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 |
7| House |
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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. |
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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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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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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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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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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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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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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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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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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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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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