Bill Text For SB1138 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             2nd Session of the 58th Legislature (2022)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 1138                        By: Pemberton of the Senate       |
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  |                                         and                           |
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  |                                         Pae and Rosecrants of the     |
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10|       An Act relating to schools; amending 70 O.S. 2021,              |
  |       Section 24-100.3, which relates to definitions under            |
11|       the School Safety and Bullying Prevention Act;                  |
  |       modifying definition; updating statutory reference;             |
12|       amending 70 O.S. 2021, Section 24-100.4, which                  |
  |       relates to the control and discipline of a child;               |
13|       requiring certain policy to be updated annually;                |
  |       modifying who can report incidents of bullying;                 |
14|       requiring anonymous reports to be investigated in               |
  |       certain manner; providing immunity from a cause of              |
15|       action for certain individuals making certain reports           |
  |       of bullying; requiring notification of the parents or           |
16|       legal guardians of certain students within certain              |
  |       time period of receiving a report of bullying;                  |
17|       requiring immediate notification of the parents or              |
  |       legal guardians of certain students who express                 |
18|       certain thoughts or intentions; requiring certain               |
  |       policy to contain a statement prohibiting retaliation           |
19|       against certain school employees; requiring a                   |
  |       district board of education to hold certain public              |
20|       hearing prior to adoption of certain policy and any             |
  |       modifications to certain policy; providing for notice           |
21|       of hearing; requiring submission of certain policy to           |
  |       the State Department of Education within certain time           |
22|       period; requiring a superintendent to submit certain            |
  |       report to a district board of education at least once           |
23|       each semester; requiring a district board of                    |
  |       education to provide certain policy and explanation             |
24|       to employees; providing an effective date; and                  |
  |       declaring an emergency.                                         |
arsid14423141 SB1138 HFLR                                          Page 1
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 3|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 4|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 24-100.3, is   |
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 5|amended to read as follows:                                            |
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 6|    Section 24-100.3.  A.  As used in the School Safety and Bullying   |
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 7|Prevention Act:                                                        |
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 8|    1.  "Bullying" means any pattern of harassment, intimidation,      |
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 9|threatening behavior, physical acts, or verbal or electronic           |
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10|communication directed toward a student or group of students that      |
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11|results in or is reasonably perceived as being done with the intent    |
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12|to cause negative educational or physical results for the targeted     |
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13|individual or group and is communicated in such a way as to disrupt    |
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14|or interfere with the school's educational mission or the education    |
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15|of any student;                                                        |
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16|    2.  "At school" "On school premises" means on school grounds, in   |
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17|school vehicles, at school-sponsored activities, or at                 |
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18|school-sanctioned events;                                              |
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19|    3.  "Electronic communication" means the communication of any      |
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20|written, verbal, or pictorial information or video content by means    |
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21|of an electronic device, including, but not limited to, a telephone,   |
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22|a mobile or cellular telephone or other wireless telecommunication     |
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23|device, or a computer; and                                             |
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arsid14423141 SB1138 HFLR                                          Page 2
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 1|    4.  "Threatening behavior" means any pattern of behavior or        |
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 2|isolated action, whether or not it is directed at another person,      |
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 3|that a reasonable person would believe indicates potential for         |
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 4|future harm to students, school personnel, or school property.         |
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 5|    B.  Nothing in this act Section 24-100.1 et seq. of this title     |
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 6|shall be construed to impose a specific liability on any school        |
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 7|district.                                                              |
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 8|    SECTION 2.     AMENDATORY     70 O.S. 2021, Section 24-100.4, is   |
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 9|amended to read as follows:                                            |
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10|    Section 24-100.4.  A.  Each district board of education shall      |
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11|adopt a policy for the discipline of all children attending public     |
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12|school in that district, and for the investigation of reported         |
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13|incidents of bullying.  The policy shall be updated annually and       |
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14|provide options for the discipline of the students and shall define    |
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15|standards of conduct to which students are expected to conform.  The   |
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16|policy shall:                                                          |
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17|    1.  Specifically address bullying by students at school on         |
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18|school premises and by electronic communication, if the                |
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19|communication is specifically directed at students or school           |
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20|personnel and concerns bullying at school is communicated in such a    |
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21|way as to disrupt or interfere with the school's educational mission   |
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22|or the education of any student;                                       |
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23|    2.  Contain a procedure for reporting a student, a school          |
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24|employee, a school volunteer, or a parent or legal guardian to         |
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arsid14423141 SB1138 HFLR                                          Page 3
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 1|report an act of bullying to a school official or law enforcement      |
