Req. No. 5451 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1028 By: Talley
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 13-116, which relates to corporal punishment;
prohibiting use of corporal punishment on certain
students; deleting exception for parental waiver ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -116, is
amended to read as follows:
Section 13-116. A. School district personnel shall be
prohibited from using corporal punishment on students any student
identified with the most significant cognitive disabilities
according to criteria established by the State Department of
Education unless addressed in an a nnual individualized education
program (IEP) developed a disability in accordance with the
Individuals with Disabilities Education Act (IDEA) and Section 504
of the Rehabilitation Act of 1973 .
Req. No. 5451 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. A waiver to the provisions of subsection A of this section
shall be granted if the parent or legal guardian of a student
provides written consent.
C. As used in this section, "corporal punishment" means the
deliberate infliction of physical pain by hitting, paddling,
spanking, slapping or any other physical force used as a means of
discipline.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5451 EK 12/19/22