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3 | + | SENATE FLOOR VERSION - HB1441 SFLR Page 1 | |
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30 | + | April 11, 2023 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 1441 By: Provenzano, Ranson, and | |
4 | 35 | Hefner of the House | |
5 | 36 | ||
6 | 37 | and | |
7 | 38 | ||
8 | 39 | Pugh of the Senate | |
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12 | 45 | An Act relating to schools; amending 70 O.S. 2021, | |
13 | 46 | 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18 | - | education; deleting outdated language; authorizing | |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51 | + | deleting outdated language; authorizing completion of | |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 | |
35 | 67 | Bullying Prevention Act; altering frequency of | |
36 | - | bullying prevention training; amending 70 O.S. | |
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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. | |
43 | 75 | ||
44 | - | SUBJECT: Schools | |
45 | 76 | ||
46 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. H. B. NO. 1441 Page 2 | |
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105 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
48 | 106 | SECTION 1. AMENDATORY 70 O.S. 2021, Sect ion 6-192, is | |
49 | 107 | amended to read as follows : | |
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51 | 108 | Section 6-192. A. It is hereby declared to be the intent of | |
52 | 109 | the Legislature to establish a profes sional development procedure | |
53 | 110 | whereby all teachers in the state continue their education beyond | |
54 | 111 | initial certification by the state to ensure that the childr en of | |
55 | 112 | the state are taught by professional educators, fully prepared in | |
56 | 113 | their areas of expertise. Fu rthermore, such professional | |
57 | 114 | development procedure shall provide alterna tive means of education, | |
58 | 115 | including one or more of the following: In-service programs, higher | |
59 | 116 | education courses, or other alternative means of education designed | |
60 | 117 | to help teachers enric h their professional abilities. | |
61 | - | ||
62 | 118 | B. The professional development procedu re shall include digital | |
63 | 119 | teaching and learning standards to enhance content deliver y to | |
64 | 120 | students and improve student achievement. A local school district | |
65 | 121 | board of education shall requ ire a program for teachers which shall | |
66 | 122 | emphasize the importance of digit al teaching and learning standards. | |
67 | 123 | The program shall be completed the first year a certified teacher is | |
68 | 124 | employed by a school district, and then at a frequency as determined | |
69 | 125 | by the local board of education. | |
70 | 126 | ||
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71 | 153 | SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, as | |
72 | 154 | amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, | |
73 | 155 | Section 6-194), is amended to read as follows: | |
74 | - | ||
75 | 156 | Section 6-194. A. The district boards of education of this | |
76 | 157 | state shall establish professional development p rograms for the | |
77 | 158 | certified teachers and administrators of the district. Programs | |
78 | 159 | shall be adopted by each board based upon recommendations of a | |
79 | 160 | professional development committee appoi nted by the board of | |
80 | 161 | education for the district. For the fiscal years e nding June 30, | |
81 | 162 | 2011, and June 30, 2012, a school district board of education may | |
82 | 163 | elect not to adopt and offer a professional development program f or | |
83 | 164 | certified teachers and administrato rs of the district. If a school | |
84 | 165 | district elects not to adopt and offer a professional development | |
85 | 166 | program, the district may expend any monies allocated for | |
86 | 167 | professional development for any purpose related to the suppo rt and | |
87 | 168 | maintenance of the school distr ict as determined by the b oard of | |
88 | 169 | education of the school district. | |
89 | - | ||
90 | 170 | B. Each professional development committee shall include | |
91 | - | classroom teachers, administrators, school counselors or licensed | |
171 | + | classroom teachers, administrators, school counselors or licensed | |
92 | 172 | mental health providers, a nd parents, guardians or custodians of | |
93 | 173 | children in the school di strict and shall consult with a higher | |
94 | 174 | education faculty. A majority of the members of the professional | |
