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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2007 By: 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;
authorizing designation of school personnel to
transport certain preserved items; providing for
lawful disposal of items; prescribing procedures for
transport; 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 detain and
search, or authorize the search , of, any 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,
for dangerous weapons, controll ed dangerous substances, as defined
in the Uniform Controlled Dangerous Substances Act, intoxicating
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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 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 be who is 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 infracti on. In no event shall a strip search of a
student be allowed. No student 's clothing, except cold weather
outerwear, shall be removed prior to or during 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 dang erous
weapons, controlled dangerous substances, intoxicating alcoholic
beverages, low-point beer, or missing or stolen property that might
be in the pupil's possession including the authority to authorize
any other persons they deem necessary to restrain s uch pupil or to
preserve any dangerous weapons, controlled dange rous substances,
intoxicating alcoholic beverages, low-point beer, or missing or
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stolen property. Students found to be in possession of such an item
shall be subject to the provisions of Sect ion 24-101.3 of this
title.
D. The superintendent may designate school personnel to
transport items preserved as provided 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
disposal. All items transported for disposal pursuant to this
subsection shall be transported in a locked c ontainer.
E. Pupils shall not have any reasonable 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, desks, and other school
property in order to properly supervise the welfare of pupils.
School lockers, desks, and other areas of school facilities may be
opened and examined by school officials at any time and no reason
shall be necessary for such search . Schools shall inform pupils in
the student discipline code that they have no reasonable expectation
of privacy rights towards school officials in school lockers, desks,
or other school property.
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SECTION 2. This act shall become effectiv e November 1, 2023.
59-1-7800 EK 02/28/23