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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1028 By: Talley, Moore, Munson,
Rosecrants, Waldron, Lepak,
Hefner, Dollens, Townley,
Ranson, Martinez, Stinson,
and Pae of the House
and
Floyd of the Senate
[ schools - corporal punishment - exception for
parental waiver - effective date ]
AUTHOR: Remove as principal Senate author Floyd and substitute as
principal Senate author Rader. Retain Floyd as Senate
coauthor
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to students; amending 70 O.S. 2021,
Section 13-116, which relates to corporal punishment;
prohibiting school personnel from using specific
types of corporal punishment on students identified
with certain disabili ty; providing types of
disabilities; prohibiting a disability from including
a reason for placement on certain plan; removing
language regarding a written consent waiver; removing
definition; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 punishmen t of hitting, slapping,
paddling, or any other means of inflicting physical pain on students
identified with the most significant cognitive disabilities
according to criteria established by the State Department of
Education unless addressed in an a nnual a disability under state and
federal regulations that result in the student being on an
individualized education program (IEP) developed in accordance with
the Individuals with Disabilities Education Act (IDEA). For the
purposes of this section, a disabilit y includes autism, deaf -
blindness, deafness, emotional disturbance, hearing impairment,
intellectual disability, multiple disabilities, orthopedic
impairment, other health impairment, specific learning disability,
speech or language impairment, tra umatic brain injury, and visual
impairment including blindness, as defined by Section 18 -109.5 of
this title. A disability shall not include a reason for which a
student may be placed on a Section 504 Plan as defined by the
Rehabilitation Act of 1973.
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.
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C. As used in this section, “corporal punishment” means the
deliberate infliction of physical pain by hitti ng, paddling,
spanking, slapping or any other physical force used as a means of
discipline.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. ”
Passed the Senate the 23rd day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1028 By: Talley, Moore, Munson,
Rosecrants, Waldron, Lepak,
Hefner, Dollens, Townley,
Ranson, Martinez, Stinson,
and Pae of the House
and
Floyd of the Senate
[ schools - corporal punishment - exception for
parental waiver - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. 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 identified
with the most significant cognitive disabilities according to
criteria established by the State Department of Education u nless
addressed in an annual individualized education program (IEP)
developed in accordance with the Individu als with Disabilities
Education Act (IDEA) .
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B. A waiver to the provisions of su bsection A of this section
shall be granted if the par ent 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 5. This act shall become effective November 1, 2023.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate