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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1778 By: Conley
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2011,
Section 24-100a, which relates to the Healthy and Fit
Kids Act of 2004; removing authority to combine
certain school committees; amending 70 O.S. 2011,
Sections 24-100.3, as amended by Section 2, Chapter
311, O.S.L. 2013, 24-100.4, as last amended by
Section 1, Chapter 277, O.S.L. 2016 and 24 -100.5, as
last amended by Section 1, Chapter 285 , O.S.L. 2019
(70 O.S. Supp. 2020, Sections 24 -100.3, 24-100.4 and
24-100.5), which relate to the School Safety and
Bullying Prevention Act ; modifying definitions;
requiring annual update of school discipline and
bullying policy; modifying contents of poli cy;
prescribing same manner of investigation for
anonymous reports; establishing civil immunity for
certain reports; setting time limitation for parental
notification; providing exception to time limit;
requiring annual training on bullying for school
resource officers; prohibiting retaliation against
certain school employee ; directing board of education
to hold public hearing prior to adopting or modifying
policy; establishing meeting procedures and
requirements; requiring dissemination of policy and
explanation of responsibilities to school employees;
modifying membership of the Safe School Committee;
requiring school to publicize meeting dates and
times; prescribing at least one meeting be held each
semester; directing State Board of Education to adopt
rules; authorizing report of a deficiency for
noncompliance in a school accreditation report ;
providing an effective date; and declaring an
emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 24 -100a, is
amended to read as follows:
Section 24-100a. A. This act shall be known and may be cited
as the "Healthy and Fit Kids Act of 2004 ".
B. Beginning September 1, 2004, each public school shall
establish a Healthy and F it School Advisory Committee, to be
composed of at least six members. The Advisory Committee may be
composed of teachers, administrators, parents of students, health
care professionals and business community representatives.
A public school may combine th e Healthy and Fit School Advisory
Committee with its Safe School Committee, established pursuant to
Section 24-100.5 of this title.
C. Each Healthy and Fit School Advisory Committee shall study
and make recommendations to the school principal regarding:
1. Health education;
2. Physical education and physical activity; and
3. Nutrition and health services.
D. The principal shall give consideration to recommendations of
the committee.
E. The State Board of Education shall adopt rules for
monitoring compliance with this section and is authorized to report
a school as deficient on the accreditation report for noncompliance
with the provisions of this section.
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SECTION 2. AMENDATORY 70 O.S. 2011, Section 24 -100.3, as
amended by Section 2, Chapter 311, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 24-100.3), is amended to read as follows:
Section 24-100.3 A. As used in the School Safety and Bullying
Prevention Act:
1. “Aggressive behavior” means the intentional use of harmful
behavior, threatened or actual, toward another student. Instead of
attempting to assess whether the perpetrator intended for the
targeted student to experience an injury as a result of the bullying
behavior, intentionality can be captured by assessing the intent of
the perpetrator to use harmful behaviors against the targeted
student. For example, telling damaging rumors about a student,
threatening another student, or shoving another student shall be
considered intentional because the perpetrator is using harmful
behaviors against another student;
2. "Bullying" means any pattern of harassment, intimidation,
threatening behavior, physical acts, verbal unwanted aggressive
behavior, in person or by electronic communication , directed toward
another student by a student or group of students that results in or
is reasonably who are not siblings or current dating partners that
involves an observed or perceived as being done with the intent to
cause negative educational or physical results for the targeted
individual or group and is communicated in such a way as to disrupt
or interfere with the school 's educational mission or the education
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of any student power imbalance and is repeated multiple times or is
highly likely to be repeated. Bullying may inflict harm or distress
on the targeted student , including physical, psychological, social
or educational harm;
2. "At school" means on school grounds, in school vehicles, at
school-sponsored activities, or at school -sanctioned events;
3. "Electronic communication " means the communication of any
written, verbal, pictorial information or video content by means of
an electronic device, including, but not limited to, a telephone, a
mobile or cellular telephone or other wireless telecommunication
device, or a computer; and
4. "Threatening behavior" means any pattern of behavior or
isolated action, whether or not it is directed at another person,
that a reasonable person would believe indicates potential for
future harm to students, school personnel, or school property "Harm"
means a range of negative experiences or injuries and can include:
a. physical cuts, bruises or pain,
b. psychological consequences such as feelings of
distress, depression or anxiety,
c. social damage to reputation or relationship s, or
