OK
Oklahoma Senate Bill SB222

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB222 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 222 By: Standridge of the Senate
28+ENGROSSED HOUSE AMENDME NTS
29+ TO
30+ENGROSSED SENATE BILL NO . 222 By: Standridge of the Senate
731
832 and
933
10- Pae, Rosecrants, Echols and
11-Lepak of the House
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34+ Pae of the House
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1636
1737 An Act relating to schools; amending 70 O.S. 2011,
1838 Section 24-100.3, as amended by Section 2, Chapter
1939 311, O.S.L. 2013 (70 O.S. Supp. 2020, Section 24 -
2040 100.3), which relates to definitions under the School
2141 Safety and Bullying Prevention Act; modifying
2242 definitions; amending 70 O.S. 2011, Section 24 -100.4,
2343 as last amended by Section 1, Chapter 277, O.S.L.
2444 2016 (70 O.S. Supp. 20 20, Section 24-100.4), which
2545 relates to the control and discipline of a child;
2646 requiring certain policy to be updated annually;
2747 modifying who can report incidents of bullying;
2848 requiring anonymous reports to be investigated in
2949 certain manner; providing immu nity from a cause of
3050 action for certain individuals making certain reports
3151 of bullying; requiring notification of the parents or
3252 legal guardians of certain students within certain
3353 time period of receiving a report of bullying;
3454 requiring immediate notificat ion of the parents or
3555 legal guardians of certain students who express
3656 certain thoughts or intentions; requiring certain
3757 policy to contain a statement prohibiting retaliation
3858 against certain school employees; requiring a
3959 district board of education to hold certain public
4060 hearing prior to adoption of certain policy and any
4161 modifications to certain policy; providing for notice
4262 of hearing; requiring submission of certain policy to
4363 the State Board of Education within certain time
4464 period; requiring a superintende nt to submit certain
4565 report to a district board of education at least once
46-each semester; and requiring a district board of
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66+each semester; requiring a district board of
4967 education to provide certain policy and explanation
50-to employees and newly hired employees .
68+to employees and newly hired employees; providing an
69+effective date; and declaring a n emergency.
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54-SUBJECT: Discipline in schools
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101+NOTE: Emergency failed
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103+AUTHOR: Add the following House Coauthor s: Rosecrants, Echols and
104+Lepak
105+
106+AMENDMENT NO. 1. Page 2, Line 16, delete the words "involves a
107+power imbalance and"
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109+and amend the title to conform
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111+Passed the House of R epresentatives the 21st day of April, 2021.
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117+Presiding Officer of the House of
118+ Representatives
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121+Passed the Senate the ____ day of __________, 2021.
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127+Presiding Officer of the Senate
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155+ENGROSSED SENATE
156+BILL NO. 222 By: Standridge of the Senate
157+
158+ and
159+
160+ Pae of the House
161+
162+
163+An Act relating to schools; amending 70 O.S. 2011,
164+Section 24-100.3, as amended by Section 2, Chapter
165+311, O.S.L. 2013 (70 O.S. Supp. 2020, Section 24 -
166+100.3), which relates to definitions under the School
167+Safety and Bullying Pre vention Act; modifying
168+definitions; amending 70 O.S. 2011, Section 24 -100.4,
169+as last amended by Section 1, Chapter 277, O.S.L.
170+2016 (70 O.S. Supp. 2020, Section 24 -100.4), which
171+relates to the control and discipline of a child;
172+requiring certain policy to be updated annually;
173+modifying who can report incidents of bullying;
174+requiring anonymous reports to be investigated in
175+certain manner; providing immunity from a cause of
176+action for certain individuals making certain reports
177+of bullying; requiring notificat ion of the parents or
178+legal guardians of certain students within certain
179+time period of receiving a report of bullying;
180+requiring immediate notification of the parents or
181+legal guardians of certain students who express
182+certain thoughts or intentions; requi ring certain
183+policy to contain a statement prohibiting retaliation
184+against certain school employees; requiring a
185+district board of education to hold certain public
186+hearing prior to adoption of certain policy and any
187+modifications to certain policy; providi ng for notice
188+of hearing; requiring submission of certain policy to
189+the State Board of Education within certain time
190+period; requiring a superintendent to submit certain
191+report to a district board of education at least once
192+each semester; requiring a distr ict board of
193+education to provide certain policy and explanation
194+to employees and newly hired employees; providing an
195+effective date; and declaring an emergency.
