OK
Oklahoma House Bill HB1778

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1778 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 58th Legislature (2021)
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3232 HOUSE BILL 1778 By: Conley
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending 70 O.S. 2011,
4141 Section 24-100a, which relates to the Healthy and Fit
4242 Kids Act of 2004; removing authority to combine
4343 certain school committees; amending 70 O.S. 2011,
4444 Sections 24-100.3, as amended by Section 2, Chapter
4545 311, O.S.L. 2013, 24-100.4, as last amended by
4646 Section 1, Chapter 277, O.S.L. 2016 and 24 -100.5, as
4747 last amended by Section 1, Chapter 285 , O.S.L. 2019
4848 (70 O.S. Supp. 2020, Sections 24 -100.3, 24-100.4 and
4949 24-100.5), which relate to the School Safety and
5050 Bullying Prevention Act ; modifying definitions;
5151 requiring annual update of school discipline and
5252 bullying policy; modifying contents of poli cy;
5353 prescribing same manner of investigation for
5454 anonymous reports; establishing civil immunity for
5555 certain reports; setting time limitation for parental
5656 notification; providing exception to time limit;
5757 requiring annual training on bullying for school
5858 resource officers; prohibiting retaliation against
5959 certain school employee ; directing board of education
6060 to hold public hearing prior to adopting or modifying
6161 policy; establishing meeting procedures and
6262 requirements; requiring dissemination of policy and
6363 explanation of responsibilities to school employees;
6464 modifying membership of the Safe School Committee;
6565 requiring school to publicize meeting dates and
6666 times; prescribing at least one meeting be held each
6767 semester; directing State Board of Education to adopt
6868 rules; authorizing report of a deficiency for
6969 noncompliance in a school accreditation report ;
7070 providing an effective date; and declaring an
7171 emergency.
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101101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102102 SECTION 1. AMENDATORY 70 O.S. 2011, Section 24 -100a, is
103103 amended to read as follows:
104104 Section 24-100a. A. This act shall be known and may be cited
105105 as the "Healthy and Fit Kids Act of 2004 ".
106106 B. Beginning September 1, 2004, each public school shall
107107 establish a Healthy and F it School Advisory Committee, to be
108108 composed of at least six members. The Advisory Committee may be
109109 composed of teachers, administrators, parents of students, health
110110 care professionals and business community representatives.
111111 A public school may combine th e Healthy and Fit School Advisory
112112 Committee with its Safe School Committee, established pursuant to
113113 Section 24-100.5 of this title.
114114 C. Each Healthy and Fit School Advisory Committee shall study
115115 and make recommendations to the school principal regarding:
116116 1. Health education;
117117 2. Physical education and physical activity; and
118118 3. Nutrition and health services.
119119 D. The principal shall give consideration to recommendations of
120120 the committee.
121121 E. The State Board of Education shall adopt rules for
122122 monitoring compliance with this section and is authorized to report
123123 a school as deficient on the accreditation report for noncompliance
124124 with the provisions of this section.
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151151 SECTION 2. AMENDATORY 70 O.S. 2011, Section 24 -100.3, as
152152 amended by Section 2, Chapter 311, O.S.L. 2013 (70 O.S. Supp. 2020,
153153 Section 24-100.3), is amended to read as follows:
154154 Section 24-100.3 A. As used in the School Safety and Bullying
155155 Prevention Act:
156156 1. “Aggressive behavior” means the intentional use of harmful
157157 behavior, threatened or actual, toward another student. Instead of
158158 attempting to assess whether the perpetrator intended for the
159159 targeted student to experience an injury as a result of the bullying
160160 behavior, intentionality can be captured by assessing the intent of
161161 the perpetrator to use harmful behaviors against the targeted
162162 student. For example, telling damaging rumors about a student,
163163 threatening another student, or shoving another student shall be
164164 considered intentional because the perpetrator is using harmful
165165 behaviors against another student;
166166 2. "Bullying" means any pattern of harassment, intimidation,
167167 threatening behavior, physical acts, verbal unwanted aggressive
168168 behavior, in person or by electronic communication , directed toward
169169 another student by a student or group of students that results in or
170170 is reasonably who are not siblings or current dating partners that
171171 involves an observed or perceived as being done with the intent to
172172 cause negative educational or physical results for the targeted
173173 individual or group and is communicated in such a way as to disrupt
174174 or interfere with the school 's educational mission or the education
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201201 of any student power imbalance and is repeated multiple times or is
202202 highly likely to be repeated. Bullying may inflict harm or distress
203203 on the targeted student , including physical, psychological, social
204204 or educational harm;
205205 2. "At school" means on school grounds, in school vehicles, at
206206 school-sponsored activities, or at school -sanctioned events;
207207 3. "Electronic communication " means the communication of any
208208 written, verbal, pictorial information or video content by means of
209209 an electronic device, including, but not limited to, a telephone, a
210210 mobile or cellular telephone or other wireless telecommunication
211211 device, or a computer; and
212212 4. "Threatening behavior" means any pattern of behavior or
213213 isolated action, whether or not it is directed at another person,
214214 that a reasonable person would believe indicates potential for
215215 future harm to students, school personnel, or school property "Harm"
216216 means a range of negative experiences or injuries and can include:
217217 a. physical cuts, bruises or pain,
218218 b. psychological consequences such as feelings of
219219 distress, depression or anxiety,
220220 c. social damage to reputation or relationship s, or
221221 d. limits to educational opportunities through increased
222222 absenteeism, dropping out of school, having difficulty
223223 concentrating in class and poor academic performance;
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250250 5. "Has occurred multiple times or is highly likely to be
251251 repeated" means that the student experiences multiple in cidents of
252252 aggressive behavior perpetrated by a single student or group of
253253 students over a specified time period or there is strong concern a
254254 single aggressive behavior by a student or group of students has a
255255 high likelihood of being followed by more incid ents of aggressive
256256 behavior. Repeated aggressi ve behavior that involves different
257257 perpetrators and is perceived as unrelated by the student should not
258258 be considered repeated. However, if the student experiences
259259 multiple separate incidents of aggressi ve behavior over time, it
260260 shall be considered repeated if the targeted student perceives the
261261 aggressive behavior as related even if the perpetrator or
262262 perpetrators change across the incidents and no single perpetrator
263263 is involved in multiple incidents ;
264264 6. "On school premises" means on school grounds, in school
265265 vehicles, at school-sponsored activities or at school -sanctioned
266266 events;
267267 7. "Power imbalance" means the attempt by the perpetrator or
268268 perpetrators to use observed or perceived personal or situational
269269 characteristics to exert control over the behavior of the targeted
270270 student or limit the ability of the targeted student to respond or
271271 stop the aggressive behavior. The power imbalance sh all not be used
272272 to label certain students "powerless" or "powerful", but instead is
273273 designed to capture power differences that exist in a certain
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300300 relationship at a specific time. Power imbalances may change over
301301 time and across situations even when they involve the same students.
302302 The use of violence or threats of violence m ay create or enhance an
303303 existing power imbalance; and
304304 8. "Unwanted" means that the targeted studen t wants the
305305 aggressive behavior by the perpetrator or perpetrators to stop. For
306306 example, two students may enjoy taunting or teasing each other in a
307307 playful manner and this shall not be considered unwanted aggressive
308308 behavior or bullying0.
309309 B. Nothing in this act shall be construed to impose a specific
310310 liability on any school district.
311311 SECTION 3. AMENDATORY 70 O.S. 2011, Section 24 -100.4, as
312312 last amended by Section 1, Chapter 277, O.S.L. 2016 (70 O.S. Supp.
313313 2020, Section 24-100.4), is amended to read as follows:
314314 Section 24-100.4 A. Each district board of education shall
315315 adopt a policy for the discipline of all children attending publ ic
316316 school in that school district, and for the investigation of
317317 reported incidents of bullying. The policy shall be updated
318318 annually as needed, provide options for the discipline of the
319319 students and shall define standards of conduct to which students are
320320 expected to conform. The policy shall:
321321 1. Specifically address bullying by students at on school
322322 premises and by electronic communication, if the communication is
323323 specifically directed at students or school personnel and concerns
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350350 bullying at school is communicated in such a way as to disrupt or
351351 interfere with the educational mission of the school or the
352352 education of any student ;
353353 2. Contain a procedure for reporting an act of bullying to a
354354 school official or law enforcement agency , including a provision
355355 that permits a person to report an act anonymously. No formal
356356 disciplinary action shall be taken solely on the basis of an
357357 anonymous report; provided, anonymous reports shall be investigated
358358 in the same manner as other reports ;
359359 3. Contain a requirement th at any school employee that has
360360 reliable information that would lead a reasonable person to suspect
361361 that a person is a target of bullying shall immediately report it to
362362 the principal or a designee of the principal . A school employee,
363363 school volunteer, stu dent or the parent or legal guardian of a
364364 student who promptly reports in good faith an incident of bullying
365365 to a school official and who makes the report in compliance with the
366366 provisions of this section shall be immune from a cause of action
367367 for damages arising out of the reporting itself or any failure to
368368 remedy the reported incident of bullying ;
369369 4. Contain a statement of how the policy is to be publicized
370370 including a requirement that:
371371 a. an annual written notice of the policy be provided to
372372 parents, legal guardians, staff, volunteers and
373373 students, with age-appropriate language for students,
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400400 b. notice of the policy be posted at various locations
401401 within each school site, including , but not limited
402402 to, cafeterias, school bulletin boards, and
403403 administration offices,
404404 c. the policy be posted on the Internet website for the
405405 school district and each school site that has an
406406 Internet website, and
407407 d. the policy be included in all student and employee
408408 handbooks;
409409 5. Require that appropriate school district personnel involved
410410 in investigating reports of bullying make a determination regarding
411411 whether the conduct is actually occurring;
412412 6. Contain a procedure and requirement for providing
413413 notification to the parents or legal guardians of the reported
414414 target of bullying and the parents or legal guardians of the
415415 reported perpetrator or perpetrators of the bullying within twenty -
416416 four (24) hours of receipt of the report of bullying and providing
417417 timely notification to the parents or legal guardians of a victim
418418 student who is target of documented and verified bullying and to the
419419 parents or legal guardians of the perpetrator of the documented and
420420 verified bullying; provided, if a student expresses suicidal
421421 thoughts or intentions or encourages another student to commit
422422 suicide, the parents or legal guardians of the students shall be
423423 notified immediately ;
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450450 7. Identify by job title the school official responsible for
451451 enforcing the policy at each school site within a school district ;
452452 8. Contain procedures for reporting to law enfo rcement all
453453 documented and verified acts of bullying which may constitute
454454 criminal activity or reasonably have the potential to endanger
455455 school safety;
456456 9. Require annual training for administrators and school
457457 employees, including school resource officers, as developed and
458458 provided by the State Department of Education in preventing,
459459 identifying, responding to and reporting incidents of bullying;
460460 10. Provide for an educational program as designed and
461461 developed by the State Department of Education and in con sultation
462462 with the Office of Juvenile Affairs for students and parents in
463463 preventing, identifying, responding to and reporting incidents of
464464 bullying;
465465 11. Establish a procedure for referral of a person who commits
466466 an act of bullying to a delinquency preven tion and diversion program
467467 administered by the Office of Juvenile Affairs;
468468 12. Address prevention by providing:
469469 a. consequences and remedial action for a person who
470470 commits an act of bullying,
471471 b. consequences and remedial action for a student found
472472 to have falsely accused another as a means of
473473 retaliation, reprisal or as a means of bullying, and
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500500 c. a strategy for providing counseling or referral to
501501 appropriate services, including guidance, academic
502502 intervention, and other protection for students, both
503503 targets and perpetrators, and family members affected
504504 by bullying, as necessary;
505505 13. Establish a procedure for:
506506 a. the investigation, determination and documentation of
507507 all incidents of bullying reported to school
508508 officials,
509509 b. identifying the principal or a designee of the
510510 principal as the person responsible for investigating
511511 incidents of bullying,
512512 c. reporting the number of incidents of bullying, and
513513 d. determining the severity of the incidents and their
514514 potential to result in future violence;
515515 14. Establish a procedure whereby, upon completing an
516516 investigation of bullying, a school may recommend that available
517517 community mental health care, substance abuse or other counseling
518518 options be provided to the student, if appropriate; and
519519 15. Establish a procedure w hereby a school may request the
520520 disclosure of any information concerning students who have received
521521 mental health, substance abuse, or other care pursuant to paragraph
522522 14 of this subsection that indicates an explicit threat to the
523523 safety of students or sch ool personnel, provided the disclosure of
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550550 the information does not violate the requirements and provisions of
551551 the Family Educational Rights and Privacy Act of 1974, the Health
552552 Insurance Portability and Accountability Act of 1996, Section 2503
553553 of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of
554554 the Oklahoma Statutes, or any other state or federal laws regarding
555555 the disclosure of confidential information ; and
556556 16. Contain a statement prohibiting retaliation against a
557557 school employee who notifies the board of education or the State
558558 Department of Education of noncompliance with the provisions of this
559559 section.
560560 B. 1. In developing the policy, the district board of
561561 education shall make an effort to involve the teachers, parents,
562562 administrators, scho ol staff, school volunteers, community
563563 representatives, local law enforcement agencies and students.
564564 2. Before adopting the policy or any modifications to the
565565 policy, the board of education shall hold at least one public
566566 hearing on the proposed policy or modifications to the policy. The
567567 public hearing may be held as part of a regularly scheduled board
568568 meeting. The board of education shall provide notice of the public
569569 hearing to students and parents or legal guardians of students using
570570 social media and at least one other communication method regularly
571571 used by the board of education.
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598598 3. Within thirty (30) days of approving the policy or any
599599 modifications to the policy, the board of education shall submit a
600600 copy to the State Department of Education.
601601 4. The students, teachers, and parents or guardian legal
602602 guardians of every child residing within a school district shall be
603603 notified by the district board of education of its adoption of the
604604 policy and shall receive a copy upon request. The school district
605605 policy shall be implemented in a manner that is ongoing throughout
606606 the school year and is integrated with other violence prevention
607607 efforts.
608608 C. The teacher of a child attending a public school shall have
609609 the same right as a parent or legal guardian to control and
610610 discipline such child according to district policies during the time
611611 the child is in attendance or in transit to or from the school or
612612 any other school function authorized by the school district or
613613 classroom presided over by the teacher.
614614 D. Except concerning students on individualized education plans
615615 (IEP) (IEPs) pursuant to the Individuals with Disabilities Education
616616 Act (IDEA), P.L. No. 101 -476, the State Board of Education shall not
617617 have authority to prescribe student disciplinary policies for sch ool
618618 districts or to proscribe corporal punishment in the public schools.
619619 The State Board of Education shall not have authority to require
620620 school districts to file student disciplinary action reports more
621621 often than once each year and shall not use discipl inary action
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648648 reports in determining a school district 's or school site's
649649 eligibility for program assistance including competitive grants.
650650 E. The board of education of each school district in this state
651651 shall have the option of adopting a dress code for st udents enrolled
652652 in the school district. The board of education of a school district
653653 shall also have the option of adopting a dress code which includes
654654 school uniforms.
655655 F. The board of education of each school district in this state
656656 shall have the option of adopting a procedure that requires students
657657 to perform campus-site service for violating the district 's policy.
658658 G. The board of education shall provide the following to each
659659 current employee and newly hired employee:
660660 1. The school district policy adop ted pursuant to this section;
661661 and
662662 2. An explanation of the responsibilities of the employee
663663 related to the implementation of the policy adopted pursuant to this
664664 section.
665665 H. The State Board of Education shall:
666666 1. Promulgate rules for periodically monitor ing school
667667 districts for compliance with this section and providing sanctions
668668 for noncompliance with this section;
669669 2. Establish and maintain a central repository for the
670670 collection of information regarding documented and verified
671671 incidents of bullying; an d
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698698 3. Publish a report annually on the State Department of
699699 Education website regarding the number of documented and verified
700700 incidents of bullying in the public schools in the state.
701701 SECTION 4. AMENDATORY 70 O.S. 2011, Section 24 -100.5, as
702702 last amended by Section 1, Chapter 285, O.S.L. 2019 (70 O.S. Supp.
703703 2020, Section 24-100.5), is amended to read as follows:
704704 Section 24-100.5 A. Every year each public school site shall
705705 establish a Safe School Committee to be composed of at least seven
706706 (7) members. The Safe School Committee shall be composed of
707707 teachers, parents or legal guardians of enrolled students, students,
708708 and a school official who participates in the investigation of
709709 reports of bullying as required by subsection A of Secti on 24-100.4
710710 of this title, and a person not employed by the school district .
711711 The Committee may include administrators, school staff, school
712712 volunteers, community representatives, and local law enforcement
713713 agencies. The Committee shall assist the school b oard in promoting
714714 a positive school climate through planning, implementing and
715715 evaluating effective prevention, readiness and response strategies,
716716 including the policy required by Section 24 -100.4 of this title.
717717 B. The Safe School Committee shall study an d make
718718 recommendations to the principal regarding:
719719 1. Unsafe conditions, possible strategies for students, faculty
720720 and staff to avoid physical and emotional harm at school, student
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747747 victimization, crime prevention, school violence, and other issues
748748 which prohibit the maintenance of a safe school;
749749 2. Student bullying as defined in Section 24 -100.3 of this
750750 title;
751751 3. Professional development needs of faculty and staff to
752752 recognize and implement methods to decrease student bullying;
753753 4. Methods to encourage t he involvement of the community and
754754 students, the development of individual relationships between
755755 students and school staff, and use of problem -solving teams and
756756 resources that include counselors and other behavioral health and
757757 suicide prevention resources within or outside the school system;
758758 and
759759 5. Professional development needs of faculty and staff to
760760 recognize and report suspected human trafficking.
761761 In its considerations, the Safe School Committee shall review
762762 the district policy for the prevention of b ullying and the list of
763763 research-based programs appropriate for the prevention of bullying
764764 of students at school compiled by the State Department of Education.
765765 In addition, the Committee may review traditional and accepted
766766 bullying prevention programs uti lized by other states, state
767767 agencies, or school districts.
768768 C. The Safe School Committee may study and make recommendations
769769 to the school district board of education regarding the development
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796796 of a rape or sexual assault response program that may be implem ented
797797 at the school site.
798798 D. Each public school site shall:
799799 1. Publicize information about the Safe School Committee ,
800800 including, but not limited to, meeting dates and times; and
801801 2. Require the Safe School Committee to meet at least once each
802802 semester.
803803 E. The State Department of Education shall:
804804 1. Develop a model policy and deliver training materials to all
805805 school districts on the components that should be included in a
806806 school district policy for the prevention of bullying; and
807807 2. Compile and distribu te to each public school site,
808808 prominently display on the State Department of Education website and
809809 annually publicize in print media a list of research -based programs
810810 appropriate for the prevention of bullying of students. If a school
811811 district implements a commercial bullying prevention program, it
812812 shall use a program listed by the State Department of Education.
813813 F. The State Board of Education shall adopt rules for
814814 monitoring compliance with this section and is authorized to report
815815 a school as deficient on the accreditation report for noncompliance
816816 with the provisions of this section.
817817 E. G. The provisions of this section shall not apply to
818818 technology center schools.
819819 SECTION 5. This act shall become effective July 1, 2021.
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846846 SECTION 6. It being immediately necessary for the preservation
847847 of the public peace, health or safety, an emergency is hereby
848848 declared to exist, by reason whereof this act shall take effect and
849849 be in full force from and after its passage and approval.
850850
851851 58-1-6631 EK 1/4/21