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ENGROSSED HOUSE AMENDME NTS
TO
ENGROSSED SENATE BILL NO . 222 By: Standridge of the Senate
and
Pae of the House
An Act relating to schools; amending 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), which relates to definitions under the School
Safety and Bullying Prevention Act; modifying
definitions; amending 70 O.S. 2011, Section 24 -100.4,
as last amended by Section 1, Chapter 277, O.S.L.
2016 (70 O.S. Supp. 20 20, Section 24-100.4), which
relates to the control and discipline of a child;
requiring certain policy to be updated annually;
modifying who can report incidents of bullying;
requiring anonymous reports to be investigated in
certain manner; providing immu nity from a cause of
action for certain individuals making certain reports
of bullying; requiring notification of the parents or
legal guardians of certain students within certain
time period of receiving a report of bullying;
requiring immediate notificat ion of the parents or
legal guardians of certain students who express
certain thoughts or intentions; requiring certain
policy to contain a statement prohibiting retaliation
against certain school employees; requiring a
district board of education to hold certain public
hearing prior to adoption of certain policy and any
modifications to certain policy; providing for notice
of hearing; requiring submission of certain policy to
the State Board of Education within certain time
period; requiring a superintende nt to submit certain
report to a district board of education at least once
each semester; requiring a district board of
education to provide certain policy and explanation
to employees and newly hired employees; providing an
effective date; and declaring a n emergency.
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NOTE: Emergency failed
AUTHOR: Add the following House Coauthor s: Rosecrants, Echols and
Lepak
AMENDMENT NO. 1. Page 2, Line 16, delete the words "involves a
power imbalance and"
and amend the title to conform
Passed the House of R epresentatives the 21st day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 222 By: Standridge of the Senate
and
Pae of the House
An Act relating to schools; amending 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), which relates to definitions under the School
Safety and Bullying Pre vention Act; modifying
definitions; amending 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), which
relates to the control and discipline of a child;
requiring certain policy to be updated annually;
modifying who can report incidents of bullying;
requiring anonymous reports to be investigated in
certain manner; providing immunity from a cause of
action for certain individuals making certain reports
of bullying; requiring notificat ion of the parents or
legal guardians of certain students within certain
time period of receiving a report of bullying;
requiring immediate notification of the parents or
legal guardians of certain students who express
certain thoughts or intentions; requi ring certain
policy to contain a statement prohibiting retaliation
against certain school employees; requiring a
district board of education to hold certain public
hearing prior to adoption of certain policy and any
modifications to certain policy; providi ng for notice
of hearing; requiring submission of certain policy to
the State Board of Education within certain time
period; requiring a superintendent to submit certain
report to a district board of education at least once
each semester; requiring a distr ict board of
education to provide certain policy and explanation
to employees and newly hired employees; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. 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. “Bullying” means any pattern of harassment, intimidation,
threatening behavior, physical acts, verbal or unwanted, aggressive
behavior committed in person or by electronic communication directed
toward a student or group of students :
a. that results in or is reas onably 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 of any student, and
b. that involves a power imbalance and is repeated or is
highly likely to be repeated.
Bullying actions shall include, but not be limited to,
harassment, intimidation, threatening behavior, spreading rumors,
attacking someone physically or ve rbally and excluding someone from
a group as a means of causing harm ;
2. “At school” “On school premises” means on school grounds, in
school vehicles, at school -sponsored activities , or at school-
sanctioned events;
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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.
B. Nothing in this act Section 24-100.1 et seq. of this title
shall be construed to impose a specific liability on any school
district.
SECTION 2. 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 public
school in that district, and for the investigation of reported
incidents of bullying. The policy shall be updated annually and
shall 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 addr ess bullying by students at school on
school premises and by electronic communication, if the
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communication is specifically directed at students or school
personnel and concerns bullying at school is communicated in such a
way as to disrupt or interfere wi th the school’s educational mission
or the education of any student ;
2. Contain a procedure for reporting a student, a school
employee, a school volunteer or a parent or legal guardian to report
an act of bullying to a school official or law enforcement a gency,
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 that 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, student 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:
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a. an annual written notice of the pol icy be provided to
parents, legal guardians, staff, volunteers and
students, with age-appropriate language for students,
b. notice of the policy be posted at various locations
within each school site , including, but not limited
to, cafeterias, school bulle tin 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 appropr iate 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 t he reported
victim of bullying and the parents or legal guardians of the
reported perpetrator 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 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
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intentions or encourages another student to commit suicide, the
parents or legal guardians of the student(s) shall be notified
immediately;
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 enforcemen t 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 consultati on
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 prevention an d 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,
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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
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 designe e 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 proc edure 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 whereby a school may request the
disclosure of any information concerning students who have received
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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 school per sonnel, provided the disclosure of
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 O klahoma 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 di strict 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, school staff, school volunteers, community
representatives, local law enforcement agencies and students.
2. Before adopting the policy required by this section or any
modifications to the policy, the district board of education shall
hold at least one publi c 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 district board of
education shall provide notice of the public hearing to students and
the parents or legal guardians of students using social media and at
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least one other communication method regularly used by the board of
education.
3. Within thirty (30) days of approving the policy required by
this section and any modifications, the district board of educa tion
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 sc hool 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 s chool district or
classroom presided over by the teacher.
D. Except concerning students on individualized education plans
(IEP) 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 school
districts or to proscribe corporal punishment in the public schools.
The State Board of Education shall not have authority to require
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school districts to file student disciplinary action r eports more
often than once each year and shall not use disciplinary action
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 t his state
shall have the option of adopting a dress code for students 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 educati on 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. At least once each semester, the superintendent of a school
district shall provide to the district board of education a report
on the district’s bullying prevention activities and reported
incidents of bullying for the time period covered by the report.
The report shall be presented at a public meeting of the board of
education.
H. A district board of education shall provide the following to
each employee and to each newly hired employee:
1. The district’s policy adopted pursuant to this section; and
2. An explanation of the employee’s responsibilities with
regard to the implementation of the policy adopted pursuant to this
section.
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I. The State Board of Education shall:
1. Promulgate rules for periodically monitoring school
districts for compliance with this section and providing sanctions
for noncompliance with this sectio n;
2. Establish and maintain a central repository for the
collection of information regarding documented and verified
incidents of bullying; and
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 3. This act shall become effective July 1, 2021.
SECTION 4. 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.
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Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives