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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1799 By: Boren
AS INTRODUCED
An Act relating to students; amending 70 O.S. 2021,
Section 13-116, which relates to corporal punishment;
requiring certain consent to be provided by all
parents or legal guardians of certain student;
requiring consent to be provided during certain
meeting within certain time period of certain event;
requiring review of certain alternative disciplinary
strategies; requiring consent to inclu de certain
information; providing an effective date; and
declaring an emergency .
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 identified
with the most significant cognitive disabilities according to
criteria established by the State Department of Education unless
addressed in an annual indiv idualized education program (IEP)
developed in accordance w ith the Individuals with Disabilities
Education Act (IDEA).
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B. A waiver to the provisions of subsection A of this section
shall be granted if all of the parent parents or legal guardian
guardians of a student provides provide written consent. The
written consent shall be provided during a meeting of the IEP team
members that is held no more than three (3) days from the
disciplinary event that provoked the use of corporal punish ment.
The IEP team shall review with the student ’s parents or legal
guardians any evidence-based alternative disciplinary strategies
that have been attempted or that could be attempted to improve the
student’s behavior in a school setting. The written co nsent
provided for in this subsection shall:
1. Indicate that evidence-based alternative disciplin ary
strategies reviewed by the IEP team with the student’s parents or
legal guardians were not succe ssful;
2. Include the name of the school employee author ized to
administer corporal punishment;
3. Indicate if a paddle will be used t o administer corporal
punishment. If a paddle is to be used, the consent shall include a
description of the weight, length, and thickness of the paddle to be
used and how many times the student will be hit with the padd le; and
4. Indicate if a school employee’s hand will be used to
administer corporal punishment to hit, spank, slap, or administer
any other physical force. If a hand is to be used, the consent
shall include the name of the school employee, his or her size, his
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or her weight, and how many times the student will be hit with the
employee’s hand.
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 July 1, 2024.
SECTION 3. It being immediately nece ssary for the preservation
of the public peace, he alth, or safety, an emergency is hereby
declared to exist, by reason whereof th is act shall take effect and
be in full force from and after its passage and approval.
59-2-3225 EB 1/17/2024 3:27:34 PM