Oklahoma 2023 Regular Session

Oklahoma House Bill HB1441 Compare Versions

OldNewDifferences
1-An Act
2-ENROLLED HOUSE
1+
2+
3+SENATE FLOOR VERSION - HB1441 SFLR Page 1
4+(Bold face denotes Committee Amendments) 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+
29+SENATE FLOOR VERSION
30+April 11, 2023
31+
32+
33+ENGROSSED HOUSE
334 BILL NO. 1441 By: Provenzano, Ranson, and
435 Hefner of the House
536
637 and
738
839 Pugh of the Senate
940
1041
1142
43+
44+
1245 An Act relating to schools; amending 70 O.S. 2021,
1346 Sections 6-192 and 6-194, as amended by Secti on 1,
14-Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022,
15-Section 6-194), which relate to professional
16-development; requiring digital program to be
17-completed at a frequency determined by the board of
18-education; deleting outdated language; authorizing
19-completion of certain programs at a frequency
20-determined by the board; modifying fre quency of
21-child abuse training; establishing maximum amount
22-of mandatory professional development and training
23-in a five-year period; requiring teachers to
24-maintain certain docum entation; amending 70 O.S.
25-2021, Section 6-194.3, which relates to student
26-mental health training for teachers; modifying
27-frequency of training; am ending 70 O.S. 2021,
28-Section 6-195, which relates to teacher induction
29-programs; authorizing board to establish frequency
30-for training; amending 70 O.S. 2021, Section 11-
31-103.6j, which relates to workplace safety training
32-curriculum; requiring board to dete rmine frequency
33-of training; amending 70 O.S. 2021, Section 24 -
34-100.4, which relates to the School Safety and
47+Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, Section
48+6-194), which relate to professional development;
49+requiring digital program to be completed at a
50+frequency determined by the board of education;
51+deleting outdated language; authorizing completion of
52+certain programs at a frequency dete rmined by the
53+board; modifying fre quency of child abuse training;
54+establishing maximum amount of mandatory professional
55+development and training in a five-year period;
56+requiring teachers to maintain certain docum entation;
57+amending 70 O.S. 2021, Section 6-194.3, which relates
58+to student mental health training for teachers;
59+modifying frequency of training; am ending 70 O.S.
60+2021, Section 6-195, which relates to teacher
61+induction programs; authorizing board to establish
62+frequency for training; amending 70 O.S. 2021,
63+Section 11-103.6j, which relates to workplace safety
64+training curriculum; requiring board to dete rmine
65+frequency of training; amending 70 O.S. 2021, Section
66+24-100.4, which relates to the School Safety and
3567 Bullying Prevention Act; altering frequency of
36-bullying prevention training; amending 70 O.S.
37-2021, Section 24-100.7, which relates to suicide
38-awareness and prevention; adjusting frequency of
39-training; amending 70 O.S. 2021, Section 1210.229-
40-5, which relates to substance abuse programs;
41-modifying frequency of teacher training; providing
42-an effective date; and dec laring an emergency.
68+bullying prevention training; amending 70 O.S. 2021,
69+Section 24-100.7, which relates to suicide awar eness
70+and prevention; adjusting frequency of training;
71+amending 70 O.S. 2021, Section 1210.229-5, which
72+relates to substance abuse programs; modifying
73+frequency of teacher training; providing an effective
74+date; and declaring an emergency.
4375
44-SUBJECT: Schools
4576
46-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. H. B. NO. 1441 Page 2
77+SENATE FLOOR VERSION - HB1441 SFLR Page 2
78+(Bold face denotes Committee Amendments) 1
79+2
80+3
81+4
82+5
83+6
84+7
85+8
86+9
87+10
88+11
89+12
90+13
91+14
92+15
93+16
94+17
95+18
96+19
97+20
98+21
99+22
100+23
101+24
47102
103+
104+
105+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48106 SECTION 1. AMENDATORY 70 O.S. 2021, Sect ion 6-192, is
49107 amended to read as follows :
50-
51108 Section 6-192. A. It is hereby declared to be the intent of
52109 the Legislature to establish a profes sional development procedure
53110 whereby all teachers in the state continue their education beyond
54111 initial certification by the state to ensure that the childr en of
55112 the state are taught by professional educators, fully prepared in
56113 their areas of expertise. Fu rthermore, such professional
57114 development procedure shall provide alterna tive means of education,
58115 including one or more of the following: In-service programs, higher
59116 education courses, or other alternative means of education designed
60117 to help teachers enric h their professional abilities.
61-
62118 B. The professional development procedu re shall include digital
63119 teaching and learning standards to enhance content deliver y to
64120 students and improve student achievement. A local school district
65121 board of education shall requ ire a program for teachers which shall
66122 emphasize the importance of digit al teaching and learning standards.
67123 The program shall be completed the first year a certified teacher is
68124 employed by a school district, and then at a frequency as determined
69125 by the local board of education.
70126
127+SENATE FLOOR VERSION - HB1441 SFLR Page 3
128+(Bold face denotes Committee Amendments) 1
129+2
130+3
131+4
132+5
133+6
134+7
135+8
136+9
137+10
138+11
139+12
140+13
141+14
142+15
143+16
144+17
145+18
146+19
147+20
148+21
149+22
150+23
151+24
152+
71153 SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, as
72154 amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022,
73155 Section 6-194), is amended to read as follows:
74-
75156 Section 6-194. A. The district boards of education of this
76157 state shall establish professional development p rograms for the
77158 certified teachers and administrators of the district. Programs
78159 shall be adopted by each board based upon recommendations of a
79160 professional development committee appoi nted by the board of
80161 education for the district. For the fiscal years e nding June 30,
81162 2011, and June 30, 2012, a school district board of education may
82163 elect not to adopt and offer a professional development program f or
83164 certified teachers and administrato rs of the district. If a school
84165 district elects not to adopt and offer a professional development
85166 program, the district may expend any monies allocated for
86167 professional development for any purpose related to the suppo rt and
87168 maintenance of the school distr ict as determined by the b oard of
88169 education of the school district.
89-
90170 B. Each professional development committee shall include
91-classroom teachers, administrators, school counselors or licensed ENR. H. B. NO. 1441 Page 3
171+classroom teachers, administrators, school counselors or licensed
92172 mental health providers, a nd parents, guardians or custodians of
93173 children in the school di strict and shall consult with a higher
94174 education faculty. A majority of the members of the professional
95175 development committee shall be composed of classroom teachers. The
96176 teacher members shall be selected by a designated adminis trator of
177+
178+SENATE FLOOR VERSION - HB1441 SFLR Page 4
179+(Bold face denotes Committee Amendments) 1
180+2
181+3
182+4
183+5
184+6
185+7
186+8
187+9
188+10
189+11
190+12
191+13
192+14
193+15
194+16
195+17
196+18
197+19
198+20
199+21
200+22
201+23
202+24
203+
97204 the school district from a list of names submitted by the teac hers
98205 in the school district. The members selected shall be subject to
99206 the approval of a majority vote of the teachers in the district.
100-
101207 C. In developing program recommendations, each professional
102208 development committee shall annually utilize a data -driven approach
103209 to analyze student data and determine district and school
104210 professional development needs. The professional development
105211 programs adopted shall be directed toward development o f
106212 competencies and instruc tional strategies in the core curriculum
107213 areas for the following goals:
108-
109214 1. Increasing the academic performance data scores for the
110215 district and each school site;
111-
112216 2. Closing achievement gaps among student subgroups;
113-
114217 3. Increasing student achievement as d emonstrated on state-
115218 mandated tests and the AC T;
116-
117219 4. Increasing high school graduation rates; and
118-
119220 5. Decreasing college remediation rates.
120-
121221 Each program may also include components on classroo m management
122222 and student discipline st rategies, outreach to pare nts, guardians or
123223 custodians of students, spec ial education, and racial and ethnic
124224 education, which all personnel defined as teachers in Section 1-116
125225 of this title shall be required to comple te on a periodic basis at a
126226 frequency as determined by the board of education. The State Board
127227 of Education shall provide guidelines to assist school di stricts in
228+
229+SENATE FLOOR VERSION - HB1441 SFLR Page 5
230+(Bold face denotes Committee Amendments) 1
231+2
232+3
233+4
234+5
235+6
236+7
237+8
238+9
239+10
240+11
241+12
242+13
243+14
244+15
245+16
246+17
247+18
248+19
249+20
250+21
251+22
252+23
253+24
254+
128255 developing and implementing racial and ethnic education components
129256 into professional development programs.
130-
131257 D. At a minimum of once an academic year a A program shall be
132258 offered which includes the follo wing information shall be completed
133259 the first year a certified teacher is employed by a school district,
134260 and then once every fifth academic year:
135-
136-1. Training on recognition of child a buse and neglect; ENR. H. B. NO. 1441 Page 4
137-
261+1. Training on recognition of child a buse and neglect;
138262 2. Recognition of child sexual abuse;
139-
140263 3. Proper reporting of suspected abuse; and
141-
142264 4. Available resources.
143-
144265 E. One time per year, beginning in the 2009-2010 school year,
145266 training in the area of autism sh all be offered and all resident
146267 teachers of students in early childhood programs through grade three
147268 shall be required to complete the autism training during the
148269 resident year and at least one time every three (3) years
149270 thereafter. All other teachers and education support professionals
150271 of students in early childhood programs through grade three shall be
151272 required to complete the autism training at least one time every
152273 three (3) years. The autism training shall include a minimum
153274 awareness of the characteris tics of autistic children, resour ces
154275 available and an introduction to positive behavior supports to
155276 challenging behavior. Each adopted program shall allow school
156277 counselors to receive at least one-third (1/3) of the hours or
278+
279+SENATE FLOOR VERSION - HB1441 SFLR Page 6
280+(Bold face denotes Committee Amendments) 1
281+2
282+3
283+4
284+5
285+6
286+7
287+8
288+9
289+10
290+11
291+12
292+13
293+14
294+15
295+16
296+17
297+18
298+19
299+20
300+21
301+22
302+23
303+24
304+
157305 credit required each year thro ugh programs or courses specifica lly
158306 designed for school counselors.
159-
160307 Districts are authorized to utilize any means for professional
161308 development that is not prohibited by law including, but not limited
162309 to, professional development provided by the district, any state
163310 agency, institution of higher education, or any pri vate entity.
164-
165311 F. One time per year, beginnin g in the 2020-2021 school year, a
166312 dyslexia awareness program shall be offered. Beginning in the 2023-
167313 2024 school year, the program sha ll include information and training
168314 in dysgraphia. At a minimum, the program shall include:
169-
170315 1. Training in awareness of dysl exia characteristics in
171316 students;
172-
173317 2. Training in effective classroom instruction to meet the
174318 needs of students with dyslexia; and
175-
176319 3. Available dyslexia resources for teacher s, students and
177320 parents.
178-
179321 G. Except as otherwise provided for in this subsection, each
180322 certified teacher in this state shall be required by the district
181-board of education to meet the professi onal development requirements ENR. H. B. NO. 1441 Page 5
323+board of education to meet the professional development requirements
182324 established by the board, or estab lished through the negotiation
183325 process. Except as otherwise provided for in this subsection, the
184326 professional development requirements established by each board of
185327 education shall require every teacher to annually complete a minimum
186328 number of the total nu mber of points required to maintain
329+
330+SENATE FLOOR VERSION - HB1441 SFLR Page 7
331+(Bold face denotes Committee Amendments) 1
332+2
333+3
334+4
335+5
336+6
337+7
338+8
339+9
340+10
341+11
342+12
343+13
344+14
345+15
346+16
347+17
348+18
349+19
350+20
351+21
352+22
353+23
354+24
355+
187356 employment; provided, no more than a total of one hundred fifty
188357 (150) hours of local, state, or federal professional development or
189358 training shall be required for class room teachers during any five-
190359 year period. Failure of any teacher to meet district boar d of
191360 education professional development requirements may be grounds for
192361 nonrenewal of such teacher's contract by the board. Such failure
193362 may also be grounds for n onconsideration of salary increme nts
194363 affecting the teacher. For the fiscal years ending June 30, 2011,
195364 and June 30, 2012, a certified teacher shall not be required to
196365 complete any points of the total number of professional development
197366 points required. Provided, a teacher may elect to co mplete some or
198367 all of the minimum number of points required for the two (2) fiscal
199368 years and any points completed shall be counted toward the total
200369 number of points required to maintain employment. If a teacher does
201370 not complete some or all of the minimum number of points required
202371 for one (1) or both fiscal years, the total number of points
203372 required to maintain employment shall be adjusted and reduced by the
204373 number of points not completed. Teachers shall maintain written
205374 documentation of all their completed professional development.
206-
207375 H. Each district shall annuall y submit a report to the State
208376 Department of Education on the district level professional
209377 development needs, activities completed, expenditures, and results
210378 achieved for each school year by each goal as provided in subsection
211379 C of this section. If a school district elects not to adopt and
380+
381+SENATE FLOOR VERSION - HB1441 SFLR Page 8
382+(Bold face denotes Committee Amendments) 1
383+2
384+3
385+4
386+5
387+6
388+7
389+8
390+9
391+10
392+11
393+12
394+13
395+14
396+15
397+16
398+17
399+18
400+19
401+20
402+21
403+22
404+23
405+24
406+
212407 offer a professional development program as provided for in
213408 subsection A of this section, the district shall not be required to
214409 submit an annual report as requi red pursuant to this subsection but
215410 shall report to the State Department of Education its election not
216411 to offer a program and all professional development activities
217412 completed by teachers and administrators of the school district.
218-
219413 I. Subject to the availa bility of funds, the Department shall
220414 develop an online syste m for reporting as required in subsection H
221415 of this section. The Department shall also make such information
222416 available on its website.
223-
224417 SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-194.3, is
225418 amended to read as follows:
226- ENR. H. B. NO. 1441 Page 6
227419 Section 6-194.3 A. The State Department of Education and the
228420 Department of Mental Health an d Substance Abuse Services, in
229421 consultation with school district superintendents and sch ool
230422 district boards of education, shall develop and make available to
231423 school districts information, training , and resources to hel p school
232424 employees recognize and addre ss the mental health needs of students.
233425 A local school district board of education shall require a training
234426 program for teachers which shall emphasize the importance of
235427 recognizing and addressing the mental health nee ds of students. The
236428 program shall be completed the first year a certified tea cher is
237429 employed by a school district, and then once every third fifth
238430 academic year.
239431
432+SENATE FLOOR VERSION - HB1441 SFLR Page 9
433+(Bold face denotes Committee Amendments) 1
434+2
435+3
436+4
437+5
438+6
439+7
440+8
441+9
442+10
443+11
444+12
445+13
446+14
447+15
448+16
449+17
450+18
451+19
452+20
453+21
454+22
455+23
456+24
457+
240458 B. The information made available to school districts shall
241459 include, but not be limited to:
242-
243460 1. Information about the services pr ovided by community-based
244461 organizations related to mental health, substance abu se, and trauma;
245-
246462 2. Information about the impact trauma and adverse childhood
247463 experiences can have on a student 's ability to learn;
248-
249464 3. The availability of mental health evaluat ion and treatment
250465 available by telemedic ine; and
251-
252466 4. Information about evidence -based strategies for prevention
253467 of at-risk behaviors.
254-
255468 SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -195, is
256469 amended to read as follow s:
257-
258470 Section 6-195. A. As funds are available, the State Department
259471 of Education in consultation with the Office of Educational Qu ality
260472 and Accountability sha ll administer an induction program for
261473 teachers which shall be approved by th e State Board of Education.
262474 Beginning with the 2015-2016 school year, each sc hool district shall
263475 participate in the induction program. The program sh all include,
264476 but not be limited to:
265-
266477 1. Guidance to school districts for successful induction
267478 programs;
268-
269479 2. Training for school districts to in clude the selection,
270480 function and duties of mentors; and
271- ENR. H. B. NO. 1441 Page 7
481+
482+SENATE FLOOR VERSION - HB1441 SFLR Page 10
483+(Bold face denotes Committee Amendments) 1
484+2
485+3
486+4
487+5
488+6
489+7
490+8
491+9
492+10
493+11
494+12
495+13
496+14
497+15
498+16
499+17
500+18
501+19
502+20
503+21
504+22
505+23
506+24
507+
272508 3. Resources for appropriate p rofessional development, support,
273509 mentorship and coaching for the inductee and mentors.
274-
275510 B. The induction program training shall be completed at a
276511 frequency as determin ed by the board of education.
277-
278512 C. The State Board of Education may promulgate ru les for
279513 administration of the ind uction program.
280-
281514 SECTION 5. AMENDATORY 70 O.S. 2021, Section 11 -103.6j,
282515 is amended to read as follows:
283-
284516 Section 11-103.6j A. The State Department of Educatio n, in
285517 collaboration with the Oklahoma Department of Labor, shall make
286518 available to school districts i nformation regarding workplace safety
287519 training for grades seven through twelve. Such information shall
288520 include the Oklahoma Department of Labor's "Youth @ Work Talking
289521 Safety: A Safety and Health Curri culum for Young Workers".
290-
291522 B. The State Department of Education shall encourage school
292523 districts to inform grade -seven through -twelve teachers about the
293524 importance of incorporating workplace safety training in their
294525 curriculum.
295-
296526 C. A local school district board of education shall require a
297527 program for seventh-grade through twelfth-grade teachers which shall
298528 emphasize the importance of incorporating workplace safety trai ning
299529 into curriculum. The program shall be completed the first year a
300530 certified teacher is employed by a school district, and then at a
301531 frequency as determined by the local board.
302532
533+SENATE FLOOR VERSION - HB1441 SFLR Page 11
534+(Bold face denotes Committee Amendments) 1
535+2
536+3
537+4
538+5
539+6
540+7
541+8
542+9
543+10
544+11
545+12
546+13
547+14
548+15
549+16
550+17
551+18
552+19
553+20
554+21
555+22
556+23
557+24
558+
303559 D. The State Board of Educati on shall promulgate rules to
304560 implement the provisions of this act.
305-
306561 SECTION 6. AMENDATORY 70 O.S. 2021, Sect ion 24-100.4, is
307562 amended to read as follows:
308-
309563 Section 24-100.4 A. Each school district board of education
310564 shall adopt a policy fo r the discipline of all children atten ding
311565 public school in that district, and for the investigation of
312566 reported incidents of bullying. The policy shall provide options
313567 for the discipline of the students and shall define standards of
314568 conduct to which stud ents are expected to conform. The pol icy
315569 shall:
316- ENR. H. B. NO. 1441 Page 8
317570 1. Specifically address bull ying by students at school and by
318571 electronic communication, if the communication is specifically
319572 directed at students or school personnel and concerns bullying at
320573 school;
321-
322574 2. Contain a procedure for reporting an act of bullying to a
323575 school official or law enforcement agency, including a provision
324576 that permits a person to report an act anonymously. No for mal
325577 disciplinary action shall be taken solely on the basis of an
326578 anonymous report;
327-
328579 3. Contain a requirement that a ny school employee that has
329580 reliable information that would lead a reasonable person to suspect
330581 that a person is a target of bullying shall i mmediately report it to
331582 the principal or a designee of the principal;
332583
584+SENATE FLOOR VERSION - HB1441 SFLR Page 12
585+(Bold face denotes Committee Amendments) 1
586+2
587+3
588+4
589+5
590+6
591+7
592+8
593+9
594+10
595+11
596+12
597+13
598+14
599+15
600+16
601+17
602+18
603+19
604+20
605+21
606+22
607+23
608+24
609+
333610 4. Contain a statement of how the policy is to be publicized
334611 including a requirement that:
335-
336612 a. an annual written notice of the policy be provided to
337613 parents, guardians, staff, volunteers and students,
338614 with age-appropriate language for students,
339-
340615 b. notice of the policy be posted at various locations
341616 within each school site, including but no t limited to
342617 cafeterias, school bulletin boards, and administration
343618 offices,
344-
345619 c. the policy be posted on the Internet website for the
346620 school district and each school site that has an
347621 Internet website, and
348-
349622 d. the policy be included in all student and employe e
350623 handbooks;
351-
352624 5. Require that appropriate school district personnel involved
353625 in investigating reports of bullying make a determination regarding
354626 whether the conduct is actually o ccurring;
355-
356627 6. Contain a procedure for providing timely notification to the
357628 parents or guardians of a victim of documented and verified bullying
358629 and to the parents or guardians of the perpetrator of the documented
359630 and verified bullying;
360- ENR. H. B. NO. 1441 Page 9
361631 7. Identify by job title the school official responsible for
362632 enforcing the policy;
633+
634+SENATE FLOOR VERSION - HB1441 SFLR Page 13
635+(Bold face denotes Committee Amendments) 1
636+2
637+3
638+4
639+5
640+6
641+7
642+8
643+9
644+10
645+11
646+12
647+13
648+14
649+15
650+16
651+17
652+18
653+19
654+20
655+21
656+22
657+23
658+24
363659
364660 8. Contain procedures for reporting to law enforcement all
365661 documented and verified acts of bullying which may cons titute
366662 criminal activity or reasonably have the potential to endanger
367663 school safety;
368-
369664 9. Require annual training for administrators and school
370665 employees as developed and provided by the State Department of
371666 Education in preventing, identifying, responding t o and reporting
372667 incidents of bullying. The training shall be completed the f irst
373668 year an administrator or school employee is employed by a school
374669 district, and then once every fifth academic year;
375-
376670 10. Provide for an educational program as designed and
377671 developed by the State Depart ment of Education and in consultation
378672 with the Office of Juvenile Affairs for students a nd parents in
379673 preventing, identifying, r esponding to and reporting incidents of
380674 bullying;
381-
382675 11. Establish a procedure for referral of a person who commits
383676 an act of bullying to a delinquency prevention and diversion pro gram
384677 administered by the Office of Juv enile Affairs;
385-
386678 12. Address prevention b y providing:
387-
388679 a. consequences and remedial action for a person who
389680 commits an act of bullying,
390-
391681 b. consequences and remedial actio n for a student found
392682 to have falsely accused anot her as a means of
393683 retaliation, reprisa l or as a means of bullying, and
684+
685+SENATE FLOOR VERSION - HB1441 SFLR Page 14
686+(Bold face denotes Committee Amendments) 1
687+2
688+3
689+4
690+5
691+6
692+7
693+8
694+9
695+10
696+11
697+12
698+13
699+14
700+15
701+16
702+17
703+18
704+19
705+20
706+21
707+22
708+23
709+24
394710
395711 c. a strategy for providing counseling or referral to
396712 appropriate services, including guidance, academic
397713 intervention, and other protec tion for students, both
398714 targets and perpetrators, and family members affected
399715 by bullying, as necessary;
400-
401716 13. Establish a proced ure for:
402-
403717 a. the investigation, determination and documentation of
404718 all incidents of bullying reported to school
405-officials, ENR. H. B. NO. 1441 Page 10
406-
719+officials,
407720 b. identifying the principal or a designee of the
408721 principal as the person responsible for inve stigating
409722 incidents of bullying,
410-
411723 c. reporting the number of incidents of bullying, and
412-
413724 d. determining the severity of the incidents and their
414725 potential to result in fut ure violence;
415-
416726 14. Establish a procedure whereby, upon completing an
417727 investigation of bullying, a school may recommend that avai lable
418728 community mental health care, substance ab use or other counseling
419729 options be provided to the st udent, if appropriate; and
420-
421730 15. Establish a procedure whereby a school may re quest the
422731 disclosure of any informatio n concerning students who have received
423732 mental health, substance abuse, or other care pu rsuant to paragraph
424733 14 of this subsection that indica tes an explicit threat to t he
425734 safety of students or school personnel, provide d the disclosure of
735+
736+SENATE FLOOR VERSION - HB1441 SFLR Page 15
737+(Bold face denotes Committee Amendments) 1
738+2
739+3
740+4
741+5
742+6
743+7
744+8
745+9
746+10
747+11
748+12
749+13
750+14
751+15
752+16
753+17
754+18
755+19
756+20
757+21
758+22
759+23
760+24
761+
426762 the information does not violate the requirements and prov isions of
427763 the Family Educational Rights and Priv acy Act of 1974, the Health
428764 Insurance Portability and Accountability Act of 1996 , Section 2503
429765 of Title 12 of the Oklahoma Statute s, Section 1376 of Title 59 of
430766 the Oklahoma Statutes, or any other state or fe deral laws regarding
431767 the disclosure of confident ial information.
432-
433768 B. In developing the policy, the di strict board of education
434769 shall make an effort to involve the teachers, paren ts,
435770 administrators, school staff, scho ol volunteers, community
436771 representatives, local law enforcement agencies and students. The
437772 students, teachers, and parents or guardian of ev ery child residing
438773 within a school district shall be notified by the district board of
439774 education of its adoption of the policy and shall receive a copy
440775 upon request. The school district policy shall be implemented in a
441776 manner that is ongoing throughout th e school year and is integr ated
442777 with other violence prevention efforts.
443-
444778 C. The teacher of a child attending a publ ic school shall have
445779 the same right as a parent or guardian to control and discipline
446780 such child according to district policies during the ti me the child
447781 is in attendance or in transit to or from the school or any othe r
448782 school function authorized by the sc hool district or classroom
449783 presided over by the teacher.
450- ENR. H. B. NO. 1441 Page 11
451784 D. Except concerning students on individualized education plans
452785 (IEP) pursuant to the Individuals with Disabil ities Education Act
786+
787+SENATE FLOOR VERSION - HB1441 SFLR Page 16
788+(Bold face denotes Committee Amendments) 1
789+2
790+3
791+4
792+5
793+6
794+7
795+8
796+9
797+10
798+11
799+12
800+13
801+14
802+15
803+16
804+17
805+18
806+19
807+20
808+21
809+22
810+23
811+24
812+
453813 (IDEA), P.L. No. 101 -476, the State Board of Education shall not
454814 have authority to prescribe student discipl inary policies for school
455815 districts or to proscr ibe corporal punishment in the public schools.
456816 The State Board of Education sha ll not have authority to require
457817 school districts to file student disciplinary action re ports more
458818 often than once each year and shall not use disciplinary action
459819 reports in determining a school district's or school site's
460820 eligibility for program assistanc e including competitive grants.
461-
462821 E. The board of education of each school district in th is state
463822 shall have the option of adopti ng a dress code for students enrolled
464823 in the school district. The board of education of a school dis trict
465824 shall also have the o ption of adopting a dress code which includes
466825 school uniforms.
467-
468826 F. The board of educatio n of each school district in this state
469827 shall have the option of adopting a procedure th at requires students
470828 to perform campus-site service for violating the district 's policy.
471-
472829 G. The State Board of Education shall:
473-
474830 1. Promulgate rules for periodically m onitoring school
475831 districts for complianc e with this section and providing sanctions
476832 for noncompliance with this section;
477-
478833 2. Establish and ma intain a central repository for the
479834 collection of information regarding docum ented and verified
480835 incidents of bullying; and
481836
837+SENATE FLOOR VERSION - HB1441 SFLR Page 17
838+(Bold face denotes Committee Amendments) 1
839+2
840+3
841+4
842+5
843+6
844+7
845+8
846+9
847+10
848+11
849+12
850+13
851+14
852+15
853+16
854+17
855+18
856+19
857+20
858+21
859+22
860+23
861+24
862+
482863 3. Publish a report annually on the State Department of
483864 Education website regar ding the number of documented and verified
484865 incidents of bullying in the public s chools in the state.
485-
486866 SECTION 7. AMENDATORY 70 O.S. 2021, Secti on 24-100.7, is
487867 amended to read as follo ws:
488-
489868 Section 24-100.7 A. The board of education of each school
490869 district in this state shall adopt a policy regarding suicide
491870 awareness and training, requiring staff training and the reporting
492871 of student drug abuse.
493-
494872 B. The board of education of each schoo l district in this state
495-shall provide district-wide training to all staff on a biennial ENR. H. B. NO. 1441 Page 12
873+shall provide district-wide training to all staff on a biennial
496874 basis members in their first year employed by the school district,
497875 and then once every fifth academic year, addressing suicide
498876 awareness and prevention. The Departmen t of Mental Health and
499877 Substance Abuse Services shall make available to school districts
500878 curriculum for staff which addresses suicide awareness and
501879 prevention, without cost to th e school districts. The course
502880 outline for the curriculum shall be made available to the public
503881 online through the school dis trict website. Beginning with the
504882 2021-2022 school year, every school district shall:
505-
506883 1. Provide a suicide prevention training p rogram which includes
507884 as a core element evidence-based approaches;
508-
509885 2. Provide the curriculum made available by the Department of
510886 Mental Health and Substance Abuse Services; or
887+
888+SENATE FLOOR VERSION - HB1441 SFLR Page 18
889+(Bold face denotes Committee Amendments) 1
890+2
891+3
892+4
893+5
894+6
895+7
896+8
897+9
898+10
899+11
900+12
901+13
902+14
903+15
904+16
905+17
906+18
907+19
908+20
909+21
910+22
911+23
912+24
511913
512914 3. Provide a suicide prevention training program that is
513915 selected by the schoo l district from a list maintained by t he
514916 Department of Mental Health and Subst ance Abuse Services to school
515917 district staff that addresses suicide awareness and prevention. The
516918 training program may be combined with any other training provided by
517919 the school district addressing bullying preventi on.
518-
519920 C. Beginning with the 2022-2023 school year, the board of
520921 education of each school district may provide training to address
521922 suicide awareness and prevention to students in grades seven through
522923 twelve.
523-
524924 D. Teachers, counselors, principals, administrato rs and other
525925 school personnel shall be i mmune from employment discipline and any
526926 civil liability for:
527-
528927 1. Calling the 911 emergency telephone number, law enforcement
529928 or the Department of Human Services if they believe a student poses
530929 a threat to themselves or others or if a student has committed or
531930 been the victim of a violent act or threat o f a violent act;
532-
533931 2. Providing referral, emergency medical care or other
534932 assistance offered in good faith to a student or other yo uth; or
535-
536933 3. Communicating information in good faith concerning drug or
537934 alcohol abuse or a potential safety threat by or to any student to
538935 the parents or legal guardians of the student, law enforcement
539936 officers or health care providers.
540- ENR. H. B. NO. 1441 Page 13
937+
938+SENATE FLOOR VERSION - HB1441 SFLR Page 19
939+(Bold face denotes Committee Amendments) 1
940+2
941+3
942+4
943+5
944+6
945+7
946+8
947+9
948+10
949+11
950+12
951+13
952+14
953+15
954+16
955+17
956+18
957+19
958+20
959+21
960+22
961+23
962+24
963+
541964 E. No person shall have a cause of action for any loss or
542965 damage caused by any act or omission re sulting from the
543966 implementation of this section or resulting from any training, or
544967 lack thereof, required by this section, unless the loss or damage
545968 was caused by willful or want on misconduct.
546-
547969 F. The training requir ed pursuant to this section, or the lack
548970 thereof, shall not be construed to impose any s pecific duty of care.
549-
550971 G. The board of education of each school district may enter
551972 into agreements with designated Youth Services Agencies for the
552973 provision of interven tion and prevention services.
553-
554974 H. Teachers, counselors, principals, administrators or ot her
555975 school personnel, upon determining that a student is at risk of
556976 attempting suicide, shall notify the parents or legal guardian s of
557977 the student immediately upon dete rmining that such risk exists.