95 | 175 | development committee shall be composed of classroom teachers. The | |
96 | 176 | teacher members shall be selected by a designated adminis trator of | |
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97 | 204 | the school district from a list of names submitted by the teac hers | |
98 | 205 | in the school district. The members selected shall be subject to | |
99 | 206 | the approval of a majority vote of the teachers in the district. | |
100 | - | ||
101 | 207 | C. In developing program recommendations, each professional | |
102 | 208 | development committee shall annually utilize a data -driven approach | |
103 | 209 | to analyze student data and determine district and school | |
104 | 210 | professional development needs. The professional development | |
105 | 211 | programs adopted shall be directed toward development o f | |
106 | 212 | competencies and instruc tional strategies in the core curriculum | |
107 | 213 | areas for the following goals: | |
108 | - | ||
109 | 214 | 1. Increasing the academic performance data scores for the | |
110 | 215 | district and each school site; | |
111 | - | ||
112 | 216 | 2. Closing achievement gaps among student subgroups; | |
113 | - | ||
114 | 217 | 3. Increasing student achievement as d emonstrated on state- | |
115 | 218 | mandated tests and the AC T; | |
116 | - | ||
117 | 219 | 4. Increasing high school graduation rates; and | |
118 | - | ||
119 | 220 | 5. Decreasing college remediation rates. | |
120 | - | ||
121 | 221 | Each program may also include components on classroo m management | |
122 | 222 | and student discipline st rategies, outreach to pare nts, guardians or | |
123 | 223 | custodians of students, spec ial education, and racial and ethnic | |
124 | 224 | education, which all personnel defined as teachers in Section 1-116 | |
125 | 225 | of this title shall be required to comple te on a periodic basis at a | |
126 | 226 | frequency as determined by the board of education. The State Board | |
127 | 227 | of Education shall provide guidelines to assist school di stricts in | |
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128 | 255 | developing and implementing racial and ethnic education components | |
129 | 256 | into professional development programs. | |
130 | - | ||
131 | 257 | D. At a minimum of once an academic year a A program shall be | |
132 | 258 | offered which includes the follo wing information shall be completed | |
133 | 259 | the first year a certified teacher is employed by a school district, | |
134 | 260 | 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; | |
138 | 262 | 2. Recognition of child sexual abuse; | |
139 | - | ||
140 | 263 | 3. Proper reporting of suspected abuse; and | |
141 | - | ||
142 | 264 | 4. Available resources. | |
143 | - | ||
144 | 265 | E. One time per year, beginning in the 2009-2010 school year, | |
145 | 266 | training in the area of autism sh all be offered and all resident | |
146 | 267 | teachers of students in early childhood programs through grade three | |
147 | 268 | shall be required to complete the autism training during the | |
148 | 269 | resident year and at least one time every three (3) years | |
149 | 270 | thereafter. All other teachers and education support professionals | |
150 | 271 | of students in early childhood programs through grade three shall be | |
151 | 272 | required to complete the autism training at least one time every | |
152 | 273 | three (3) years. The autism training shall include a minimum | |
153 | 274 | awareness of the characteris tics of autistic children, resour ces | |
154 | 275 | available and an introduction to positive behavior supports to | |
155 | 276 | challenging behavior. Each adopted program shall allow school | |
156 | 277 | counselors to receive at least one-third (1/3) of the hours or | |
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157 | 305 | credit required each year thro ugh programs or courses specifica lly | |
158 | 306 | designed for school counselors. | |
159 | - | ||
160 | 307 | Districts are authorized to utilize any means for professional | |
161 | 308 | development that is not prohibited by law including, but not limited | |
162 | 309 | to, professional development provided by the district, any state | |
163 | 310 | agency, institution of higher education, or any pri vate entity. | |
164 | - | ||
165 | 311 | F. One time per year, beginnin g in the 2020-2021 school year, a | |
166 | 312 | dyslexia awareness program shall be offered. Beginning in the 2023- | |
167 | 313 | 2024 school year, the program sha ll include information and training | |
168 | 314 | in dysgraphia. At a minimum, the program shall include: | |
169 | - | ||
170 | 315 | 1. Training in awareness of dysl exia characteristics in | |
