1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2048 By: Nichols | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; 70 O.S. 2021, Section | | 24-100.4, which relates to the School Safety and | 8| Bullying Prevention Act; requiring school dress code | | to have reasonable connection to educational | 9| function; prohibiting race discrimination based on | | natural hair or hairstyles; defining terms; and | 10| providing an effective date. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-100.4, is | | | 15|amended to read as follows: | | | 16| Section 24-100.4 A. Each district board of education shall | | | 17|adopt a policy for the discipline of all children attending public | | | 18|school in that district, and for the investigation of reported | | | 19|incidents of bullying. The policy shall provide options for the | | | 20|discipline of the students and shall define standards of conduct to | | | 21|which students are expected to conform. The policy shall: | | | 22| 1. Specifically address bullying by students at school and by | | | 23|electronic communication, if the communication is specifically | | | 24| | | | Req. No. 6821 Page 1 ___________________________________________________________________________
1|directed at students or school personnel and concerns bullying at | | | 2|school; | | | 3| 2. Contain a procedure for reporting an act of bullying to a | | | 4|school official or law enforcement agency, including a provision | | | 5|that permits a person to report an act anonymously. No formal | | | 6|disciplinary action shall be taken solely on the basis of an | | | 7|anonymous report; | | | 8| 3. Contain a requirement that any school employee that has | | | 9|reliable information that would lead a reasonable person to suspect | | | 10|that a person is a target of bullying shall immediately report it to | | | 11|the principal or a designee of the principal; | | | 12| 4. Contain a statement of how the policy is to be publicized | | | 13|including a requirement that: | | | 14| a. an annual written notice of the policy be provided to | | | 15| parents, guardians, staff, volunteers and students, | | | 16| with age-appropriate language for students, | | | 17| b. notice of the policy be posted at various locations | | | 18| within each school site, including but not limited to | | | 19| cafeterias, school bulletin boards, and administration | | | 20| offices, | | | 21| c. the policy be posted on the Internet website for the | | | 22| school district and each school site that has an | | | 23| Internet website, and | | | 24| | | | Req. No. 6821 Page 2 ___________________________________________________________________________
1| d. the policy be included in all student and employee | | | 2| handbooks; | | | 3| 5. Require that appropriate school district personnel involved | | | 4|in investigating reports of bullying make a determination regarding | | | 5|whether the conduct is actually occurring; | | | 6| 6. Contain a procedure for providing timely notification to the | | | 7|parents or guardians of a victim of documented and verified bullying | | | 8|and to the parents or guardians of the perpetrator of the documented | | | 9|and verified bullying; | | | 10| 7. Identify by job title the school official responsible for | | | 11|enforcing the policy; | | | 12| 8. Contain procedures for reporting to law enforcement all | | | 13|documented and verified acts of bullying which may constitute | | | 14|criminal activity or reasonably have the potential to endanger | | | 15|school safety; | | | 16| 9. Require annual training for administrators and school | | | 17|employees as developed and provided by the State Department of | | | 18|Education in preventing, identifying, responding to and reporting | | | 19|incidents of bullying; | | | 20| 10. Provide for an educational program as designed and | | | 21|developed by the State Department of Education and in consultation | | | 22|with the Office of Juvenile Affairs for students and parents in | | | 23|preventing, identifying, responding to and reporting incidents of | | | 24|bullying; | | | Req. No. 6821 Page 3 ___________________________________________________________________________
1| 11. Establish a procedure for referral of a person who commits | | | 2|an act of bullying to a delinquency prevention and diversion program | | | 3|administered by the Office of Juvenile Affairs; | | | 4| 12. Address prevention by providing: | | | 5| a. consequences and remedial action for a person who | | | 6| commits an act of bullying, | | | 7| b. consequences and remedial action for a student found | | | 8| to have falsely accused another as a means of | | | 9| retaliation, reprisal or as a means of bullying, and | | | 10| c. a strategy for providing counseling or referral to | | | 11| appropriate services, including guidance, academic | | | 12| intervention, and other protection for students, both | | | 13| targets and perpetrators, and family members affected | | | 14| by bullying, as necessary; | | | 15| 13. Establish a procedure for: | | | 16| a. the investigation, determination and documentation of | | | 17| all incidents of bullying reported to school | | | 18| officials, | | | 19| b. identifying the principal or a designee of the | | | 20| principal as the person responsible for investigating | | | 21| incidents of bullying, | | | 22| c. reporting the number of incidents of bullying, and | | | 23| d. determining the severity of the incidents and their | | | 24| potential to result in future violence; | | | Req. No. 6821 Page 4 ___________________________________________________________________________
