Req. No. 2424 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1133 By: Taylor AS INTRODUCED An Act relating to schools; directing teachers and other school staff to hav e authority for control and discipline of students; providing actions teachers and other instructional staff may take to manage student behavior; directing teachers and other instructional staff to perform certain a ctions; allowing a teacher to send a student to the principal’s office and recommend certain consequence; allowing a teacher to remove a student from a classroom for certain behavior; providing for placement of a student who has been removed from a classroom; directing school districts to establi sh certain placement review committee; providing fo r membership; providing duties; providing for certain reports; directing the State Board of Education to review school district compliance; providing for promulgation of rules; requiring professional development for certain teachers; providing for codification; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codifi ed in the Oklahoma Statutes as Section 24-100.9 of Title 70, unless there is created a duplication in numb ering, reads as follows: A. Subject to the policies adopted by a school distri ct board of education, each teacher or other member of staff of any sch ool Req. No. 2424 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 district in this state shall have authority for the control and discipline of students as may be assigned to him or her by the principal or his or her designee and shall keep good order in the classroom and in other places in which he or she is assigne d to be in charge of students. B. Within the framework of the school district board of education’s policy for the discipline of childre n and standards of conduct adopted pursuant to Section 24 -100.4 of Title 70 of the Oklahoma Statutes, teachers and other instructional staff shall have the authority to undertake any of the following actions in managing student behavior and ensuring the sa fety of all students in their classes and school and their opportunity to learn in an orderly and disciplined classroom: 1. Establish classroom rules of conduct; 2. Establish and implement consequences designed to change behavior for infractions of classroom rules; 3. Have disobedient, disrespectful, violent, abus ive, uncontrollable, or disruptive students removed from the classroom for behavior management intervention; 4. Have violent, abusive, uncontrollable, or disruptive students directed for inform ation or assistance from appropriate school personnel; Req. No. 2424 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Assist in enforcing school rules on school property during school-sponsored transportation, and during school-sponsored activities; 6. Request and receive information as to the disposition of any referrals to the administration for violation of classroom or school rules; 7. Request and receive immediate assi stance in classroom management if a student becomes uncon trollable or in case of an emergency; 8. Request and receive training and other assi stance to improve skills in classroom management, violence prevention, conflic t resolution, and other related areas ; 9. Notify law enforcement of any verbal threat or act of threatening behavior pursuant to the provisions of Section 24 -100.8 of Title 70 of the Oklahoma Statutes and any documented and verified acts of bullying which may constitute criminal activity or reasonably have the potential to endanger school safety pursuant to the provisions of Section 24 -100.4 of Title 70 of the Oklahoma Statutes; and 10. Use necessary and reasonable force to protect himself or herself or others from injury as provided for in Sect ion 6-149.7 of Title 70 of the Oklahoma Statutes . C. Teachers and other instructional personnel shall: Req. No. 2424 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Set and enforce reasonable classroom rules that treat all students equitably; 2. Seek professional develop ment to improve classroom management skills when data shows that they are not effective in handling minor classroom disruptions; 3. Maintain an orderly and discip lined classroom with a positive and effective learning environment that maximizes learning and minimizes disruption; and 4. Work with parents or legal guardians and other school personnel to solve discipline problems in classrooms. D. A teacher may send a student to the principal ’s office to maintain effective discipline in the classroom and may recommend an appropriate consequence consistent with the school district board of education’s policy for the discipline of children and standards of conduct adopted pursuant to Section 24 -100.4 of Title 70 of the Oklahoma Statutes. The principal sha ll respond by employing the teacher’s recommended consequence or a more serious disciplinary action if the student’s history of disruptive behavior warrants it. If the principal determines that a lesser disciplinary ac tion is appropriate, the principal shall co nsult with the teacher prio r to taking disciplinary action. E. A teacher may remove from class a stu dent whose behavior the teacher determines interferes with th e teacher’s ability to communicate effectively with the students in the class or with the Req. No. 2424 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ability of the student’s classmates to learn. Each school district board of education, school district superintendent, and school principal shall support the authority of teachers to remove disobedient, violent, ab usive, uncontrollable, or disruptive students from the classroom. F. If a teacher removes a student from class pursuant to subsection E of this s ection, the principal may place the student in another appropriate classroom, in in-school suspension, or in an alternative education program as provided fo r in Section 1210.568 of Title 70 of the Oklahoma Statutes. The principal may recommend the student for out-of-school suspension or expulsion, as appropriate. The student may be prohibited from attending or partic ipating in school-sponsored or school-related activities. The principal may not return the student to the teacher ’s class without the teacher’s consent unless the placement review committee established pu rsuant to subsection G of this section determines that such placement is the best or only available alternative. G. 1. Each school district shall establish a placement review committee to determine the placement of a student when a teacher withholds consent to the return of a student to the teacher’s classroom. A school principal shall notify each teacher in the school about the availability, the procedures, and the criteria for the placement review committee as o utlined in this subsection. The Req. No. 2424 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 placement review committee shall include, at a minimum, the following: a. one teacher selected by th e school’s faculty, b. one teacher selected by the teacher who has removed the student, and c. one member from the school’s staff who is selected by the principal. 2. The teacher who withheld consent for a removed student to return to the teacher ’s classroom shall not serve on the placement review committee. The teacher and the placement review committ ee shall render decisions with in five (5) days after the removal of the student from the classroom. If the placement review committee’s decision is contrary to the decision of the teacher to withhold consent to the return of the removed student to the tea cher’s classroom, the teacher may appeal the committee’s decision to the school district superintendent. 3. The principal shall report on a quarterly basis to the school district superintendent and the school district board of education each incidence of a teacher’s withholding consent for a removed student to return t o the teacher’s classroom and the disposition of the incident. The superintendent shall annually report this data to the State De partment of Education. 4. The State Board of Education shall annually review each school district’s compliance with this subsection and success in Req. No. 2424 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 achieving orderly classrooms. The Board shall promulgate rules for monitoring compliance with this subsecti on and is authorized to report a school as deficient on the accreditation report for noncompliance with the prov isions of this subsection. H. Any teacher who removes twenty -five percent (25%) of his or her total class enrollment shall be required to compl ete professional development to improve classroom management skills. SECTION 2. This act shall become effective July 1, 2022. SECTION 3. It being immediately necessary for the preserv ation of the public peace, health , or safety, an emergency is hereby declared to exist, by reason wh ereof this act shall take effect and be in full force from and after its passage and approval. 58-2-2424 EB 12/8/2021 10:25:30 AM