BILL NO. 1634 By: Staires and Davis of the House
Bergstrom of the Senate
An Act relating to schools; amending 70 O.S. 2021, Section 24-102, which relates to student searches; updating statutory language and references; allowing for search of shoes and hand and head coverings of students; providing an exception for religious head coverings; authorizing superintendent to make certain designation for purposes of transporting certain items; prescribing procedures; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-102, is amended to read as follows:
Section 24-102. A. The superintendent, principal, teacher, or
security personnel of any public school in the State of Oklahoma, upon
reasonable suspicion, shall have the authority to detain and search or
authorize the search, of any pupil or property in the possession of the pupil
said the pupil is on any school premises, or while in
transit under the authority of the school, or while attending any function
sponsored or authorized by the school, for dangerous weapons, controlled
dangerous substances, as defined in the Uniform Controlled Dangerous Substances
Act, intoxicating alcoholic beverages, low-point beer, as
defined by Section 163.2 of Title 37 of the Oklahoma Statutes in the
Oklahoma Alcoholic Beverage Control Act, or for missing or stolen property
if said the property be is reasonably suspected to
have been taken from a pupil, a school employee or the school during school
activities. The search shall be
conducted by a person of the same sex as the person being searched and shall be
witnessed by at least one other authorized person, said person to be of the
same sex if practicable.
B. The extent of any search conducted pursuant to this section shall be reasonably related to the objective of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. In no event shall a strip search of a student be allowed. No student's clothing, except cold weather outerwear, shoes, and hand and head coverings, except religious head coverings, shall be removed prior to or during the conduct of any warrantless search.
C. The superintendent,
principal, teacher, or security personnel searching or authorizing the search
shall have authority to detain the pupil to be searched and to preserve any
dangerous weapons, controlled dangerous substances,
beverages, low-point beer, or missing or stolen property that might be
in the pupil's possession including the authority to authorize any other
persons they deem necessary to restrain such pupil or to preserve any dangerous
weapons, controlled dangerous substances, intoxicating alcoholic
beverages, low-point beer, or missing or stolen property. Students found to be in possession of such an
item shall be subject to the provisions of Section 24-101.3 of this title.
D. Pupils shall not have any reasonable expectation of privacy towards school administrators or teachers in the contents of a school locker, desk, or other school property. School personnel shall have access to school lockers, desks, and other school property in order to properly supervise the welfare of pupils. School lockers, desks, and other areas of school facilities may be opened and examined by school officials at any time and no reason shall be necessary for such search. Schools shall inform pupils in the student discipline code that they have no reasonable expectation of privacy rights towards school officials in school lockers, desks, or other school property.
E. The superintendent may designate school personnel to transport items preserved as provided for in subsection C of this section from a school site to a centralized location within the school district or to local law enforcement offices for lawful disposal. While in transport, the designated school personnel shall carry their school identification and a letter from the superintendent confirming their authority to transport the items for disposal. All items transported for disposal pursuant to this subsection shall be transported in a locked container.
SECTION 2. This act shall become effective November 1, 2023.
Presiding Officer of the House
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.
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.