Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1133 Introduced / Bill

Filed 12/08/2021

                     
 
 
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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   
 
 
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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;   
 
 
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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:   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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