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 2|agency, including a provision that permits a person to report an act   |
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 3|anonymously.  No formal disciplinary action shall be taken solely on   |
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 4|the basis of an anonymous report; provided, anonymous reports shall    |
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 5|be investigated in the same manner as other reports;                   |
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 6|    3.  Contain a requirement that any school employee that has        |
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 7|reliable information that would lead a reasonable person to suspect    |
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 8|that a person is a target of bullying shall immediately report it to   |
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 9|the principal or a designee of the principal.  A school employee,      |
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10|school volunteer, a student, or the parent or legal guardian of a      |
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11|student who promptly reports in good faith an incident of bullying     |
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12|to a school official and who makes the report in compliance with the   |
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13|provisions of this section shall be immune from a cause of action      |
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14|for damages arising out of the reporting itself or any failure to      |
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15|remedy the reported incident of bullying;                              |
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16|    4.  Contain a statement of how the policy is to be publicized      |
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17|including a requirement that:                                          |
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18|         a.   an annual written notice of the policy be provided to    |
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19|              parents, legal guardians, staff, volunteers, and         |
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20|              students, with age-appropriate language for students,    |
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21|         b.   notice of the policy be posted at various locations      |
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22|              within each school site, including but not limited to    |
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23|              cafeterias, school bulletin boards, and administration   |
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24|              offices,                                                 |
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arsid14423141 SB1138 HFLR                                          Page 4
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 1|         c.   the policy be posted on the Internet website for the     |
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 2|              school district and each school site that has an         |
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 3|              Internet website, and                                    |
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 4|         d.   the policy be included in all student and employee       |
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 5|              handbooks;                                               |
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 6|    5.  Require that appropriate school district personnel involved    |
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 7|in investigating reports of bullying make a determination regarding    |
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 8|whether the conduct is actually occurring;                             |
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 9|    6.  Contain a procedure and requirement for providing              |
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10|notification to the parents or legal guardians of the reported         |
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11|victim of bullying and the parents or legal guardians of the           |
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12|reported perpetrator of the bullying within twenty-four (24) hours     |
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13|of receipt of the report of bullying and providing timely              |
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14|notification to the parents or legal guardians of a victim of          |
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15|documented and verified bullying and to the parents or legal           |
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16|guardians of the perpetrator of the documented and verified            |
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17|bullying; provided, if a student expresses suicidal thoughts or        |
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18|intentions or encourages another student to commit suicide, the        |
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19|parents or legal guardians of the student(s) shall be notified         |
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20|immediately;                                                           |
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21|    7.  Identify by job title the school official responsible for      |
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22|enforcing the policy at each school site within a school district;     |
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arsid14423141 SB1138 HFLR                                          Page 5
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 1|    8.  Contain procedures for reporting to law enforcement all        |
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 2|documented and verified acts of bullying which may constitute          |
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 3|criminal activity or reasonably have the potential to endanger         |
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 4|school safety;                                                         |
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 5|    9.  Require annual training for administrators and school          |
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 6|employees including school resource officers, as developed and         |
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 7|provided by the State Department of Education in preventing,           |
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 8|identifying, responding to, and reporting incidents of bullying;       |
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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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arsid14423141 SB1138 HFLR                                          Page 6
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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     |
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 6|              of 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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arsid14423141 SB1138 HFLR                                          Page 7
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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; and                        |
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 5|    16.  Contain a statement prohibiting retaliation against a         |
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 6|school employee who notifies the district board of education or the    |
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 7|State Department of Education of noncompliance with the provisions     |
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 8|of this section.                                                       |
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 9|    B.  1.  In developing the policy, the district board of            |
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10|education shall make an effort to involve the teachers, parents,       |
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11|administrators, school staff, school volunteers, community             |
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12|representatives, local law enforcement agencies, and students.         |
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13|    2.  Before adopting the policy required by this section or any     |
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14|modifications to the policy, the district board of education shall     |
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15|hold at least one public hearing on the proposed policy or             |
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16|modifications to the policy.  The public hearing may be held as part   |
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17|of a regularly scheduled board meeting.  The district board of         |
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18|education shall provide notice of the public hearing to students and   |
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19|the parents or legal guardians of students using social media and at   |
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20|least one other communication method regularly used by the board of    |
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21|education.                                                             |
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22|    3.  Within thirty (30) days of approving the policy required by    |
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23|this section and any modifications, the district board of education    |
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24|shall submit a copy to the State Department of Education.              |
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arsid14423141 SB1138 HFLR                                          Page 8
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 1|    4.  The students, teachers, and parents or guardian legal          |
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 2|guardians of every child residing within a school district shall be    |
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 3|notified by the district board of education of its adoption of the     |
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 4|policy and shall receive a copy upon request.  The school district     |
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 5|policy shall be implemented in a manner that is ongoing throughout     |
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 6|the school year and is integrated with other violence prevention       |
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 7|efforts.                                                               |
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 8|    C.  The teacher of a child attending a public school shall have    |
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 9|the same right as a parent or legal guardian to control and            |
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10|discipline such child according to district policies during the time   |
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11|the child is in attendance or in transit to or from the school or      |
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12|any other school function authorized by the school district or         |
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13|classroom presided over by the teacher.                                |
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14|    D.  Except concerning students on individualized education plans   |
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15|(IEP) pursuant to the Individuals with Disabilities Education Act      |
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16|(IDEA), P.L. No. 101-476, the State Board of Education shall not       |
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17|have authority to prescribe student disciplinary policies for school   |
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18|districts or to proscribe corporal punishment in the public schools.   |
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19| The State Board of Education shall not have authority to require      |
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20|school districts to file student disciplinary action reports more      |
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21|often than once each year and shall not use disciplinary action        |
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22|reports in determining a school district's or school site's            |
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23|eligibility for program assistance including competitive grants.       |
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arsid14423141 SB1138 HFLR                                          Page 9
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 1|    E.  The board of education of each school district in this state   |
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 2|shall have the option of adopting a dress code for students enrolled   |
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 3|in the school district.  The board of education of a school district   |
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 4|shall also have the option of adopting a dress code which includes     |
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 5|school uniforms.                                                       |
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 6|    F.  The board of education of each school district in this state   |
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 7|shall have the option of adopting a procedure that requires students   |
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 8|to perform campus-site service for violating the district's policy.    |
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 9|    G.  At least once each semester, the superintendent of a school    |
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10|district shall provide to the district board of education a report     |
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11|on the district's bullying prevention activities and reported          |
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12|incidents of bullying for the time period covered by the report.       |
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13|The report shall be presented at a public meeting of the board of      |
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14|education.                                                             |
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15|    H.  A district board of education shall provide the following to   |
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16|each employee and to each newly hired employee:                        |
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17|    1.  The district's policy adopted pursuant to this section; and    |
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18|    2.  An explanation of the employee's responsibilities with         |
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19|regard to the implementation of the policy adopted pursuant to this    |
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20|section.                                                               |
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21|    I.  The State Board of Education shall:                            |
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22|    1.  Promulgate rules for periodically monitoring school            |
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23|districts for compliance with this section and providing sanctions     |
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24|for noncompliance with this section;                                   |
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arsid14423141 SB1138 HFLR                                          Page 10
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 1|    2.  Establish and maintain a central repository for the            |
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 2|collection of information regarding documented and verified            |
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 3|incidents of bullying; and                                             |
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 4|    3.  Publish a report annually on the State Department of           |
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 5|Education website regarding the number of documented and verified      |
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 6|incidents of bullying in the public schools in the state.              |
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 7|    SECTION 3.  This act shall become effective July 1, 2022.          |
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 8|    SECTION 4.  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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13|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/12/2022   |
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arsid14423141 SB1138 HFLR                                          Page 11
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