1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 880 By: Bullard |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to students; creating the Students' |
| Bill of Rights; providing short title; affording |
8| certain rights to students enrolled in public school |
| districts or public charter schools; requiring |
9| certain rights to be included in certain handbooks; |
| directing the creation of certain due process plan |
10| for students and teachers; requiring plan to include |
| certain components; allowing a parent or legal |
11| guardian to submit certain written request; requiring |
| investigation upon receipt of certain request; |
12| requiring submission of confirmed violations to the |
| State Department of Education; providing for |
13| promulgation of rules; authorizing certain |
| designation of a school for certain noncompliance; |
14| directing state funding of a noncompliant school |
| district or charter school to be decreased by certain |
15| percentage in certain fiscal year; creating a cause |
| of action for certain noncompliance; amending 70 O.S. |
16| 2021, Section 24-100.5, which relates to the Safe |
| School Committee; directing the committee to hear |
17| appeals of findings related to violations of |
| students' rights; providing for codification; |
18| providing an effective date; and declaring an |
| emergency. |
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20| |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. NEW LAW A new section of law to be codified |
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23|in the Oklahoma Statutes as Section 24-160 of Title 70, unless there |
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24|is created a duplication in numbering, reads as follows: |
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Req. No. 40 Page 1
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1| A. This act shall be known and may be cited as the "Students' |
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2|Bill of Rights". |
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3| B. A student enrolled in and attending a public school district |
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4|or public charter school in this state shall be afforded the |
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5|following rights: |
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6| 1. The right to a safe learning environment including the right |
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7|to be free from bullying and threatening behavior as defined in |
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8|Section 24-100.3 of Title 70 of the Oklahoma Statutes; |
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9| 2. The right to an unbiased education that does not endorse, |
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10|favor, or promote socialism, communism, or Marxism and that is free |
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11|from anti-American bias; |
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12| 3. The right to an unbiased learning environment that includes |
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13|but is not limited to: |
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14| a. the right to a classroom environment that is free |
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15| from the display of flags or propaganda of any |
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16| organization or symbol of socialism, communism, |
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17| Marxism, or anti-American sentiment, and |
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18| b. the right to attend or participate in |
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19| school-sponsored or school-sanctioned events or |
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20| activities that are free from the display of flags or |
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21| propaganda that is paid for with public funds and that |
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22| represents any organization or symbol of socialism, |
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23| communism, Marxism, or anti-American sentiment; |
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24| |
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1| 4. The right to privacy in his or her person and clothing as |
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2|well as in student restrooms and athletic changing facilities; |
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3| 5. The right to public and free expression of religion, speech, |
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4|and peaceable assembly including but not limited to: |
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5| a. the right to participate in or lead voluntary prayer |
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6| pursuant to the provisions of Section 11-101.1 of |
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7| Title 70 of the Oklahoma Statutes, |
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8| b. the right to observe one minute of silence each day |
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9| pursuant to the provisions of Section 11-101.2 of |
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10| Title 70 of the Oklahoma Statutes, |
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11| c. the right to read the Holy Scriptures pursuant to the |
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12| provisions of Section 11-101 of Title 70 of the |
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13| Oklahoma Statutes, and |
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14| d. the right to an unbiased education that does not |
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15| endorse, favor, promote, demean, show hostility |
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16| toward, or intentionally undermine any particular |
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17| religion or nonreligious faith or religious |
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18| perspective; |
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19| 6. The right to an education free from indoctrination. For the |
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20|purposes of this section, "indoctrination" means the forced or |
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21|compelled endorsement, adoption, acceptance, or affirmation of any |
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22|belief system, ideology, theory, lifestyle, religion, non-religious |
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23|faith, religious perspective, or philosophy by any action, |
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24| |
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1|curriculum, training, or instruction in a program or activity |
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2|offered by the public school district or public charter school; |
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3| 7. The right to an appropriate relationship with teachers and |
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4|school employees that is free from actions that constitute a crime |
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5|or an attempted crime as provided for in Section 843.5 of Title 21 |
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6|of the Oklahoma Statutes if the offense involved sexual abuse or |
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7|sexual exploitation as those terms are defined in Section 1-1-105 of |
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8|Title 10A of the Oklahoma Statutes, Sections 741, 843.1, if the |
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9|offense included sexual abuse or sexual exploitation, 865 et seq., |
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10|885, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, |
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11|1114, or 1123 of Title 21 of the Oklahoma Statutes; |
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12| 8. The right to be free from the use of vulgar language |
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13|directed toward other individuals by other students, teachers, |
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14|athletic coaches, and school district employees; and |
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15| 9. The right to a learning environment in which students abide |
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16|by a dress code, if a dress code has been adopted by the school |
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17|district board of education or charter school governing board |
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18|pursuant to Section 24-100.4 of Title 70 of the Oklahoma Statutes. |
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19| C. The rights provided for in subsection B of this section |
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20|shall be included in student and employee handbooks published or |
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21|posted online by the public school district or public charter |
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22|school. |
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23| D. A school district board of education or governing board of a |
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24|public charter school shall create a due process plan for students, |
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1|parents or legal guardians, and teachers to report violations of the |
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2|rights provided for in subsection B of this section. The due |
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3|process plan shall include, at a minimum, the following: |
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4| 1. Designation of a school employee or employees to receive |
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5|reports of violations including a provision that permits a person to |
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6|report a violation in a manner that protects the identity of the |
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7|accuser from retribution; |
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8| 2. A requirement that reported violations be investigated by |
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9|designated school employees in a timely manner; |
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10| 3. Procedures for investigating and implementing punishment for |
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11|false accusations; |
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12| 4. Procedures for reporting to law enforcement suspected |
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13|violations that may constitute criminal activity or reasonably have |
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14|the potential to endanger school safety; and |
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15| 5. A procedure for appealing the findings of designated school |
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16|employees to a school's Safe School Committee created pursuant to |
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17|Section 24-100.5 of Title 70 of the Oklahoma Statutes. |
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18| E. A parent or legal guardian of a student may submit a written |
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19|request for an initial investigation or for additional investigation |
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20|into a reported violation of the rights provided for in subsection B |
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21|of this section. The request shall be signed by the parents or |
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22|legal guardians of thirty-three percent (33%) of the students |
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23|enrolled in the school site where the reported violation occurred. |
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24|The request shall be submitted to the principal of the school site |
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1|and the school district superintendent. An investigation or |
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2|additional investigation of the reported violation shall be complete |
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3|within sixty (60) days of receipt of the written request. |
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4| F. Reports of violations confirmed by designated school |
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5|employees pursuant to subsections D and E of this section shall be |
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6|submitted to the State Department of Education. |
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7| G. 1. The State Board of Education shall adopt rules for |
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8|monitoring compliance with this section and is authorized to report |
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9|a school as deficient on the accreditation report for noncompliance |
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10|with the provisions of this section. |
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11| 2. Upon a finding of noncompliance as provided for in this |
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12|paragraph by the Board, the noncompliant school district or public |
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13|charter school shall receive a five percent (5%) decrease in state |
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14|funding for the fiscal year following the year a school district or |
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15|public charter school: |
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16| a. does not comply with the provisions of subsections C |
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17| and D of this section, or |
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18| b. submits two or more confirmed violations pursuant to |
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19| subsection F of this section and the Board receives |
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20| information that the violations have not been |
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21| addressed. |
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22| H. A parent or legal guardian of a student enrolled in and |
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23|attending a public school district or public charter school shall |
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24|have a cause of action against the public school district or public |
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1|charter school for noncompliance with the provisions of subsections |
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2|C and D of this section. |
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3| SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-100.5, is |
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4|amended to read as follows: |
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5| Section 24-100.5. A. Every year each public school site shall |
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6|establish a Safe School Committee to be composed of at least seven |
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7|(7) members. The Safe School Committee shall be composed of |
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8|teachers, parents of enrolled students, students, and a school |
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9|official who participates in the investigation of reports of |
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10|bullying as required by subsection A of Section 24-100.4 of this |
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11|title. The Committee may include administrators, school staff, |
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12|school volunteers, community representatives, and local law |
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13|enforcement agencies. The Committee shall assist the school board |
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14|in promoting a positive school climate through planning, |
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15|implementing, and evaluating effective prevention, readiness, and |
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16|response strategies, including the policy policies required by |
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17|Section 24-100.4 of this title and Section 1 of this act. |
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18| B. The Safe School Committee shall study and make |
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19|recommendations to the principal regarding: |
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20| 1. Unsafe conditions, possible strategies for students, |
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21|faculty, and staff to avoid physical and emotional harm at school, |
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22|student victimization, crime prevention, school violence, and other |
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23|issues which prohibit the maintenance of a safe school; |
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1| 2. Student bullying as defined in Section 24-100.3 of this |
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2|title; |
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3| 3. Professional development needs of faculty and staff to |
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4|recognize and implement methods to decrease student bullying; |
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5| 4. Methods to encourage the involvement of the community and |
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6|students, the development of individual relationships between |
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7|students and school staff, and use of problem-solving teams and |
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8|resources that include counselors and other behavioral health and |
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9|suicide prevention resources within or outside the school system; |
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10|and |
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11| 5. Professional development needs of faculty and staff to |
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12|recognize and report suspected human trafficking. |
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13| In its considerations, the Safe School Committee shall review |
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14|the district policy for the prevention of bullying and the list of |
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15|research-based programs appropriate for the prevention of bullying |
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16|of students at school compiled by the State Department of Education. |
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17| In addition, the Committee may review traditional and accepted |
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18|bullying prevention programs utilized by other states, state |
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19|agencies, or school districts. |
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20| C. The Safe School Committee may study and make recommendations |
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21|to the school district board of education regarding the development |
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22|of a rape or sexual assault response program that may be implemented |
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23|at the school site. |
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1| D. The Safe School Committee shall hear appeals of findings of |
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2|designated school employees regarding violations of students' rights |
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3|as provided for in Section 1 of this act. |
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4| E. The State Department of Education shall: |
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5| 1. Develop a model policy and deliver training materials to all |
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6|school districts on the components that should be included in a |
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7|school district policy for the prevention of bullying; and |
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8| 2. Compile and distribute to each public school site, |
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9|prominently display on the State Department of Education website, |
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10|and annually publicize in print media a list of research-based |
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11|programs appropriate for the prevention of bullying of students. If |
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12|a school district implements a commercial bullying prevention |
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13|program, it shall use a program listed by the State Department of |
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14|Education. |
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15| E. F. The provisions of this section shall not apply to |
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16|technology center schools. |
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17| SECTION 3. This act shall become effective July 1, 2023. |
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18| SECTION 4. It being immediately necessary for the preservation |
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19|of the public peace, health, or safety, an emergency is hereby |
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20|declared to exist, by reason whereof this act shall take effect and |
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21|be in full force from and after its passage and approval. |
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22| |
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23| 59-1-40 EB 1/19/2023 11:41:58 AM |
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Req. No. 40 Page 9
