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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2048 By: Nichols
AS INTRODUCED
An Act relating to schools; 70 O.S. 2021, Section 24 -
100.4, which relates to the School Safety and
Bullying Prevention A ct; requiring school dress code
to have reasonable connection to educational
function; prohibiting r ace discrimination based on
natural hair or hairstyles; defining terms; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 24 -100.4, is
amended to read as follows:
Section 24-100.4 A. Each district board of education shall
adopt a policy for the discipline of all children attending public
school in that district, and for the investigation of reported
incidents of bullying. The policy shal l 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 communi cation is specifically
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directed at students or school personnel and concerns bullying at
school;
2. Contain a procedure for reporting an act of bullying to a
school official or law enforcement agency, including a provis ion
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 empl oyee 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;
4. Contain a statement of how the policy is to be publiciz ed
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 bullet in boards, and administration
offices,
c. the policy be posted on the Internet website for the
school district and each school site that has an
Internet website, and
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d. the policy be included in all student and employee
handbooks;
5. Require that appropri ate school district personnel involv ed
in investigating reports of bullying make a determination regarding
whether the conduct is actually occurring;
6. Contain a procedure for providing time ly notification to the
parents or guardians of a victim of docum ented and verified bullying
and to the parents or guardians of the perpetrator of the documented
and verified bullying;
7. Identify by job title the school official responsible for
enforcing the policy;
8. Contain procedures for reporting to law enforcem ent 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 administrato rs and school
employees as developed and provided by the State D epartment of
Education in preventing , identifying, responding to and reporting
incidents of bullying;
10. Provide for an educational program as designed and
developed by the State Department of Education and in consultation
with the Office of Juvenile Aff airs for students and parents in
preventing, identifying, responding to and reporting incidents of
bullying;
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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 action for a student found
to have falsely accused another as a means of
retaliation, reprisal or as a means o f bullying, and
c. a strategy for providing counseling or referral to
appropriate services, including guidance, academic
intervention, and other protection for students, both
targets and perpetrators, and family members affected
by bullying, as necessary;
13. Establish a procedure for:
a. the investigation, determination and documentation of
all incidents of bullying reported to school
officials,
b. identifying the principal or a designee of the
principal as the person r esponsible for investigating
incidents of bullying,
c. reporting the number of incidents of bullying, and
d. determining the severity of the incidents and their
potential to result in future v iolence;
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14. Establish a procedure whereby, upon completing an
investigation of bullying, a school may recommend that available
community mental health care, substance abuse or other counseling
options be provided to the student, if appropriate; and
15. Establish a procedure whereby a school may request the
disclosure of any information concerning stud ents who have received
mental health, substance abuse, or other care pursuant to paragraph
14 of this subsection that indicates an explicit threat to the
safety of students or school personnel, provided the disclosure of
the information does not violate th e requirements and provisions of
the Family Educational Rights and Privacy Act of 1974, the Health
Insurance Portability and Accountability Act of 1996, Sec tion 2503
of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of
the Oklahoma Statutes, o r any other state or federal laws regarding
the disclosure of confidential 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, co mmunity
representatives, local law enforcement 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 s hall receive a copy
upon request. The school district policy shall be implemented in a
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manner that is ongoing throughout the school year and is integrated
with other violence prevention efforts.
C. The teacher of a chi ld attending a public school shall h ave
the same right as a parent or guardian to control and discipline
such child according to district policies during the time the child
is in attendance or in transit to or from the school or any other
school function authorized by the school district or classroom
presided over by the teacher.
D. Except concerning students on individualized education plans
(IEP) pursuant to the Individuals with Disabilities Education Act
(IDEA), P.L. No. 101 -476, the State Board of Educ ation shall not
have authority to pr escribe student disciplinary policies for school
districts or to proscribe corporal punishment in the public schools.
The State Board of Education shall no t have authority to require
school districts to file student dis ciplinary action reports more
often than once each year and shall not use disciplinary action
reports in determining a school district 's or school site's
eligibility for program assistance inc luding competitive grants.
E. 1. The board of education of eac h school district in this
state shall have the option of adopting a dress code for students
enrolled in the school district. The board of education of a school
district shall also have the op tion of adopting a dress code which
includes school uniforms. Any board of education which adopts a
dress code for students shall ensure the dress code has a reasonable
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connection with the educational function entrusted to the school
board. The dress cod e shall prohibit race discrimination based on
natural hair or hairstyles. The dress code shall not discriminate
against a student's hair color; hair length; or any other hairstyle
related to the cultural, ethnic , or religious identity of a student.
2. As used in this subsection :
a. "race" includes, but is not limited to , ancestry,
color, ethnic group i dentification and ethnic
background, including traits histo rically associated
with race including but not limited to hair texture
and protective hairstyles , and
b. "protective hairstyles " includes, but is not limited
to, braids, locks and twists .
F. The board of education of each school district in this state
shall have the option of adopting a procedure that requires students
to perform campus-site service for violating the district 's policy.
G. The State Board of Education shall:
1. Promulgate rules fo r periodically monitoring school
districts for compliance w ith this section and 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 th e State Department of
Education website regarding the number of documented and verified
incidents of bullying in the public schools in the state.
SECTION 2. This act shall become e ffective November 1, 2023.
59-1-6821 MJ 01/05/21