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55198
56199 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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57225
58226 SECTION 1. AMENDATORY 70 O.S. 2011, Section 24 -100.3, as
59227 amended by Section 2, Chapter 311, O.S.L. 2013 (70 O.S. Supp. 2020,
60228 Section 24-100.3), is amended to read as follows:
61-
62229 Section 24-100.3. A. As used in the School Safety and Bullying
63230 Prevention Act:
64-
65231 1. “Bullying” means any pattern of harassment, intimidation,
66232 threatening behavior, physical acts, verbal or unwanted, aggressive
67233 behavior committed in person or by electronic communication directed
68234 toward a student or group of students :
69-
70235 a. that results in or is reas onably perceived as being
71236 done with the intent to cause negative educational or
72237 physical results for the targeted individual or group
73238 and is communicated in such a way as to disrupt or
74239 interfere with the school’s educational mission or the
75240 education of any student, and
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77-b. that is repeated or is highly likely to be repeated.
78-
241+b. that involves a power imbalance and is repeated or is
242+highly likely to be repeated.
79243 Bullying actions shall include, but not be limited to,
80244 harassment, intimidation, threatening behavior, spreading rumors,
81245 attacking someone physically or ve rbally and excluding someone from
82246 a group as a means of causing harm ;
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84247 2. “At school” “On school premises” means on school grounds, in
85248 school vehicles, at school -sponsored activities , or at school-
86249 sanctioned events;
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88276 3. “Electronic communication” means the communication of any
89277 written, verbal, pictorial information or video content by means of
90278 an electronic device , including, but not limited to, a telephone, a
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93279 mobile or cellular telephone or other wireless telecommunication
94280 device, or a computer; and
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96281 4. “Threatening behavior” means any pattern of behavior or
97282 isolated action, whether or not it is directed at another person,
98283 that a reasonable person would believe indicates potential for
99284 future harm to students, school personnel , or school property.
100-
101285 B. Nothing in this act Section 24-100.1 et seq. of this title
102286 shall be construed to impose a specific liability on any school
103287 district.
104-
105288 SECTION 2. AMENDATORY 70 O.S. 2011, Section 24 -100.4, as
106289 last amended by Section 1, Chapter 277, O.S.L. 2016 (70 O.S. Supp.
107290 2020, Section 24-100.4), is amended to read as follows:
108-
109291 Section 24-100.4. A. Each district board of education shall
110292 adopt a policy for the discipline of all children attending public
111293 school in that district, and for the investigation of reported
112294 incidents of bullying. The policy shall be updated annually and
113295 shall provide options for the discipline of the students and shall
114296 define standards of conduct to which students are expected to
115297 conform. The policy shall:
116-
117298 1. Specifically addr ess bullying by students at school on
118299 school premises and by electronic communication, if the
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119326 communication is specifically directed at students or school
120327 personnel and concerns bullying at school is communicated in such a
121328 way as to disrupt or interfere wi th the school’s educational mission
122329 or the education of any student ;
123-
124330 2. Contain a procedure for reporting a student, a school
125331 employee, a school volunteer or a parent or legal guardian to report
126332 an act of bullying to a school official or law enforcement a gency,
127333 including a provision that permits a person to report an act
128334 anonymously. No formal disciplinary action shall be taken solely on
129335 the basis of an anonymous report ; provided, anonymous reports shall
130336 be investigated in the same manner as other reports ;
131-
132337 3. Contain a requirement that any school employee that has
133338 reliable information that would lead a reasonable person to suspect
134339 that a person is a target of bullying shall immediately report it to
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137340 the principal or a designee of the principal . A school employee,
138341 school volunteer, student or the parent or legal guardian of a
139342 student who promptly reports in good faith an incident of bullying
140343 to a school official and who makes the report in compliance with the
141344 provisions of this section shall be immune from a cause of action
142345 for damages arising out of the reporting itself or any failure to
143346 remedy the reported incident of bullying ;
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145347 4. Contain a statement of how the policy is to be publicized
146348 including a requirement that:
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147374
148375 a. an annual written notice of the pol icy be provided to
149376 parents, legal guardians, staff, volunteers and
150377 students, with age-appropriate language for students,
151-
152378 b. notice of the policy be posted at various locations
153379 within each school site , including, but not limited
154380 to, cafeterias, school bulle tin boards, and
155381 administration offices,
156-
157382 c. the policy be posted on the Internet website for the
158383 school district and each school site that has an
159384 Internet website, and
160-
161385 d. the policy be included in all student and employee
162386 handbooks;
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164387 5. Require that appropr iate school district personnel involved
165388 in investigating reports of bullying make a determination regarding
166389 whether the conduct is actually occurring;
167-
168390 6. Contain a procedure and requirement for providing
169391 notification to the parents or legal guardians of t he reported
170392 victim of bullying and the parents or legal guardians of the
171393 reported perpetrator of the bullying within twenty -four (24) hours
172394 of receipt of the report of bullying and providing timely
173395 notification to the parents or legal guardians of a victim of
174396 documented and verified bullying and to the parents or legal
175397 guardians of the perpetrator of the documented and verified
176398 bullying; provided, if a student expresses suicidal thoughts or
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177425 intentions or encourages another student to commit suicide, the
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180426 parents or legal guardians of the student(s) shall be notified
181427 immediately;
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183428 7. Identify by job title the school official responsible for
184429 enforcing the policy at each school site within a school district ;
185-
186430 8. Contain procedures for reporting to law enforcemen t all
187431 documented and verified acts of bullying which may constitute
188432 criminal activity or reasonably have the potential to endanger
189433 school safety;
190-
191434 9. Require annual training for administrators and school
192435 employees including school resource officers, as developed and
193436 provided by the State Department of Education in preventing,
194437 identifying, responding to and reporting incidents of bullying;
195-
196438 10. Provide for an educational program as designed and
197439 developed by the State Department of Education and in consultati on
198440 with the Office of Juvenile Affairs for students and parents in
199441 preventing, identifying, responding to and reporting incidents of
200442 bullying;
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202443 11. Establish a procedure for referral of a person who commits
203444 an act of bullying to a delinquency prevention an d diversion program
204445 administered by the Office of Juvenile Affairs;
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206446 12. Address prevention by providing:
207-
208447 a. consequences and remedial action for a person who
209448 commits an act of bullying,
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211475 b. consequences and remedial action for a student found
212476 to have falsely accused another as a means of
213477 retaliation, reprisal or as a means of bullying, and
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215478 c. a strategy for providing counseling or referral to
216479 appropriate services , including guidance, academic
217480 intervention, and other protection for students, both
218481 targets and perpetrators, and family members affected
219482 by bullying, as necessary;
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221483 13. Establish a procedure for:
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225484 a. the investigation, determination and documentation of
226485 all incidents of bullying reported to school
227486 officials,
228-
229487 b. identifying the principal or a designe e of the
230488 principal as the person responsible for investigating
231489 incidents of bullying,
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233490 c. reporting the number of incidents of bullying, and
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235491 d. determining the severity of the incidents and their
236492 potential to result in future violence;
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238493 14. Establish a proc edure whereby, upon completing an
239494 investigation of bullying, a school may recommend that available
240495 community mental health care, substance abuse or other counseling
241496 options be provided to the student, if appropriate; and
242-
243497 15. Establish a procedure whereby a school may request the
244498 disclosure of any information concerning students who have received
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245525 mental health, substance abuse , or other care pursuant to paragraph
246526 14 of this subsection that indicates an explicit threat to the
247527 safety of students or school per sonnel, provided the disclosure of
248528 the information does not violate the requirements and provisions of
249529 the Family Educational Rights and Privacy Act of 1974, the Health
250530 Insurance Portability and Accountability Act of 1996, Section 2503
251531 of Title 12 of the O klahoma Statutes, Section 1376 of Title 59 of
252532 the Oklahoma Statutes , or any other state or federal laws regarding
253533 the disclosure of confidential information ; and
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255534 16. Contain a statement prohibiting retaliation against a
256535 school employee who notifies the di strict board of education or the
257536 State Department of Education of noncompliance with the provisions
258537 of this section.
259-
260538 B. 1. In developing the policy, the district board of
261539 education shall make an effort to involve the teachers, parents,
262540 administrators, school staff, school volunteers, community
263541 representatives, local law enforcement agencies and students.
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267542 2. Before adopting the policy required by this section or any
268543 modifications to the policy, the district board of education shall
269544 hold at least one publi c hearing on the proposed policy or
270545 modifications to the policy. The public hearing may be held as part
271546 of a regularly scheduled board meeting. The district board of
272547 education shall provide notice of the public hearing to students and
273548 the parents or legal guardians of students using social media and at
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274575 least one other communication method regularly used by the board of
275576 education.
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277577 3. Within thirty (30) days of approving the policy required by
278578 this section and any modifications, the district board of educa tion
279579 shall submit a copy to the State Department of Education.
280-
281580 4. The students, teachers , and parents or guardian legal
282581 guardians of every child residing within a school district shall be
283582 notified by the district board of education of its adoption of the
284583 policy and shall receive a copy upon request. The school district
285584 policy shall be implemented in a manner that is ongoing throughout
286585 the school year and is integrated with other violence prevention
287586 efforts.
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289587 C. The teacher of a child attending a public sc hool shall have
290588 the same right as a parent or legal guardian to control and
291589 discipline such child according to district policies during the time
292590 the child is in attendance or in transit to or from the school or
293591 any other school function authorized by the s chool district or
294592 classroom presided over by the teacher.
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296593 D. Except concerning students on individualized education plans
297594 (IEP) pursuant to the Individuals with Disabilities Education Act
298595 (IDEA), P.L. No. 101 -476, the State Board of Education shall not
299596 have authority to prescribe student disciplinary policies for school
300597 districts or to proscribe corporal punishment in the public schools.
301598 The State Board of Education shall not have authority to require
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302625 school districts to file student disciplinary action r eports more
303626 often than once each year and shall not use disciplinary action
304627 reports in determining a school district’s or school site’s
305628 eligibility for program assistance including competitive grants.
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307629 E. The board of education of each school district in t his state
308630 shall have the option of adopting a dress code for students enrolled
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311631 in the school district. The board of education of a school district
312632 shall also have the option of adopting a dress code which includes
313633 school uniforms.
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315634 F. The board of educati on of each school district in this state
316635 shall have the option of adopting a procedure that requires students
317636 to perform campus-site service for violating the district’s policy.
318-
319637 G. At least once each semester, the superintendent of a school
320638 district shall provide to the district board of education a report
321639 on the district’s bullying prevention activities and reported
322640 incidents of bullying for the time period covered by the report.
323641 The report shall be presented at a public meeting of the board of
324642 education.
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326643 H. A district board of education shall provide the following to
327644 each employee and to each newly hired employee:
328-
329645 1. The district’s policy adopted pursuant to this section; and
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331646 2. An explanation of the employee’s responsibilities with
332647 regard to the implementation of the policy adopted pursuant to this
333648 section.
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335675 I. The State Board of Education shall:
336-
337676 1. Promulgate rules for periodically monitoring school
338677 districts for compliance with this section and providing sanctions
339678 for noncompliance with this sectio n;
340-
341679 2. Establish and maintain a central repository for the
342680 collection of information regarding documented and verified
343681 incidents of bullying; and
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345682 3. Publish a report annually on the State Department of
346683 Education website regarding the number of documented and verified
347684 incidents of bullying in the public schools in the state.
685+SECTION 3. This act shall become effective July 1, 2021.
686+SECTION 4. It being immediately necessary for the preservation
687+of the public peace, health or safety, an emergency is hereby
688+declared to exist, by reason whereof this act shall take effect and
689+be in full force from and after its passage and approval.
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352-Passed the Senate the 4th day of May, 2021.
716+Passed the Senate the 11th day of March, 2021.
353717
354718
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356720 Presiding Officer of the Senate
357721
358722
359-Passed the House of Representatives the 21st day of April, 2021.
723+Passed the House of Representatives the ____ day of __________,
724+2021.
360725
361726
362727
363728 Presiding Officer of the House
364729 of Representatives
365730
366-OFFICE OF THE GOVERNOR
367-Received by the Office of the Governor this _______ _____________
368-day of _________________ __, 20_______, at _______ o'clock _______ M.
369-By: _______________________________ __
370-Approved by the Governor of the State of Oklahoma this _____ ____
371-day of _________________ __, 20_______, at _______ o'clock _______ M.
372731
373- _________________________________
374- Governor of the State of Oklahoma
375-
376-
377-OFFICE OF THE SECRETARY OF STATE
378-Received by the Office of the Secretary of State this _______ ___
379-day of __________________, 20 _______, at _______ o'clock _______ M.
380-By: _______________________________ __