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SENATE FLOOR VERSION
April 11, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1634 By: Staires and Davis of the
House
and
Bergstrom of the Senate
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; authorizing designation of school
personnel to transport certain items; 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, teach er, or
security personnel of any public school in the State of Oklahoma ,
upon reasonable suspicion, shall have the authority to detain 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 Substance s Act, intoxicating
alcoholic beverages, low-point beer, as defined by Section 163.2 of
Title 37 of the Oklahoma St atutes 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 pupil, a school
employee or the school during sch ool activities. The search shall
be conducted by a person of 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 practicable.
B. The extent of any search conducted pursuant 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 infra ction. In no event shall a strip search of a
student be allowed. No s tudent'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 shal l 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 mig ht
be in the pupil's possession including th e authority to authorize
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any other persons they deem necessary to restrain such p upil or to
preserve any dangerous weapons, controlled danger ous substances,
intoxicating alcoholic beverages, low-point beer, or missing or
stolen property. Students found to be in possession 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 reasona ble expectation of privacy
towards school administrators or teachers in the contents of a
school locker, desk, or other school property. 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 schoo l facilities 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 tha t they have no reasonable expectation
of privacy rights towards school officials in school lockers, desks,
or other school property.
E. The superintendent may designate school personnel to
transport items preserved as provided for in subsection C of this
section from a school site to a centralized location within the
school district or to local law enforcement offices for lawful
disposal. While in transport, the designated school personnel shall
carry their school identification and a letter from the
superintendent confirming their authority to transport the items for
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disposal. All items transported for disposal pursuant to this
subsection shall be transported in a locked container .
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 11, 2023 - DO PASS AS AMENDED