d. limits to educational opportunities through increased
absenteeism, dropping out of school, having difficulty
concentrating in class and poor academic performance;
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5. "Has occurred multiple times or is highly likely to be
repeated" means that the student experiences multiple in cidents of
aggressive behavior perpetrated by a single student or group of
students over a specified time period or there is strong concern a
single aggressive behavior by a student or group of students has a
high likelihood of being followed by more incid ents of aggressive
behavior. Repeated aggressi ve behavior that involves different
perpetrators and is perceived as unrelated by the student should not
be considered repeated. However, if the student experiences
multiple separate incidents of aggressi ve behavior over time, it
shall be considered repeated if the targeted student perceives the
aggressive behavior as related even if the perpetrator or
perpetrators change across the incidents and no single perpetrator
is involved in multiple incidents ;
6. "On school premises" means on school grounds, in school
vehicles, at school-sponsored activities or at school -sanctioned
events;
7. "Power imbalance" means the attempt by the perpetrator or
perpetrators to use observed or perceived personal or situational
characteristics to exert control over the behavior of the targeted
student or limit the ability of the targeted student to respond or
stop the aggressive behavior. The power imbalance sh all not be used
to label certain students "powerless" or "powerful", but instead is
designed to capture power differences that exist in a certain
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relationship at a specific time. Power imbalances may change over
time and across situations even when they involve the same students.
The use of violence or threats of violence m ay create or enhance an
existing power imbalance; and
8. "Unwanted" means that the targeted studen t wants the
aggressive behavior by the perpetrator or perpetrators to stop. For
example, two students may enjoy taunting or teasing each other in a
playful manner and this shall not be considered unwanted aggressive
behavior or bullying0.
B. Nothing in this act shall be construed to impose a specific
liability on any school district.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 24 -100.4, as
last amended by Section 1, Chapter 277, O.S.L. 2016 (70 O.S. Supp.
2020, Section 24-100.4), is amended to read as follows:
Section 24-100.4 A. Each district board of education shall
adopt a policy for the discipline of all children attending publ ic
school in that school district, and for the investigation of
reported incidents of bullying. The policy shall be updated
annually as needed, provide options for the discipline of the
students and shall define standards of conduct to which students are
expected to conform. The policy shall:
1. Specifically address bullying by students at on school
premises and by electronic communication, if the communication is
specifically directed at students or school personnel and concerns
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bullying at school is communicated in such a way as to disrupt or
interfere with the educational mission of the school or the
education of any student ;
2. Contain a procedure for reporting an act of bullying to a
school official or law enforcement agency , including a provision
that permits a person to report an act anonymously. No formal
disciplinary action shall be taken solely on the basis of an
anonymous report; provided, anonymous reports shall be investigated
in the same manner as other reports ;
3. Contain a requirement th at any school employee that has
reliable information that would lead a reasonable person to suspect
that a person is a target of bullying shall immediately report it to
the principal or a designee of the principal . A school employee,
school volunteer, stu dent or the parent or legal guardian of a
student who promptly reports in good faith an incident of bullying
to a school official and who makes the report in compliance with the
provisions of this section shall be immune from a cause of action
for damages arising out of the reporting itself or any failure to
remedy the reported incident of bullying ;
4. Contain a statement of how the policy is to be publicized
including a requirement that:
a. an annual written notice of the policy be provided to
parents, legal guardians, staff, volunteers and
students, with age-appropriate language for students,
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b. notice of the policy be posted at various locations
within each school site, including , but not limited
to, cafeterias, school bulletin boards, and
administration offices,
c. the policy be posted on the Internet website for the
school district and each school site that has an
Internet website, and
d. the policy be included in all student and employee
handbooks;
5. Require that appropriate school district personnel involved
in investigating reports of bullying make a determination regarding
whether the conduct is actually occurring;
6. Contain a procedure and requirement for providing
notification to the parents or legal guardians of the reported
target of bullying and the parents or legal guardians of the
reported perpetrator or perpetrators of the bullying within twenty -
four (24) hours of receipt of the report of bullying and providing
timely notification to the parents or legal guardians of a victim
student who is target of documented and verified bullying and to the
parents or legal guardians of the perpetrator of the documented and
verified bullying; provided, if a student expresses suicidal
thoughts or intentions or encourages another student to commit
suicide, the parents or legal guardians of the students shall be
notified immediately ;
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7. Identify by job title the school official responsible for
enforcing the policy at each school site within a school district ;
8. Contain procedures for reporting to law enfo rcement all
documented and verified acts of bullying which may constitute
criminal activity or reasonably have the potential to endanger
school safety;
9. Require annual training for administrators and school
employees, including school resource officers, as developed and
provided by the State Department of Education in preventing,
identifying, responding to and reporting incidents of bullying;
10. Provide for an educational program as designed and
developed by the State Department of Education and in con sultation
with the Office of Juvenile Affairs for students and parents in
preventing, identifying, responding to and reporting incidents of
bullying;
11. Establish a procedure for referral of a person who commits
an act of bullying to a delinquency preven tion and diversion program
administered by the Office of Juvenile Affairs;
12. Address prevention by providing:
a. consequences and remedial action for a person who
commits an act of bullying,
b. consequences and remedial action for a student found
to have falsely accused another as a means of
retaliation, reprisal or as a means of bullying, and
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c. a strategy for providing counseling or referral to
appropriate services, including guidance, academic
intervention, and other protection for students, both
targets and perpetrators, and family members affected
by bullying, as necessary;
13. Establish a procedure for:
a. the investigation, determination and documentation of
all incidents of bullying reported to school
officials,
b. identifying the principal or a designee of the
principal as the person responsible for investigating
incidents of bullying,
c. reporting the number of incidents of bullying, and
d. determining the severity of the incidents and their
potential to result in future violence;
14. Establish a procedure whereby, upon completing an
investigation of bullying, a school may recommend that available
community mental health care, substance abuse or other counseling
options be provided to the student, if appropriate; and
15. Establish a procedure w hereby a school may request the
disclosure of any information concerning students who have received
mental health, substance abuse, or other care pursuant to paragraph
14 of this subsection that indicates an explicit threat to the
safety of students or sch ool personnel, provided the disclosure of
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the information does not violate the requirements and provisions of
the Family Educational Rights and Privacy Act of 1974, the Health
Insurance Portability and Accountability Act of 1996, Section 2503
of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of
the Oklahoma Statutes, or any other state or federal laws regarding
the disclosure of confidential information ; and
16. Contain a statement prohibiting retaliation against a
school employee who notifies the board of education or the State
Department of Education of noncompliance with the provisions of this
section.
B. 1. In developing the policy, the district board of
education shall make an effort to involve the teachers, parents,
administrators, scho ol staff, school volunteers, community
representatives, local law enforcement agencies and students.
2. Before adopting the policy or any modifications to the
policy, the board of education shall hold at least one public
hearing on the proposed policy or modifications to the policy. The
public hearing may be held as part of a regularly scheduled board
meeting. The board of education shall provide notice of the public
hearing to students and parents or legal guardians of students using
social media and at least one other communication method regularly
used by the board of education.
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3. Within thirty (30) days of approving the policy or any
modifications to the policy, the board of education shall submit a
copy to the State Department of Education.
4. The students, teachers, and parents or guardian legal
guardians of every child residing within a school district shall be
notified by the district board of education of its adoption of the
policy and shall receive a copy upon request. The school district
policy shall be implemented in a manner that is ongoing throughout
the school year and is integrated with other violence prevention
efforts.
C. The teacher of a child attending a public school shall have
the same right as a parent or legal guardian to control and
discipline such child according to district policies during the time
the child is in attendance or in transit to or from the school or
any other school function authorized by the school district or
classroom presided over by the teacher.
D. Except concerning students on individualized education plans
(IEP) (IEPs) pursuant to the Individuals with Disabilities Education
Act (IDEA), P.L. No. 101 -476, the State Board of Education shall not
have authority to prescribe student disciplinary policies for sch ool
districts or to proscribe corporal punishment in the public schools.
