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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1634 By: Staires and Davis
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2021,
Section 24-102, which relates to student searches;
updating statutory language and refe rences; allowing
for search of shoes and hand and head coverings ; of
students; providing an exception for religious head
coverings; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 24 -102, is
amended to read as follows:
Section 24-102. A. The superintendent, principal, teacher, or
security personnel of any public school in the State of Oklahoma,
upon reasonable suspicion, shall have the authority to det ain and
search or authorize the search, of an y pupil or property in the
possession of the pupil when said the pupil is on any school
premises, or while in transit under the authority of the school, or
while attending any function sponsored or authorized by the school,
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for dangerous weapons, controlle d dangerous substances, as defined
in the Uniform Controlled Dangerous Substances Act, intoxicating
alcoholic beverages, low-point beer, as defined by Section 163.2 of
Title 37 of the Oklahoma Statutes in the Oklahoma Alcoholic Beverage
Control Act, or for missing or stolen property if said the property
be is reasonably suspected to have been taken from a pu pil, a school
employee or the school during school a ctivities. The search shall
be conducted by a person o f the same sex as the person being
searched and shall be witnessed by at least one other authorized
person, said person to b e of the same sex if prac ticable.
B. The extent of any search conducted purs uant to this section
shall be reasonably related to the objective of the search and not
excessively intrusive in light of the age and sex of the student and
the nature of the infracti on. In no event shal l a strip search of a
student be allowed. No studen t's clothing, except cold weather
outerwear, shoes, and hand and head coverings, except religious head
coverings, shall be removed prior to or dur ing the conduct of any
warrantless search.
C. The superintendent, principal, teacher, or security
personnel searching or authorizing the search shall have authority
to detain the pupil to be searched and to preserve any dangerous
weapons, controlled dange rous substances, intoxicating alcoholic
beverages, low-point beer, or missing or stolen property that might
be in the pupil's possession including the authority to a uthorize
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any other persons they deem necessary to restrain such p upil or to
preserve any dangerous weapons, controlled dangerous substances,
intoxicating alcoholic beverages, low-point beer, or missing or
stolen property. Students found to be in possessio n of such an item
shall be subject to the provisions of Section 2 4-101.3 of this
title.
D. Pupils shall not have any reasonable expectation of priva cy
towards school administrators or teachers in the contents of a
school locker, desk, or other school prop erty. School personnel
shall have access to school lockers, desk s, and other school
property in order to properly supervise the welfare of pupils.
School lockers, desks, and other areas of school fac ilities may be
opened and examined by school officials at any time and no reason
shall be necessary for such search. Sc hools shall inform pupils in
the student discipline code that they have no reasonabl e expectation
of privacy rights towards school offic ials in school lockers, desks,
or other school property .
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/16/2023
- DO PASS, As Amended and Coauthored.