171 | 316 | students; | |
172 | - | ||
173 | 317 | 2. Training in effective classroom instruction to meet the | |
174 | 318 | needs of students with dyslexia; and | |
175 | - | ||
176 | 319 | 3. Available dyslexia resources for teacher s, students and | |
177 | 320 | parents. | |
178 | - | ||
179 | 321 | G. Except as otherwise provided for in this subsection, each | |
180 | 322 | certified teacher in this state shall be required by the district | |
181 | - | board of education to meet the | |
323 | + | board of education to meet the professional development requirements | |
182 | 324 | established by the board, or estab lished through the negotiation | |
183 | 325 | process. Except as otherwise provided for in this subsection, the | |
184 | 326 | professional development requirements established by each board of | |
185 | 327 | education shall require every teacher to annually complete a minimum | |
186 | 328 | number of the total nu mber of points required to maintain | |
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187 | 356 | employment; provided, no more than a total of one hundred fifty | |
188 | 357 | (150) hours of local, state, or federal professional development or | |
189 | 358 | training shall be required for class room teachers during any five- | |
190 | 359 | year period. Failure of any teacher to meet district boar d of | |
191 | 360 | education professional development requirements may be grounds for | |
192 | 361 | nonrenewal of such teacher's contract by the board. Such failure | |
193 | 362 | may also be grounds for n onconsideration of salary increme nts | |
194 | 363 | affecting the teacher. For the fiscal years ending June 30, 2011, | |
195 | 364 | and June 30, 2012, a certified teacher shall not be required to | |
196 | 365 | complete any points of the total number of professional development | |
197 | 366 | points required. Provided, a teacher may elect to co mplete some or | |
198 | 367 | all of the minimum number of points required for the two (2) fiscal | |
199 | 368 | years and any points completed shall be counted toward the total | |
200 | 369 | number of points required to maintain employment. If a teacher does | |
201 | 370 | not complete some or all of the minimum number of points required | |
202 | 371 | for one (1) or both fiscal years, the total number of points | |
203 | 372 | required to maintain employment shall be adjusted and reduced by the | |
204 | 373 | number of points not completed. Teachers shall maintain written | |
205 | 374 | documentation of all their completed professional development. | |
206 | - | ||
207 | 375 | H. Each district shall annuall y submit a report to the State | |
208 | 376 | Department of Education on the district level professional | |
209 | 377 | development needs, activities completed, expenditures, and results | |
210 | 378 | achieved for each school year by each goal as provided in subsection | |
211 | 379 | C of this section. If a school district elects not to adopt and | |
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212 | 407 | offer a professional development program as provided for in | |
213 | 408 | subsection A of this section, the district shall not be required to | |
214 | 409 | submit an annual report as requi red pursuant to this subsection but | |
215 | 410 | shall report to the State Department of Education its election not | |
216 | 411 | to offer a program and all professional development activities | |
217 | 412 | completed by teachers and administrators of the school district. | |
218 | - | ||
219 | 413 | I. Subject to the availa bility of funds, the Department shall | |
220 | 414 | develop an online syste m for reporting as required in subsection H | |
221 | 415 | of this section. The Department shall also make such information | |
222 | 416 | available on its website. | |
223 | - | ||
224 | 417 | SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-194.3, is | |
225 | 418 | amended to read as follows: | |
226 | - | ENR. H. B. NO. 1441 Page 6 | |
227 | 419 | Section 6-194.3 A. The State Department of Education and the | |
228 | 420 | Department of Mental Health an d Substance Abuse Services, in | |
229 | 421 | consultation with school district superintendents and sch ool | |
230 | 422 | district boards of education, shall develop and make available to | |
231 | 423 | school districts information, training , and resources to hel p school | |
232 | 424 | employees recognize and addre ss the mental health needs of students. | |
233 | 425 | A local school district board of education shall require a training | |
234 | 426 | program for teachers which shall emphasize the importance of | |
235 | 427 | recognizing and addressing the mental health nee ds of students. The | |
236 | 428 | program shall be completed the first year a certified tea cher is | |
237 | 429 | employed by a school district, and then once every third fifth | |
238 | 430 | academic year. | |
239 | 431 | ||
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240 | 458 | B. The information made available to school districts shall | |
241 | 459 | include, but not be limited to: | |
242 | - | ||
243 | 460 | 1. Information about the services pr ovided by community-based | |
244 | 461 | organizations related to mental health, substance abu se, and trauma; | |
245 | - | ||
246 | 462 | 2. Information about the impact trauma and adverse childhood | |
247 | 463 | experiences can have on a student 's ability to learn; | |
248 | - | ||
249 | 464 | 3. The availability of mental health evaluat ion and treatment | |
250 | 465 | available by telemedic ine; and | |
251 | - | ||
252 | 466 | 4. Information about evidence -based strategies for prevention | |
253 | 467 | of at-risk behaviors. | |
254 | - | ||
255 | 468 | SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -195, is | |
256 | 469 | amended to read as follow s: | |
257 | - | ||
258 | 470 | Section 6-195. A. As funds are available, the State Department | |
259 | 471 | of Education in consultation with the Office of Educational Qu ality | |
260 | 472 | and Accountability sha ll administer an induction program for | |
261 | 473 | teachers which shall be approved by th e State Board of Education. | |
262 | 474 | Beginning with the 2015-2016 school year, each sc hool district shall | |
263 | 475 | participate in the induction program. The program sh all include, | |
264 | 476 | but not be limited to: | |
265 | - | ||
266 | 477 | 1. Guidance to school districts for successful induction | |
267 | 478 | programs; | |
268 | - | ||
269 | 479 | 2. Training for school districts to in clude the selection, | |
270 | 480 | function and duties of mentors; and | |
271 | - | ENR. H. B. NO. 1441 Page 7 | |
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272 | 508 | 3. Resources for appropriate p rofessional development, support, | |
273 | 509 | mentorship and coaching for the inductee and mentors. | |
274 | - | ||
275 | 510 | B. The induction program training shall be completed at a | |
276 | 511 | frequency as determin ed by the board of education. | |
277 | - | ||
278 | 512 | C. The State Board of Education may promulgate ru les for | |
279 | 513 | administration of the ind uction program. | |
280 | - | ||
281 | 514 | SECTION 5. AMENDATORY 70 O.S. 2021, Section 11 -103.6j, | |
282 | 515 | is amended to read as follows: | |
283 | - | ||
284 | 516 | Section 11-103.6j A. The State Department of Educatio n, in | |
285 | 517 | collaboration with the Oklahoma Department of Labor, shall make | |
286 | 518 | available to school districts i nformation regarding workplace safety | |
287 | 519 | training for grades seven through twelve. Such information shall | |
288 | 520 | include the Oklahoma Department of Labor's "Youth @ Work Talking | |
289 | 521 | Safety: A Safety and Health Curri culum for Young Workers". | |
290 | - | ||
291 | 522 | B. The State Department of Education shall encourage school | |
292 | 523 | districts to inform grade -seven through -twelve teachers about the | |
293 | 524 | importance of incorporating workplace safety training in their | |
294 | 525 | curriculum. | |
295 | - | ||
296 | 526 | C. A local school district board of education shall require a | |
297 | 527 | program for seventh-grade through twelfth-grade teachers which shall | |
298 | 528 | emphasize the importance of incorporating workplace safety trai ning | |
299 | 529 | into curriculum. The program shall be completed the first year a | |
300 | 530 | certified teacher is employed by a school district, and then at a | |
301 | 531 | frequency as determined by the local board. | |
302 | 532 | ||
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303 | 559 | D. The State Board of Educati on shall promulgate rules to | |
304 | 560 | implement the provisions of this act. | |
305 | - | ||
306 | 561 | SECTION 6. AMENDATORY 70 O.S. 2021, Sect ion 24-100.4, is | |
307 | 562 | amended to read as follows: | |
308 | - | ||
309 | 563 | Section 24-100.4 A. Each school district board of education | |
310 | 564 | shall adopt a policy fo r the discipline of all children atten ding | |
311 | 565 | public school in that district, and for the investigation of | |
312 | 566 | reported incidents of bullying. The policy shall provide options | |
313 | 567 | for the discipline of the students and shall define standards of | |
314 | 568 | conduct to which stud ents are expected to conform. The pol icy | |
315 | 569 | shall: | |
316 | - | ENR. H. B. NO. 1441 Page 8 | |
317 | 570 | 1. Specifically address bull ying by students at school and by | |
318 | 571 | electronic communication, if the communication is specifically | |
319 | 572 | directed at students or school personnel and concerns bullying at | |
320 | 573 | school; | |
321 | - | ||
322 | 574 | 2. Contain a procedure for reporting an act of bullying to a | |
323 | 575 | school official or law enforcement agency, including a provision | |
324 | 576 | that permits a person to report an act anonymously. No for mal | |
325 | 577 | disciplinary action shall be taken solely on the basis of an | |
326 | 578 | anonymous report; | |
327 | - | ||
328 | 579 | 3. Contain a requirement that a ny school employee that has | |
329 | 580 | reliable information that would lead a reasonable person to suspect | |
330 | 581 | that a person is a target of bullying shall i mmediately report it to | |
331 | 582 | the principal or a designee of the principal; | |
332 | 583 | ||
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333 | 610 | 4. Contain a statement of how the policy is to be publicized | |
334 | 611 | including a requirement that: | |
335 | - | ||
336 | 612 | a. an annual written notice of the policy be provided to | |
337 | 613 | parents, guardians, staff, volunteers and students, | |
338 | 614 | with age-appropriate language for students, | |
339 | - | ||
340 | 615 | b. notice of the policy be posted at various locations | |
341 | 616 | within each school site, including but no t limited to | |
342 | 617 | cafeterias, school bulletin boards, and administration | |
343 | 618 | offices, | |
344 | - | ||
345 | 619 | c. the policy be posted on the Internet website for the | |
346 | 620 | school district and each school site that has an | |
347 | 621 | Internet website, and | |
348 | - | ||
349 | 622 | d. the policy be included in all student and employe e | |
350 | 623 | handbooks; | |
351 | - | ||
352 | 624 | 5. Require that appropriate school district personnel involved | |
353 | 625 | in investigating reports of bullying make a determination regarding | |
354 | 626 | whether the conduct is actually o ccurring; | |
355 | - | ||
356 | 627 | 6. Contain a procedure for providing timely notification to the | |
357 | 628 | parents or guardians of a victim of documented and verified bullying | |
358 | 629 | and to the parents or guardians of the perpetrator of the documented | |
359 | 630 | and verified bullying; | |
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361 | 631 | 7. Identify by job title the school official responsible for | |
362 | 632 | enforcing the policy; | |
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363 | 659 | ||
364 | 660 | 8. Contain procedures for reporting to law enforcement all | |
365 | 661 | documented and verified acts of bullying which may cons titute | |
366 | 662 | criminal activity or reasonably have the potential to endanger | |
367 | 663 | school safety; | |
368 | - | ||
369 | 664 | 9. Require annual training for administrators and school | |
370 | 665 | employees as developed and provided by the State Department of | |
371 | 666 | Education in preventing, identifying, responding t o and reporting | |
372 | 667 | incidents of bullying. The training shall be completed the f irst | |
373 | 668 | year an administrator or school employee is employed by a school | |
374 | 669 | district, and then once every fifth academic year; | |
375 | - | ||
376 | 670 | 10. Provide for an educational program as designed and | |
377 | 671 | developed by the State Depart ment of Education and in consultation | |
378 | 672 | with the Office of Juvenile Affairs for students a nd parents in | |
379 | 673 | preventing, identifying, r esponding to and reporting incidents of | |
380 | 674 | bullying; | |
381 | - | ||
382 | 675 | 11. Establish a procedure for referral of a person who commits | |
383 | 676 | an act of bullying to a delinquency prevention and diversion pro gram | |
384 | 677 | administered by the Office of Juv enile Affairs; | |
385 | - | ||
386 | 678 | 12. Address prevention b y providing: | |
387 | - | ||
388 | 679 | a. consequences and remedial action for a person who | |
389 | 680 | commits an act of bullying, | |
390 | - | ||
391 | 681 | b. consequences and remedial actio n for a student found | |
392 | 682 | to have falsely accused anot her as a means of | |
393 | 683 | retaliation, reprisa l or as a means of bullying, and | |
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394 | 710 | ||
395 | 711 | c. a strategy for providing counseling or referral to | |
396 | 712 | appropriate services, including guidance, academic | |
397 | 713 | intervention, and other protec tion for students, both | |
398 | 714 | targets and perpetrators, and family members affected | |