558-
559978 SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.229-5,
560979 is amended to read as follow s:
561-
562980 Section 1210.229-5 A. The State Superintendent of Public
563981 Instruction and State Department of Educa tion in conjunction with
564982 the Oklahoma Drug and Alcoh ol Abuse Policy Board shall:
565-
566983 1. Establish objective criteria, guidelines and a comprehensive
567984 integrated curriculum for substance abuse programs and the teaching
568985 of life skills in local schools and school districts;
569986
987+SENATE FLOOR VERSION - HB1441 SFLR Page 20
988+(Bold face denotes Committee Amendments) 1
989+2
990+3
991+4
992+5
993+6
994+7
995+8
996+9
997+10
998+11
999+12
1000+13
1001+14
1002+15
1003+16
1004+17
1005+18
1006+19
1007+20
1008+21
1009+22
1010+23
1011+24
1012+
5701013 2. Establish and review annually model policies for alcohol and
5711014 drug abuse issues, including, but not limited to, policies regarding
5721015 disciplinary actions and referral for services;
573-
5741016 3. Develop and implement strategies which encourage all schools
5751017 to employ guidance counselors trained in substanc e abuse prevention
5761018 and life skills and to develo p and begin implementing quality
5771019 substance abuse and life skills education programs; and
578-
5791020 4. Develop guidelines and criteria to en courage teachers and
5801021 administrators to receive in-service training on alcohol and drug
5811022 abuse. The training or workshops should shall be included in the
5821023 staff development point sy stem. The training or workshop shall be
5831024 completed the first year a certified teacher is employed by a school
5841025 district, and then once every third fifth academic year.
585- ENR. H. B. NO. 1441 Page 14
5861026 B. The State Department of Educatio n shall distribute
5871027 information or reports provided by the Oklahoma Drug and Alcohol
5881028 Abuse Policy Board, to each school district an d, upon request, to
5891029 members of the public. Upon request of the chief administ rator of a
5901030 school or school district, the Depart ment shall provide technical
5911031 assistance to schools an d school districts to implement policies and
5921032 programs pursuant to guidelines provided by the Oklahoma Drug and
5931033 Alcohol Abuse Policy Board and shall provide a clearinghouse program
5941034 accessible by school di stricts to provide information about life
5951035 skills and drug and alcohol abuse prevention curricula and programs.
1036+
1037+SENATE FLOOR VERSION - HB1441 SFLR Page 21
1038+(Bold face denotes Committee Amendments) 1
1039+2
1040+3
1041+4
1042+5
1043+6
1044+7
1045+8
1046+9
1047+10
1048+11
1049+12
1050+13
1051+14
1052+15
1053+16
1054+17
1055+18
1056+19
1057+20
1058+21
1059+22
1060+23
1061+24
5961062
5971063 C. Final determination of materials to be used, means of
5981064 implementation of the curriculum, and a ges and times at which
5991065 students receive instruct ion about said life skills and drug and
6001066 alcohol abuse prevention shall be made by the local school district
6011067 board of education. The local school district, at least one (1)
6021068 month prior to giving such instruction to students, shall conduct
6031069 for parents and guardians of students involved, during weekend or
6041070 evening hours, at least one presentation conce rning the plans for
6051071 instruction and the materials to be used. No student shall be
6061072 required to receive instruction about said life skills and drug and
6071073 alcohol abuse prevention if a parent or guardian of the student
6081074 objects in writing.
609-
6101075 SECTION 9. This act shall become effect ive July 1, 2023.
611-
6121076 SECTION 10. It being immediately necessary f or the preservation
6131077 of the public peace, health or safety, an emergency is hereby
6141078 declared to exist, by reason whereof this act shall take effect and
6151079 be in full force from and af ter its passage and approval.
616- ENR. H. B. NO. 1441 Page 15
617-Passed the House of Representatives the 23rd day of March, 2023.
618-
619-
620-
621-
622- Presiding Officer of the House
623- of Representatives
624-
625-
626-Passed the Senate the 17th day of April, 2023.
627-
628-
629-
630-
631- Presiding Officer of the Senate
632-
633-
634-OFFICE OF THE GOVERNOR
635-Received by the Office of the Governor this ____________________
636-day of ___________________, 20_______, at _______ o'clock _______ M.
637-By: _________________________________
638-Approved by the Governor of t he State of Oklahoma this _________
639-day of ___________________, 20_______, at _______ o'clock _______ M.
640-
641-
642- _________________________________
643- Governor of the State of Oklahoma
644-
645-OFFICE OF THE SECRETARY OF STATE
646-Received by the Office of the Secretary of St ate this __________
647-day of ___________________, 20_______, at _______ o'clock _______ M.
648-By: _________________________________
649-
650-
1080+COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
1081+April 11, 2023 - DO PASS