Bill Text For SB0474 - Introduced

 1|                          STATE OF OKLAHOMA                            |
  |                                                                       |
 2|             1st Session of the 59th Legislature (2023)                |
  |                                                                       |
 3|SENATE BILL 474                      By: Paxton                        |
  |                                                                       |
 4|                                                                       |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|                            AS INTRODUCED                              |
  |                                                                       |
 7|       An Act relating to schools; defining term; directing            |
  |       each school district board of education to adopt                |
 8|       certain policy excusing a student to attend certain             |
  |       course; providing contents of policy; providing                 |
 9|       certain immunity from liability; requiring written              |
  |       consent to include certain disclaimer; exempting                |
10|       instructors of certain course from licensure or                 |
  |       certification; directing students to be considered in           |
11|       attendance with a school district while attending               |
  |       certain course; providing for the award of elective             |
12|       credit for completion of certain course; providing              |
  |       for evaluation of certain course; providing for                 |
13|       codification; providing an effective date; and                  |
  |       declaring an emergency.                                         |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
17|    SECTION 1.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
18|in the Oklahoma Statutes as Section 11-101.3 of Title 70, unless       |
  |                                                                       |
19|there is created a duplication in numbering, reads as follows:         |
  |                                                                       |
20|    A.  As used in this section, "released time course" means a        |
  |                                                                       |
21|period of time during which a student is excused from school to        |
  |                                                                       |
22|attend a course in religious or moral instruction taught by an         |
  |                                                                       |
23|independent entity off school property.                                |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 1550                                                   Page 1
___________________________________________________________________________

 1|    B.  Each school district board of education shall adopt a policy   |
  |                                                                       |
 2|that excuses a student from school to attend a released time course    |
  |                                                                       |
 3|for no more than three (3) class periods per week or a maximum of      |
  |                                                                       |
 4|one hundred twenty-five (125) class periods per school year;           |
  |                                                                       |
 5|provided, that:                                                        |
  |                                                                       |
 6|    1.  The student's parent or legal guardian provides written        |
  |                                                                       |
 7|consent prior to the student's participation in the released time      |
  |                                                                       |
 8|course;                                                                |
  |                                                                       |
 9|    2.  The school district and the independent entity offering        |
  |                                                                       |
10|released time courses do not connect bells, telephones, computers,     |
  |                                                                       |
11|or other devices between the school district and independent entity    |
  |                                                                       |
12|buildings;                                                             |
  |                                                                       |
13|    3.  No school district funds are expended and no school district   |
  |                                                                       |
14|personnel, equipment, or resources are involved in providing the       |
  |                                                                       |
15|instruction;                                                           |
  |                                                                       |
16|    4.  The school district's class schedule or course catalog does    |
  |                                                                       |
17|not include a released time course by name, and the school district    |
  |                                                                       |
18|does not distribute information about a released time course to        |
  |                                                                       |
19|students or their parents or legal guardians;                          |
  |                                                                       |
20|    5.  The independent entity maintains attendance records and        |
  |                                                                       |
21|makes them available to the school district and its board of           |
  |                                                                       |
22|education; provided, however, a student's attendance records,          |
  |                                                                       |
23|grades, and other data related to participation in a released time     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 1550                                                   Page 2
___________________________________________________________________________

 1|course may not be included in school district correspondence or        |
  |                                                                       |
 2|reports to parents or legal guardians of students;                     |
  |                                                                       |
 3|    6.  Any transportation provided to and from the place of           |
  |                                                                       |
 4|instruction is the sole responsibility of the independent entity,      |
  |                                                                       |
 5|the student, or the student's parent or legal guardian;                |
  |                                                                       |
 6|    7.  The independent entity or the student's parent or legal        |
  |                                                                       |
 7|guardian indemnifies the school district and holds it harmless with    |
  |                                                                       |
 8|regard to any liability arising from conduct that does not occur on    |
  |                                                                       |
 9|school property under the control or supervision of the school         |
  |                                                                       |
10|district, and the independent entity maintains adequate insurance      |
  |                                                                       |
11|for that purpose;                                                      |
  |                                                                       |
12|    8.  A school district publication does not include pictures,       |
  |                                                                       |
13|reports, or records of released time courses;                          |
  |                                                                       |
14|    9.  The student assumes responsibility for any missed school       |
  |                                                                       |
15|work; and                                                              |
  |                                                                       |
16|    10.  The school district superintendent, the principal for the     |
  |                                                                       |
17|school site in which the student is enrolled, or their designees       |
  |                                                                       |
18|have reasonable discretion over the scheduling and timing of           |
  |                                                                       |
19|released time courses; provided, the student may not be excused to     |
  |                                                                       |
20|participate in a released time course during any class in which the    |
  |                                                                       |
21|subject matter being taught is subject to the assessment               |
  |                                                                       |
22|requirements of Section 1210.508 of Title 70 of the Oklahoma           |
  |                                                                       |
23|Statutes.                                                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 1550                                                   Page 3
___________________________________________________________________________

