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5|reports in determining a school district's or school site's |
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6|eligibility for program assistance including competitive grants. |
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7| E. The board of education of each school district in this state |
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8|shall have the option of adopting a dress code for students enrolled |
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9|in the school district. The board of education of a school district |
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10|shall also have the option of adopting a dress code which includes |
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11|school uniforms. |
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12| F. The board of education of each school district in this state |
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13|shall have the option of adopting a procedure that requires students |
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14|to perform campus-site service for violating the district's policy. |
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15| G. The State Board of Education shall: |
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16| 1. Promulgate rules for periodically monitoring school |
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17|districts for compliance with this section and providing sanctions |
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18|for noncompliance with this section; |
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19| 2. Establish and maintain a central repository for the |
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20|collection of information regarding documented and verified |
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21|incidents of bullying; and |
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22| 3. Publish a report annually on the State Department of |
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23|Education website regarding the number of documented and verified |
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24|incidents of bullying in the public schools in the state. |
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1| SECTION 7. AMENDATORY 70 O.S. 2021, Section 24-100.7, is |
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2|amended to read as follows: |
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3| Section 24-100.7 A. The board of education of each school |
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4|district in this state shall adopt a policy regarding suicide |
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5|awareness and training, requiring staff training and the reporting |
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6|of student drug abuse. |
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7| B. The board of education of each school district in this state |
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8|shall provide district-wide training to all staff on a biennial |
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9|basis members in their first year employed by the school district, |
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10|and then once every fifth academic year, addressing suicide |
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11|awareness and prevention. The Department of Mental Health and |
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12|Substance Abuse Services shall make available to school districts |
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13|curriculum for staff which addresses suicide awareness and |
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14|prevention, without cost to the school districts. The course |
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15|outline for the curriculum shall be made available to the public |
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16|online through the school district website. Beginning with the |
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17|2021-2022 school year, every school district shall: |
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18| 1. Provide a suicide prevention training program which includes |
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19|as a core element evidence-based approaches; |
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20| 2. Provide the curriculum made available by the Department of |
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21|Mental Health and Substance Abuse Services; or |
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22| 3. Provide a suicide prevention training program that is |
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23|selected by the school district from a list maintained by the |
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24|Department of Mental Health and Substance Abuse Services to school |
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1|district staff that addresses suicide awareness and prevention. The |
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2|training program may be combined with any other training provided by |
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3|the school district addressing bullying prevention. |
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4| C. Beginning with the 2022-2023 school year, the board of |
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5|education of each school district may provide training to address |
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6|suicide awareness and prevention to students in grades seven through |
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7|twelve. |
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8| D. Teachers, counselors, principals, administrators and other |
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9|school personnel shall be immune from employment discipline and any |
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10|civil liability for: |
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11| 1. Calling the 911 emergency telephone number, law enforcement |
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12|or the Department of Human Services if they believe a student poses |
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13|a threat to themselves or others or if a student has committed or |
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14|been the victim of a violent act or threat of a violent act; |
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15| 2. Providing referral, emergency medical care or other |
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16|assistance offered in good faith to a student or other youth; or |
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17| 3. Communicating information in good faith concerning drug or |
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18|alcohol abuse or a potential safety threat by or to any student to |
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19|the parents or legal guardians of the student, law enforcement |
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20|officers or health care providers. |
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21| E. No person shall have a cause of action for any loss or |
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22|damage caused by any act or omission resulting from the |
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23|implementation of this section or resulting from any training, or |
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24| |
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1|lack thereof, required by this section, unless the loss or damage |
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2|was caused by willful or wanton misconduct. |
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3| F. The training required pursuant to this section, or the lack |
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4|thereof, shall not be construed to impose any specific duty of care. |
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5| G. The board of education of each school district may enter |
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6|into agreements with designated Youth Services Agencies for the |
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7|provision of intervention and prevention services. |
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8| H. Teachers, counselors, principals, administrators or other |
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9|school personnel, upon determining that a student is at risk of |
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10|attempting suicide, shall notify the parents or legal guardians of |
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11|the student immediately upon determining that such risk exists. |
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12| SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.229-5, |
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13|is amended to read as follows: |
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14| Section 1210.229-5 A. The State Superintendent of Public |
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15|Instruction and State Department of Education in conjunction with |
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16|the Oklahoma Drug and Alcohol Abuse Policy Board shall: |
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17| 1. Establish objective criteria, guidelines and a comprehensive |
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18|integrated curriculum for substance abuse programs and the teaching |
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19|of life skills in local schools and school districts; |
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20| 2. Establish and review annually model policies for alcohol and |
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21|drug abuse issues, including, but not limited to, policies regarding |
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22|disciplinary actions and referral for services; |
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23| 3. Develop and implement strategies which encourage all schools |
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24|to employ guidance counselors trained in substance abuse prevention |
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1|and life skills and to develop and begin implementing quality |
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2|substance abuse and life skills education programs; and |
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3| 4. Develop guidelines and criteria to encourage teachers and |
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4|administrators to receive in-service training on alcohol and drug |
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5|abuse. The training or workshops should shall be included in the |
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6|staff development point system. The training or workshop shall be |
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7|completed the first year a certified teacher is employed by a school |
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8|district, and then once every third fifth academic year. |
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9| B. The State Department of Education shall distribute |
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10|information or reports provided by the Oklahoma Drug and Alcohol |
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11|Abuse Policy Board, to each school district and, upon request, to |
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12|members of the public. Upon request of the chief administrator of a |
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13|school or school district, the Department shall provide technical |
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14|assistance to schools and school districts to implement policies and |
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15|programs pursuant to guidelines provided by the Oklahoma Drug and |
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16|Alcohol Abuse Policy Board and shall provide a clearinghouse program |
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17|accessible by school districts to provide information about life |
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18|skills and drug and alcohol abuse prevention curricula and programs. |
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19| C. Final determination of materials to be used, means of |
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20|implementation of the curriculum, and ages and times at which |
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21|students receive instruction about said life skills and drug and |
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22|alcohol abuse prevention shall be made by the local school district |
| |
23|board of education. The local school district, at least one (1) |
| |
24|month prior to giving such instruction to students, shall conduct |
| |
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1|for parents and guardians of students involved, during weekend or |
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2|evening hours, at least one presentation concerning the plans for |
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3|instruction and the materials to be used. No student shall be |
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4|required to receive instruction about said life skills and drug and |
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5|alcohol abuse prevention if a parent or guardian of the student |
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6|objects in writing. |
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7| SECTION 9. This act shall become effective July 1, 2023. |
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8| SECTION 10. It being immediately necessary for the preservation |
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9|of the public peace, health or safety, an emergency is hereby |
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10|declared to exist, by reason whereof this act shall take effect and |
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11|be in full force from and after its passage and approval. |
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12| |
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13|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2023 |
|- DO PASS, As Amended. |
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