399 | 715 | by bullying, as necessary; | |
400 | - | ||
401 | 716 | 13. Establish a proced ure for: | |
402 | - | ||
403 | 717 | a. the investigation, determination and documentation of | |
404 | 718 | all incidents of bullying reported to school | |
405 | - | officials, ENR. H. B. NO. 1441 Page 10 | |
406 | - | ||
719 | + | officials, | |
407 | 720 | b. identifying the principal or a designee of the | |
408 | 721 | principal as the person responsible for inve stigating | |
409 | 722 | incidents of bullying, | |
410 | - | ||
411 | 723 | c. reporting the number of incidents of bullying, and | |
412 | - | ||
413 | 724 | d. determining the severity of the incidents and their | |
414 | 725 | potential to result in fut ure violence; | |
415 | - | ||
416 | 726 | 14. Establish a procedure whereby, upon completing an | |
417 | 727 | investigation of bullying, a school may recommend that avai lable | |
418 | 728 | community mental health care, substance ab use or other counseling | |
419 | 729 | options be provided to the st udent, if appropriate; and | |
420 | - | ||
421 | 730 | 15. Establish a procedure whereby a school may re quest the | |
422 | 731 | disclosure of any informatio n concerning students who have received | |
423 | 732 | mental health, substance abuse, or other care pu rsuant to paragraph | |
424 | 733 | 14 of this subsection that indica tes an explicit threat to t he | |
425 | 734 | safety of students or school personnel, provide d the disclosure of | |
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426 | 762 | the information does not violate the requirements and prov isions of | |
427 | 763 | the Family Educational Rights and Priv acy Act of 1974, the Health | |
428 | 764 | Insurance Portability and Accountability Act of 1996 , Section 2503 | |
429 | 765 | of Title 12 of the Oklahoma Statute s, Section 1376 of Title 59 of | |
430 | 766 | the Oklahoma Statutes, or any other state or fe deral laws regarding | |
431 | 767 | the disclosure of confident ial information. | |
432 | - | ||
433 | 768 | B. In developing the policy, the di strict board of education | |
434 | 769 | shall make an effort to involve the teachers, paren ts, | |
435 | 770 | administrators, school staff, scho ol volunteers, community | |
436 | 771 | representatives, local law enforcement agencies and students. The | |
437 | 772 | students, teachers, and parents or guardian of ev ery child residing | |
438 | 773 | within a school district shall be notified by the district board of | |
439 | 774 | education of its adoption of the policy and shall receive a copy | |
440 | 775 | upon request. The school district policy shall be implemented in a | |
441 | 776 | manner that is ongoing throughout th e school year and is integr ated | |
442 | 777 | with other violence prevention efforts. | |
443 | - | ||
444 | 778 | C. The teacher of a child attending a publ ic school shall have | |
445 | 779 | the same right as a parent or guardian to control and discipline | |
446 | 780 | such child according to district policies during the ti me the child | |
447 | 781 | is in attendance or in transit to or from the school or any othe r | |
448 | 782 | school function authorized by the sc hool district or classroom | |
449 | 783 | presided over by the teacher. | |
450 | - | ENR. H. B. NO. 1441 Page 11 | |
451 | 784 | D. Except concerning students on individualized education plans | |
452 | 785 | (IEP) pursuant to the Individuals with Disabil ities Education Act | |
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453 | 813 | (IDEA), P.L. No. 101 -476, the State Board of Education shall not | |
454 | 814 | have authority to prescribe student discipl inary policies for school | |
455 | 815 | districts or to proscr ibe corporal punishment in the public schools. | |
456 | 816 | The State Board of Education sha ll not have authority to require | |
457 | 817 | school districts to file student disciplinary action re ports more | |
458 | 818 | often than once each year and shall not use disciplinary action | |
459 | 819 | reports in determining a school district's or school site's | |
460 | 820 | eligibility for program assistanc e including competitive grants. | |
461 | - | ||
462 | 821 | E. The board of education of each school district in th is state | |
463 | 822 | shall have the option of adopti ng a dress code for students enrolled | |
464 | 823 | in the school district. The board of education of a school dis trict | |
465 | 824 | shall also have the o ption of adopting a dress code which includes | |
466 | 825 | school uniforms. | |
467 | - | ||
468 | 826 | F. The board of educatio n of each school district in this state | |
469 | 827 | shall have the option of adopting a procedure th at requires students | |