 1|    C.  The school district, its board of education, and the state     |
  |                                                                       |
 2|shall not be liable for the student who participates in a released     |
  |                                                                       |
 3|time course.                                                           |
  |                                                                       |
 4|    D.  The written consent required by paragraph 1 of subsection B    |
  |                                                                       |
 5|of this section shall provide a disclaimer that:                       |
  |                                                                       |
 6|    1.  Eliminates any actual or perceived affirmative school          |
  |                                                                       |
 7|sponsorship or attribution to the school district or its board of      |
  |                                                                       |
 8|education of an endorsement of religious instruction; and              |
  |                                                                       |
 9|    2.  Waives any right of the student's parent or legal guardian     |
  |                                                                       |
10|to hold the school district, its board of education, employees of      |
  |                                                                       |
11|the school district, or the state liable for the student               |
  |                                                                       |
12|participating in a released time course.                               |
  |                                                                       |
13|    E.  Instructors hired by an independent entity to provide a        |
  |                                                                       |
14|released time course shall not be required to be licensed or           |
  |                                                                       |
15|certified teachers.                                                    |
  |                                                                       |
16|    F.  A student who attends a released time course shall be          |
  |                                                                       |
17|considered in attendance in the school district, and the time shall    |
  |                                                                       |
18|be calculated as part of the school day.                               |
  |                                                                       |
19|    G.  A school district board of education shall award a student     |
  |                                                                       |
20|credit for work completed in a released time course that is            |
  |                                                                       |
21|substantiated by a transcript from the independent entity providing    |
  |                                                                       |
22|the course.  A student shall be awarded elective credit for the        |
  |                                                                       |
23|completion of each released time course.  To determine whether         |
  |                                                                       |
24|elective credit may be awarded as provided for in this subsection,     |
  |                                                                       |
   Req. No. 1550                                                   Page 4
___________________________________________________________________________

 1|the board of education shall evaluate the course in a neutral and      |
  |                                                                       |
 2|secular manner that does not involve any test for religious content    |
  |                                                                       |
 3|or denominational affiliation.  For purposes of this subsection, the   |
  |                                                                       |
 4|secular criteria used to evaluate a released time course may           |
  |                                                                       |
 5|include:                                                               |
  |                                                                       |
 6|    1.  The amount of classroom instruction time;                      |
  |                                                                       |
 7|    2.  The course syllabus, which reflects the course requirements    |
  |                                                                       |
 8|and any materials used in the course;                                  |
  |                                                                       |
 9|    3.  Methods of assessment used in the course; and                  |
  |                                                                       |
10|    4.  The qualifications of the course instructor.                   |
  |                                                                       |
11|    SECTION 2.  This act shall become effective July 1, 2023.          |
  |                                                                       |
12|    SECTION 3.  It being immediately necessary for the preservation    |
  |                                                                       |
13|of the public peace, health, or safety, an emergency is hereby         |
  |                                                                       |
14|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
15|be in full force from and after its passage and approval.              |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|    59-1-1550      EB        1/17/2023 2:10:29 PM                      |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 1550                                                   Page 5
© 2010-24 Quorum Call, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of Quorum Call, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of Quorum Call website and the services and materials provided by Quorum Call are set forth in the Quorum Call Subscriber Agreement posted on the Quorum Call website.