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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1441 By: Provenzano
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 6-192 and 6-194, as amended by Section 1,
Chapter 211, O.S.L. 2022 (70 O. S. Supp. 2022, Section
6-194), which relate to professional development;
requiring digital program to be completed at a
frequency determined by the board of education;
deleting outdated language; authorizing completion of
certain programs at a frequency de termined by the
board; modifying fre quency of child abuse training;
altering frequency of dyslexia and d ysgraphia
program; establishing maximum amount of mandatory
professional development and training in a five-year
period; requiring teachers to maintain certain
documentation; amending 70 O.S. 2021, Section 6-
194.3, which relates to student mental health
training for teachers; modifying frequency of
training; amending 70 O.S. 2021, Section 6 -195, which
relates to teacher induction programs; authorizing
board to establish frequency for training; amending
70 O.S. 2021, Section 11 -103.6j, which relates to
workplace safety training curriculum; requiring board
to determine frequency of training; amending 70 O.S.
2021, Section 24-100.4, which relates to the School
Safety and Bullying Prevention Act ; altering
frequency of bullying prevention training; amending
70 O.S. 2021, Section 24 -100.7, which relates to
suicide awareness and prevention; adjusting frequency
of training; amending 70 O.S. 2021, Section 1210.229-
5, which relates to substance abuse programs;
modifying frequency of teacher training; providing an
effective date; and dec laring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -192, is
amended to read as follows:
Section 6-192. A. It is hereby declared to be the intent of
the Legislature to establish a professional development procedure
whereby all teachers in the state continue their education beyond
initial certification by the state to ensure that the children of
the state are taught by professional educators, fully prepared in
their areas of expertise. Furthermore, such professional
development procedure shall provide alterna tive means of education,
including one or more of the following: In -service programs, higher
education courses, or other alternative means of education designed
to help teachers enrich their professional abilities.
B. The professional development procedu re shall include digital
teaching and learning standards to enhance content delivery to
students and improve student achievement. A local school district
board of education shall require a program for teachers which shall
emphasize the importance of digit al teaching and learning standards.
The program shall be completed the first year a certified teacher is
employed by a school district, and then at a frequency as determined
by the local board of education.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, as
amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 6-194), is amended to read as follows:
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Section 6-194. A. The district boards of education of this
state shall establish professional development p rograms for the
certified teachers and administrators of the di strict. Programs
shall be adopted by each board based upon recommendations of a
professional development committee appointed by the board of
education for the district. For the fiscal years e nding June 30,
2011, and June 30, 2012, a school district board of education may
elect not to adopt and offer a professional development program f or
certified teachers and administrators of the district . If a school
district elects not to adopt and offer a professional development
program, the district may expend any monies allocated for
professional development for any purpose related to the suppo rt and
maintenance of the school district as determined by the b oard of
education of the school district.
B. Each professional development committee shall include
classroom teachers, administrators, school counselors or licensed
mental health providers, a nd parents, guardians or custodians of
children in the school di strict and shall consult with a higher
education faculty. A majority of the members of the professional
development committee shall be compos ed of classroom teachers. The
teacher members shall be selected by a designated administrator of
the school district from a list of names submitted by the teac hers
in the school district. The members selected shall be sub ject to
the approval of a majorit y vote of the teachers in the district.
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C. In developing program recommendations, each professional
development committee shall annually utilize a data -driven approach
to analyze student data and determine district and sch ool
professional development need s. The professional development
programs adopted shall be directed toward development of
competencies and instruc tional strategies in the core curriculum
areas for the following goals:
1. Increasing the academic performan ce data scores for the
district and each school site;
2. Closing achievement gaps among student subgroups;
3. Increasing student achievement as d emonstrated on state-
mandated tests and the AC T;
4. Increasing high school graduation rates; and
5. Decreasing college remediation rates.
Each program may also include components on classroo m management
and student discipline strategies, outreach to pare nts, guardians or
custodians of students, spec ial education, and racial and ethnic
education, which all perso nnel defined as teachers in Section 1-116
of this title shall be required to comple te on a periodic basis at a
frequency as determined by the board of education. The State Board
of Education shall provide guidelines to assist school districts in
developing and implementing racial and ethnic education componen ts
into professional development programs.
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D. At a minimum of once an academic yea r a A program shall be
offered which includes the follo wing information shall be completed
the first year a certified teacher is employed by a school dis trict,
and then once every fifth academic year:
1. Training on recognition of child abuse and negl ect;
2. Recognition of child sexual abuse;
3. Proper reporting of suspected abuse; and
4. Available resources.
E. One time per year, beginning in the 2009-2010 school year,
training in the area of autism sh all be offered and all resident
teachers of students in early childhood programs through grade three
shall be required to complete the autism training during the
resident year and at least one time every three (3) years
thereafter. All other teachers and education support professionals
of students in early childhood programs through grade three shall be
required to complete the autism training at least one time every
three (3) years. The autism training shall include a minimum
awareness of the characteris tics of autistic children, resources
available and an introduction to positive behavior supports to
challenging behavior. Each adopted program shall allow school
counselors to receive at least one-third (1/3) of the hours or
credit required each year thro ugh programs or courses specifically
designed for school counselors.
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Districts are authorized to utilize any means for professional
development that is not prohibited by law including, but not limited
to, professional development provided by the district, any state
agency, institution of higher e ducation, or any pri vate entity.
F. One time per year, beginnin g in the 2020-2021 school year, a
A dyslexia awareness program shall be offered completed the first
year a certified teacher is employed by a school dis trict, and then
once every fifth academic year. Beginning in the 2023 -2024 school
year, the program sha ll include information and training in
dysgraphia. At a minimum, the program shall include:
1. Training in awareness of dyslexia characteristics in
students;
2. Training in effective classr oom instruction to meet the
needs of students with dyslexia; and
3. Available dyslexia resources for teacher s, students and
parents.
G. Except as otherwise provided for in this subsection, each
certified teacher in this state shall be required by the dis trict
board of education to meet the professi onal development requirements
established by the board, or established through the negotiati on
process. Except as otherwise provided for in this subsection, t he
professional development requirements established by each board of
education shall require eve ry teacher to annually complete a minimum
number of the total nu mber of points required to m aintain
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employment; provided, no more than a total of one hundred fifty
(150) hours of local, state, or federal professional development or
training shall be required for class room teachers during any five-
year period. Failure of any teacher to meet district boar d of
education professional development requirements m ay be grounds for
nonrenewal of such teacher 's contract by the board. Such failure
may also be grounds for n onconsideration of salary increme nts
affecting the teacher. For the fiscal years ending June 30, 2011,
and June 30, 2012, a certified teacher shal l not be required to
complete any points of t he total number of professional develo pment
points required. Provided, a teacher may elect to co mplete some or
all of the minimum number of points required for the two (2) fiscal
years and any points completed shall be counted toward the total
number of points required to maintain employment. If a teacher does
not complete some or all of the minimum number of points required
for one (1) or both fiscal years, the total number of points
required to maintain emplo yment shall be adjusted and reduced by the
number of points not completed. Teachers shall maintain written
documentation of all their completed professional development.
H. Each district shall annuall y submit a report to the State
Department of Education on the district level professional
development needs, activities completed, expenditures, and r esults
achieved for each school year by each goal as provided in subsection
C of this section. If a school district elects not to adopt and
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offer a professional development program as provided for in
subsection A of this section, the district shall not be required to
submit an annual report as requi red pursuant to this subsection but
shall report to the State Department of Education its election not
to offer a program and all professional development act ivities
completed by teachers and administrators of t he school district.
I. Subject to the availa bility of funds, the Department shall
develop an online syste m for reporting as required in subsection H
of this section. The Department shall also make suc h information
available on its website.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-194.3, is
amended to read as follows:
Section 6-194.3 A. The State Department of Education and the
Department of Mental Health and Substance Abuse Services, in
consultation with school district superintendents and sch ool
district boards of education, shall develop and make available to
school districts information, training , and resources to help school
employees recognize and address the mental health needs of students.
A local school district board of education shall require a training
program for teachers which shall emphasize the importance of
recognizing and addressing the mental health needs of students. The
program shall be completed the first year a certified teacher is
employed by a school dis trict, and then once every third fifth
academic year.
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B. The information made available to school districts shall
include, but not be limited to:
1. Information about the services provided by community -based
organizations related to mental health, substance abu se, and trauma;
2. Information about the impact trauma and adverse childhood
experiences can have on a student 's ability to learn;
3. The availability of mental health evaluation and treatment
available by telemedicine; and
4. Information about evidence -based strategies for prevention
of at-risk behaviors.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -195, is
amended to read as follow s:
Section 6-195. A. As funds are available, the State Department
of Education in consultation with the Office of Educational Qu ality
and Accountability shall administer an induction program for
teachers which shall be approved by the State Board of Education.
Beginning with the 2015 -2016 school year, each school district shall
participate in the induction program. The program sh all include,
but not be limited to:
1. Guidance to school districts for successful induction
programs;
2. Training for school districts to include the selection,
function and duties of mentors; and
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3. Resources for appropriate p rofessional development, support,
mentorship and coaching for the inductee and mentors.
B. The induction program training shall be completed at a
frequency as determined by the board of education.
C. The State Board of Education may promulgate ru les for
administration of the ind uction program.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 11 -103.6j,
is amended to read as follows:
Section 11-103.6j A. The State Department of Education, in
collaboration with the Oklahoma Department of Labor, shall make
available to school districts information regarding workplace safety
training for grades seven through twelve. Such information shall
include the Oklahoma D epartment of Labor's "Youth @ Work Talking
Safety: A Safety and Health Curri culum for Young Workers".
B. The State Department of Education shall encourage school
districts to inform grade -seven through -twelve teachers about the
importance of incorporati ng workplace safety training in their
curriculum.
C. A local school district board of education shall require a
program for seventh-grade through twelfth -grade teachers which shall
emphasize the importance of incorporating workplace safety training
into curriculum. The program shall be completed the first year a
certified teacher is employed by a school district, and then at a
frequency as determined by the local board.
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D. The State Board of Educati on shall promulgate rules to
implement the provisions of this act.
SECTION 6. AMENDATORY 70 O.S. 2021, Sect ion 24-100.4, is
amended to read as follows:
Section 24-100.4 A. Each school 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 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 school and by
electronic communication, if the communication is specifically
directed at students or school personnel and concerns bullying at
school;
2. Contain a procedure for reporting an act of bullyi ng 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;
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;
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4. Contain a statement of how the policy is to be pub licized
including a requirement that:
a. an annual written notice of the policy be provided to
parents, 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 bulletin boards, and administration
offices,
c. the policy be posted on the Internet w ebsite 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 for providing timely notification to the
parents or guardians of a victim of documented and verified bullying
and to the parents or guardians of the perpetrator o f the documented
and verified bullying;
7. Identify by job title the school official responsible for
enforcing the policy;
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8. Contain procedures for reporting to law enforcement 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 adminis trators and school
employees as developed and provided by the State Department of
Education in preventing, identifying, responding to and reporting
incidents of bullying. The training shall be completed the first
year an administrator or school employee is employed by a school
district, and then once every fifth academic year;
10. Provide for an educational program as designed and
developed by the State Depart ment of Education and in consultation
with the Office of Juvenile Affairs for students and parents in
preventing, identifying, responding to and repo rting incidents of
bullying;
11. Establish a procedure for referral of a person who commits
an act of bullying to a delinquency prevention 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 actio n 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 protec tion 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 i ncidents of bullying, and
d. determining the severity of the incidents and their
potential to result in fut ure violence;
14. Establish a procedure whereby, upon completing an
investigation of bullying, a school may recommend that available
community mental health care, substance ab use 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
mental health, substa nce abuse, or other care pu rsuant to paragraph
14 of this subsection that indicates an explicit threat to t he
safety of students or school personnel, provided the disclosure of
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the information does not violate the requirements and provisions of
the Family Educational Rights and Priv acy 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 confident ial information.
B. 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 enforceme nt agencies and students. The
students, teachers, and parents or guardian 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 schoo l district policy shall be implemented in a
manner that is ongoing throughout the school year and is integr ated
with other violence prevention efforts.
C. The teacher of a child attending a public school shall have
the same right as a parent or guardian t o 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) pursuant to the Individuals with Disabil ities Education Act
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(IDEA), P.L. No. 101 -476, the State Board of Education shall not
have authority to prescribe student disciplinary policies for sc hool
districts or to proscr ibe corporal punishment in the public schools.
The State Board of Education sha ll not have authority to require
school districts to file student disciplinary action reports more
often than once each year and shall not use discip linary action
reports in determining a school district's or school site's
eligibility for program assistanc e 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 s tudents enrolled
in the school district. The board of education of a school district
shall also have the o ption 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 th at requires students
to perform campus-site service for violating the district 's policy.
G. The State Board of Education shall:
1. Promulgate rules for periodically monitoring school
districts for compliance with this section a nd 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; and
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3. Publish a report annually on the State Department of
Education website regar ding the number of documented and verified
incidents of bullying in the public s chools in the state.
SECTION 7. AMENDATORY 70 O.S. 2021, Section 24 -100.7, is
amended to read as follows:
Section 24-100.7 A. The board of education of each school
district in this state shall adopt a policy regarding suicide
awareness and training, requiring staff training and the reporting
of student drug abuse.
B. The board of education of each school district in this state
shall provide district-wide training to all staff on a biennial
basis members in their first year employed by the school district,
and then once every fifth academic year, addressing suicide
awareness and preven tion. The Department of Mental Health and
Substance Abuse Services shall make available to school districts
curriculum for staff which addresses suicide awareness and
prevention, without cost to the school di stricts. The course
outline for the curriculum shall be made available to the public
online through the school dis trict website. Beginning with the
2021-2022 school year, every school district shall:
1. Provide a suicide prevention training program whic h includes
as a core element evidence -based approaches;
2. Provide the curriculum made available by the Department of
Mental Health and Substance Abuse Services; or
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3. Provide a suicide prevention training program that is
selected by the school district from a list maintained by the
Department of Mental Health and Substance Abuse Services to school
district staff that addresses suicide awareness and prevention. The
training program may be combined with any other training provided by
the school district a ddressing bullying prevention.
C. Beginning with the 2022-2023 school year, the board of
education of each school district may provide training to address
suicide awareness and prevention to students in grades seven through
twelve.
D. Teachers, counselor s, principals, administrators and other
school personnel shall be immune from employment discipline and any
civil liability for:
1. Calling the 911 emergency telephone number, law enforcement
or the Department of Human Services if they believe a student p oses
a threat to themselves or others or if a s tudent has committed or
been the victim of a violent act or threat o f a violent act;
2. Providing referral, emergency medical care or other
assistance offered in good faith to a student or other youth; or
3. Communicating information in good faith concer ning drug or
alcohol abuse or a potential safety threat by or to any student to
the parents or legal guardians of the student, law enforcement
officers or health care providers.
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E. No person shall have a caus e of action for any loss or
damage caused by any act or omission resulting from the
implementation of this section or resulting from any training, or
lack thereof, required by this section, unless the loss or damage
was caused by willful or wanton miscondu ct.
F. The training required pursuant to this section, or the lack
thereof, shall not be construed to impose any s pecific duty of care.
G. The board of education of each school district may enter
into agreements with designated Youth Services Agencies fo r the
provision of intervention and prevention services.
H. Teachers, counselors, principals, administrators or ot her
school personnel, upon determining that a student is at risk of
attempting suicide, shall notify the parents or legal guardians of
the student immediately upon determining that such ri sk exists.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.229-5,
is amended to read as follows:
Section 1210.229-5 A. The State Superintendent of Public
Instruction and State Department of Educa tion in conjunction with
the Oklahoma Drug and Alcohol Abuse Policy Board shall:
1. Establish objective criteria, guidelines and a comprehensive
integrated curriculum for substance abuse programs and the teaching
of life skills in local schools and school districts;
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2. Establish and review annually model policies for alcohol and
drug abuse issues, including, but not limited to, policies regarding
disciplinary actions and re ferral for services;
3. Develop and implement strategies which encourage all schools
to employ guidance counsel ors trained in substance abuse prevention
and life skills and to develo p and begin implementing quality
substance abuse and life skills educatio n programs; and
4. Develop guidelines and criteria to encourage teachers and
administrators to receive in -service training on alcohol and drug
abuse. The training or workshops should shall be included in the
staff development point system. The training or workshop shall be
completed the first year a certified teacher is employed by a school
district, and then onc e every third fifth academic year.
B. The State Department of Educatio n shall distribute
information or reports provided by the Oklahoma Drug a nd Alcohol
Abuse Policy Board, to each school district and, upon request, to
members of the publi c. Upon request of the chief administrator of a
school or school district, the Depart ment shall provide technical
assistance to schools and school districts t o implement policies and
programs pursuant to guidelines provided by the Oklahoma Drug and
Alcohol Abuse Policy Board and shall provide a clearinghouse program
accessible by school di stricts to provide information about life
skills and drug and alcohol abu se prevention curricula and programs.
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C. Final determination of materials to be used, means of
implementation of the curriculum, and ages and times at which
students receive instruct ion about said life skills and drug and
alcohol abuse prevention shall be made by the local school district
board of education. The local school district, at least one (1)
month prior to giving such instruction to students, shall conduct
for parents and guardians of students involved, during weekend or
evening hours, at least one presentation conce rning the plans for
instruction and the materials to be used. No student shall be
required to receive instruction about said life skills and drug and
alcohol abuse prevention if a parent or guardian of the student
objects in writing.
SECTION 9. This act shall become effective July 1, 2023.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-6097 EK 01/17/23