1| 14. Establish a procedure whereby, upon completing an | | | 2|investigation of bullying, a school may recommend that available | | | 3|community mental health care, substance abuse or other counseling | | | 4|options be provided to the student, if appropriate; and | | | 5| 15. Establish a procedure whereby a school may request the | | | 6|disclosure of any information concerning students who have received | | | 7|mental health, substance abuse, or other care pursuant to paragraph | | | 8|14 of this subsection that indicates an explicit threat to the | | | 9|safety of students or school personnel, provided the disclosure of | | | 10|the information does not violate the requirements and provisions of | | | 11|the Family Educational Rights and Privacy Act of 1974, the Health | | | 12|Insurance Portability and Accountability Act of 1996, Section 2503 | | | 13|of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of | | | 14|the Oklahoma Statutes, or any other state or federal laws regarding | | | 15|the disclosure of confidential information. | | | 16| B. In developing the policy, the district board of education | | | 17|shall make an effort to involve the teachers, parents, | | | 18|administrators, school staff, school volunteers, community | | | 19|representatives, local law enforcement agencies and students. The | | | 20|students, teachers, and parents or guardian of every child residing | | | 21|within a school district shall be notified by the district board of | | | 22|education of its adoption of the policy and shall receive a copy | | | 23|upon request. The school district policy shall be implemented in a | | | 24| | | | Req. No. 6821 Page 5 ___________________________________________________________________________
1|manner that is ongoing throughout the school year and is integrated | | | 2|with other violence prevention efforts. | | | 3| C. The teacher of a child attending a public school shall have | | | 4|the same right as a parent or guardian to control and discipline | | | 5|such child according to district policies during the time the child | | | 6|is in attendance or in transit to or from the school or any other | | | 7|school function authorized by the school district or classroom | | | 8|presided over by the teacher. | | | 9| D. Except concerning students on individualized education plans | | | 10|(IEP) pursuant to the Individuals with Disabilities Education Act | | | 11|(IDEA), P.L. No. 101-476, the State Board of Education shall not | | | 12|have authority to prescribe student disciplinary policies for school | | | 13|districts or to proscribe corporal punishment in the public schools. | | | 14| The State Board of Education shall not have authority to require | | | 15|school districts to file student disciplinary action reports more | | | 16|often than once each year and shall not use disciplinary action | | | 17|reports in determining a school district's or school site's | | | 18|eligibility for program assistance including competitive grants. | | | 19| E. 1. The board of education of each school district in this | | | 20|state shall have the option of adopting a dress code for students | | | 21|enrolled in the school district. The board of education of a school | | | 22|district shall also have the option of adopting a dress code which | | | 23|includes school uniforms. Any board of education which adopts a | | | 24|dress code for students shall ensure the dress code has a reasonable | | | Req. No. 6821 Page 6 ___________________________________________________________________________
1|connection with the educational function entrusted to the school | | | 2|board. The dress code shall prohibit race discrimination based on | | | 3|natural hair or hairstyles. The dress code shall not discriminate | | | 4|against a student's hair color; hair length; or any other hairstyle | | | 5|related to the cultural, ethnic, or religious identity of a student. | | | 6| 2. As used in this subsection: | | | 7| a. "race" includes, but is not limited to, ancestry, | | | 8| color, ethnic group identification and ethnic | | | 9| background, including traits historically associated | | | 10| with race including but not limited to hair texture | | | 11| and protective hairstyles, and | | | 12| b. "protective hairstyles" includes, but is not limited | | | 13| to, braids, locks and twists. | | | 14| F. The board of education of each school district in this state | | | 15|shall have the option of adopting a procedure that requires students | | | 16|to perform campus-site service for violating the district's policy. | | | 17| G. The State Board of Education shall: | | | 18| 1. Promulgate rules for periodically monitoring school | | | 19|districts for compliance with this section and providing sanctions | | | 20|for noncompliance with this section; | | | 21| 2. Establish and maintain a central repository for the | | | 22|collection of information regarding documented and verified | | | 23|incidents of bullying; and | | | 24| | | | Req. No. 6821 Page 7 ___________________________________________________________________________
1| 3. Publish a report annually on the State Department of | | | 2|Education website regarding the number of documented and verified | | | 3|incidents of bullying in the public schools in the state. | | | 4| SECTION 2. This act shall become effective November 1, 2023. | | | 5| | | | 6| 59-1-6821 MJ 01/05/21 | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6821 Page 8