Bill Text For HB3958 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 9, 2024                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 3958                        By: Conley and Banning of the     |
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 6|                                         Pugh of the Senate            |
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 9|       [ student communication - exception - training -                |
  |       investigation - punishment - codification - effective           |
10|       date -        emergency ]                                       |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 6-401 of Title 70, unless there    |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  As used in this section:                                       |
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18|    1.  "Electronic or digital communication" includes, but is not     |
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19|limited to, emails, text messages, instant messages, direct            |
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20|messages, social media messages, messages sent through software        |
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21|applications, and any other electronic digital means of                |
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22|communication; and                                                     |
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arsid1537778 SENATE FLOOR VERSION - HB3958 SFLR                    Page 1
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 1|    2.  "School personnel" means teachers, coaches, administrators,    |
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 2|school bus drivers, or any other persons employed full-time or         |
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 3|part-time by a public school or charter school.                        |
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 4|    B.  School personnel engaging in electronic or digital             |
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 5|communication with a student shall include the student's parent or     |
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 6|guardian in any electronic or digital communication.                   |
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 7|    C.  Exceptions to the requirement in subsection B of this          |
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 8|section may be made in case of an emergency, subject to subsequent     |
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 9|notification to the parent or guardian.  School personnel shall make   |
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10|reasonable efforts to use school-approved platforms, systems, or       |
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11|applications that allow automatic inclusion of parents or guardians    |
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12|in communications with students.                                       |
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13|    D.  Schools shall provide training, developed by the State         |
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14|Department of Education, for school personnel on the student           |
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15|communication requirements of this section.                            |
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16|     E.  Any school personnel who is reported to be in violation of    |
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17|subsection B of this section shall be put on administrative leave      |
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18|while the school district investigates the incident and notifies the   |
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19|board of education.  If the investigation finds that no misconduct     |
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20|occurred, the school personnel shall be reinstated and a written       |
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21|warning of the incident shall be included in the school personnel's    |
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22|employee file.  If the investigation finds misconduct occurred, the    |
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23|school personnel's employment shall be terminated, and the incident    |
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arsid1537778 SENATE FLOOR VERSION - HB3958 SFLR                    Page 2
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 1|shall be reported to law enforcement pursuant to Section 1210.163 of   |
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 2|Title 70 of the Oklahoma Statutes.                                     |
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 3|    SECTION 2.  This act shall become effective July 1, 2024.          |
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 4|    SECTION 3.  It being immediately necessary for the preservation    |
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 5|of the public peace, health or safety, an emergency is hereby          |
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 6|declared to exist, by reason whereof this act shall take effect and    |
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 7|be in full force from and after its passage and approval.              |
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 8|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 9, 2024 - DO PASS AS AMENDED                                     |
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arsid1537778 SENATE FLOOR VERSION - HB3958 SFLR                    Page 3
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