470 | 828 | to perform campus-site service for violating the district 's policy. | |
471 | - | ||
472 | 829 | G. The State Board of Education shall: | |
473 | - | ||
474 | 830 | 1. Promulgate rules for periodically m onitoring school | |
475 | 831 | districts for complianc e with this section and providing sanctions | |
476 | 832 | for noncompliance with this section; | |
477 | - | ||
478 | 833 | 2. Establish and ma intain a central repository for the | |
479 | 834 | collection of information regarding docum ented and verified | |
480 | 835 | incidents of bullying; and | |
481 | 836 | ||
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482 | 863 | 3. Publish a report annually on the State Department of | |
483 | 864 | Education website regar ding the number of documented and verified | |
484 | 865 | incidents of bullying in the public s chools in the state. | |
485 | - | ||
486 | 866 | SECTION 7. AMENDATORY 70 O.S. 2021, Secti on 24-100.7, is | |
487 | 867 | amended to read as follo ws: | |
488 | - | ||
489 | 868 | Section 24-100.7 A. The board of education of each school | |
490 | 869 | district in this state shall adopt a policy regarding suicide | |
491 | 870 | awareness and training, requiring staff training and the reporting | |
492 | 871 | of student drug abuse. | |
493 | - | ||
494 | 872 | 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 | |
873 | + | shall provide district-wide training to all staff on a biennial | |
496 | 874 | basis members in their first year employed by the school district, | |
497 | 875 | and then once every fifth academic year, addressing suicide | |
498 | 876 | awareness and prevention. The Departmen t of Mental Health and | |
499 | 877 | Substance Abuse Services shall make available to school districts | |
500 | 878 | curriculum for staff which addresses suicide awareness and | |
501 | 879 | prevention, without cost to th e school districts. The course | |
502 | 880 | outline for the curriculum shall be made available to the public | |
503 | 881 | online through the school dis trict website. Beginning with the | |
504 | 882 | 2021-2022 school year, every school district shall: | |
505 | - | ||
506 | 883 | 1. Provide a suicide prevention training p rogram which includes | |
507 | 884 | as a core element evidence-based approaches; | |
508 | - | ||
509 | 885 | 2. Provide the curriculum made available by the Department of | |
510 | 886 | Mental Health and Substance Abuse Services; or | |
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511 | 913 | ||
512 | 914 | 3. Provide a suicide prevention training program that is | |
513 | 915 | selected by the schoo l district from a list maintained by t he | |
514 | 916 | Department of Mental Health and Subst ance Abuse Services to school | |
515 | 917 | district staff that addresses suicide awareness and prevention. The | |
516 | 918 | training program may be combined with any other training provided by | |
517 | 919 | the school district addressing bullying preventi on. | |
518 | - | ||
519 | 920 | C. Beginning with the 2022-2023 school year, the board of | |
520 | 921 | education of each school district may provide training to address | |
521 | 922 | suicide awareness and prevention to students in grades seven through | |
522 | 923 | twelve. | |
523 | - | ||
524 | 924 | D. Teachers, counselors, principals, administrato rs and other | |
525 | 925 | school personnel shall be i mmune from employment discipline and any | |
526 | 926 | civil liability for: | |
527 | - | ||
528 | 927 | 1. Calling the 911 emergency telephone number, law enforcement | |
529 | 928 | or the Department of Human Services if they believe a student poses | |
530 | 929 | a threat to themselves or others or if a student has committed or | |
531 | 930 | been the victim of a violent act or threat o f a violent act; | |
532 | - | ||
533 | 931 | 2. Providing referral, emergency medical care or other | |
534 | 932 | assistance offered in good faith to a student or other yo uth; or | |
535 | - | ||
536 | 933 | 3. Communicating information in good faith concerning drug or | |
537 | 934 | alcohol abuse or a potential safety threat by or to any student to | |
538 | 935 | the parents or legal guardians of the student, law enforcement | |
539 | 936 | officers or health care providers. | |
540 | - | ENR. H. B. NO. 1441 Page 13 | |
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541 | 964 | E. No person shall have a cause of action for any loss or | |
542 | 965 | damage caused by any act or omission re sulting from the | |
543 | 966 | implementation of this section or resulting from any training, or | |
544 | 967 | lack thereof, required by this section, unless the loss or damage | |
545 | 968 | was caused by willful or want on misconduct. | |
546 | - | ||