The State Board of Education shall not have authority to require
school districts to file student disciplinary action reports more
often than once each year and shall not use discipl inary action
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reports in determining a school district 's or school site's
eligibility for program assistance including competitive grants.
E. The board of education of each school district in this state
shall have the option of adopting a dress code for st udents enrolled
in the school district. The board of education of a school district
shall also have the option of adopting a dress code which includes
school uniforms.
F. The board of education of each school district in this state
shall have the option of adopting a procedure that requires students
to perform campus-site service for violating the district 's policy.
G. The board of education shall provide the following to each
current employee and newly hired employee:
1. The school district policy adop ted pursuant to this section;
and
2. An explanation of the responsibilities of the employee
related to the implementation of the policy adopted pursuant to this
section.
H. The State Board of Education shall:
1. Promulgate rules for periodically monitor ing school
districts for compliance with this section and providing sanctions
for noncompliance with this section;
2. Establish and maintain a central repository for the
collection of information regarding documented and verified
incidents of bullying; an d
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3. Publish a report annually on the State Department of
Education website regarding the number of documented and verified
incidents of bullying in the public schools in the state.
SECTION 4. AMENDATORY 70 O.S. 2011, Section 24 -100.5, as
last amended by Section 1, Chapter 285, O.S.L. 2019 (70 O.S. Supp.
2020, Section 24-100.5), is amended to read as follows:
Section 24-100.5 A. Every year each public school site shall
establish a Safe School Committee to be composed of at least seven
(7) members. The Safe School Committee shall be composed of
teachers, parents or legal guardians of enrolled students, students,
and a school official who participates in the investigation of
reports of bullying as required by subsection A of Secti on 24-100.4
of this title, and a person not employed by the school district .
The Committee may include administrators, school staff, school
volunteers, community representatives, and local law enforcement
agencies. The Committee shall assist the school b oard in promoting
a positive school climate through planning, implementing and
evaluating effective prevention, readiness and response strategies,
including the policy required by Section 24 -100.4 of this title.
B. The Safe School Committee shall study an d make
recommendations to the principal regarding:
1. Unsafe conditions, possible strategies for students, faculty
and staff to avoid physical and emotional harm at school, student
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victimization, crime prevention, school violence, and other issues
which prohibit the maintenance of a safe school;
2. Student bullying as defined in Section 24 -100.3 of this
title;
3. Professional development needs of faculty and staff to
recognize and implement methods to decrease student bullying;
4. Methods to encourage t he involvement of the community and
students, the development of individual relationships between
students and school staff, and use of problem -solving teams and
resources that include counselors and other behavioral health and
suicide prevention resources within or outside the school system;
and
5. Professional development needs of faculty and staff to
recognize and report suspected human trafficking.
In its considerations, the Safe School Committee shall review
the district policy for the prevention of b ullying and the list of
research-based programs appropriate for the prevention of bullying
of students at school compiled by the State Department of Education.
In addition, the Committee may review traditional and accepted
bullying prevention programs uti lized by other states, state
agencies, or school districts.
C. The Safe School Committee may study and make recommendations
to the school district board of education regarding the development
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of a rape or sexual assault response program that may be implem ented
at the school site.
D. Each public school site shall:
1. Publicize information about the Safe School Committee ,
including, but not limited to, meeting dates and times; and
2. Require the Safe School Committee to meet at least once each
semester.
E. The State Department of Education shall:
1. Develop a model policy and deliver training materials to all
school districts on the components that should be included in a
school district policy for the prevention of bullying; and
2. Compile and distribu te to each public school site,
prominently display on the State Department of Education website and
annually publicize in print media a list of research -based programs
appropriate for the prevention of bullying of students. If a school
district implements a commercial bullying prevention program, it
shall use a program listed by the State Department of Education.
F. The State Board of Education shall adopt rules for
monitoring compliance with this section and is authorized to report
a school as deficient on the accreditation report for noncompliance
with the provisions of this section.
E. G. The provisions of this section shall not apply to
technology center schools.
SECTION 5. This act shall become effective July 1, 2021.
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SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-6631 EK 1/4/21