547 | 969 | F. The training requir ed pursuant to this section, or the lack | |
548 | 970 | thereof, shall not be construed to impose any s pecific duty of care. | |
549 | - | ||
550 | 971 | G. The board of education of each school district may enter | |
551 | 972 | into agreements with designated Youth Services Agencies for the | |
552 | 973 | provision of interven tion and prevention services. | |
553 | - | ||
554 | 974 | H. Teachers, counselors, principals, administrators or ot her | |
555 | 975 | school personnel, upon determining that a student is at risk of | |
556 | 976 | attempting suicide, shall notify the parents or legal guardian s of | |
557 | 977 | the student immediately upon dete rmining that such risk exists. | |
558 | - | ||
559 | 978 | SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.229-5, | |
560 | 979 | is amended to read as follow s: | |
561 | - | ||
562 | 980 | Section 1210.229-5 A. The State Superintendent of Public | |
563 | 981 | Instruction and State Department of Educa tion in conjunction with | |
564 | 982 | the Oklahoma Drug and Alcoh ol Abuse Policy Board shall: | |
565 | - | ||
566 | 983 | 1. Establish objective criteria, guidelines and a comprehensive | |
567 | 984 | integrated curriculum for substance abuse programs and the teaching | |
568 | 985 | of life skills in local schools and school districts; | |
569 | 986 | ||
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570 | 1013 | 2. Establish and review annually model policies for alcohol and | |
571 | 1014 | drug abuse issues, including, but not limited to, policies regarding | |
572 | 1015 | disciplinary actions and referral for services; | |
573 | - | ||
574 | 1016 | 3. Develop and implement strategies which encourage all schools | |
575 | 1017 | to employ guidance counselors trained in substanc e abuse prevention | |
576 | 1018 | and life skills and to develo p and begin implementing quality | |
577 | 1019 | substance abuse and life skills education programs; and | |
578 | - | ||
579 | 1020 | 4. Develop guidelines and criteria to en courage teachers and | |
580 | 1021 | administrators to receive in-service training on alcohol and drug | |
581 | 1022 | abuse. The training or workshops should shall be included in the | |
582 | 1023 | staff development point sy stem. The training or workshop shall be | |
583 | 1024 | completed the first year a certified teacher is employed by a school | |
584 | 1025 | district, and then once every third fifth academic year. | |
585 | - | ENR. H. B. NO. 1441 Page 14 | |
586 | 1026 | B. The State Department of Educatio n shall distribute | |
587 | 1027 | information or reports provided by the Oklahoma Drug and Alcohol | |
588 | 1028 | Abuse Policy Board, to each school district an d, upon request, to | |
589 | 1029 | members of the public. Upon request of the chief administ rator of a | |
590 | 1030 | school or school district, the Depart ment shall provide technical | |
591 | 1031 | assistance to schools an d school districts to implement policies and | |
592 | 1032 | programs pursuant to guidelines provided by the Oklahoma Drug and | |
593 | 1033 | Alcohol Abuse Policy Board and shall provide a clearinghouse program | |
594 | 1034 | accessible by school di stricts to provide information about life | |
595 | 1035 | 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 | |
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597 | 1063 | C. Final determination of materials to be used, means of | |
598 | 1064 | implementation of the curriculum, and a ges and times at which | |
599 | 1065 | students receive instruct ion about said life skills and drug and | |
600 | 1066 | alcohol abuse prevention shall be made by the local school district | |
601 | 1067 | board of education. The local school district, at least one (1) | |
602 | 1068 | month prior to giving such instruction to students, shall conduct | |
603 | 1069 | for parents and guardians of students involved, during weekend or | |
604 | 1070 | evening hours, at least one presentation conce rning the plans for | |
605 | 1071 | instruction and the materials to be used. No student shall be | |
606 | 1072 | required to receive instruction about said life skills and drug and | |
607 | 1073 | alcohol abuse prevention if a parent or guardian of the student | |
608 | 1074 | objects in writing. | |
609 | - | ||
610 | 1075 | SECTION 9. This act shall become effect ive July 1, 2023. | |
611 | - | ||
612 | 1076 | SECTION 10. It being immediately necessary f or the preservation | |
613 | 1077 | of the public peace, health or safety, an emergency is hereby | |
614 | 1078 | declared to exist, by reason whereof this act shall take effect and | |
615 | 1079 | 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 |