Bill Text For HB1989 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|HOUSE BILL 1989                      By: Nollan                        |
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 7|                            AS INTRODUCED                              |
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 8|       An Act relating to student suspension; amending                 |
  |       Section 8, Chapter 7, 1st Extraordinary Session,                |
 9|       O.S.L. 2013, as amended by Section 1, Chapter 135,              |
  |       O.S.L. 2015 (70 O.S. Supp. 2018, Section 6-149.7),              |
10|       which relates to the School Protection Act; ending              |
  |       mandatory out-of-school suspension; permitting                  |
11|       out-of-school suspension for certain students;                  |
  |       authorizing use of restorative practices in lieu of             |
12|       out-of-school suspension; amending 70 O.S. 2011,                |
  |       Section 24-101.3, as last amended by Section 1,                 |
13|       Chapter 90, O.S.L. 2016 (70 O.S. Supp. 2018, Section            |
  |       24-101.3), which relates to out-of-school suspension;           |
14|       updating references; requiring policy to re-engage              |
  |       students who are suspended out-of-school; directing             |
15|       school district to consider using restorative                   |
  |       practices; allowing certain agreement to be signed by           |
16|       the offender; listing examples of restorative                   |
  |       practices; prescribing situations where restorative             |
17|       practices should be considered; requiring options               |
  |       that are accessible to all students; updating                   |
18|       citation; modifying certain suspension to be                    |
  |       permitted instead of mandatory; directing creation of           |
19|       a threat assessment team; providing for membership of           |
  |       team; authorizing team to use certain tools and                 |
20|       records; requiring written approval for certain                 |
  |       student to return to classroom; mandating ongoing               |
21|       trauma-informed professional development; including             |
  |       option for parents to attend trauma-informed                    |
22|       training; and providing an effective date.                      |
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arsid7412314 HB1989 HFLR                                           Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     Section 8, Chapter 7, 1st            |
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 3|Extraordinary Session, O.S.L. 2013, as amended by Section 1, Chapter   |
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 4|135, O.S.L. 2015 (70 O.S. Supp. 2018, Section 6-149.7), is amended     |
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 5|to read as follows:                                                    |
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 6|    Section 6-149.7  A.  No student enrolled in a school shall         |
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 7|assault, attempt to cause physical bodily injury, or act in a manner   |
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 8|that could reasonably cause bodily injury to an education employee     |
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 9|or a person who is volunteering for the school.  Any student in        |
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10|grades six through twelve who violates the provisions of this          |
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11|section shall may be subject to out-of-school suspension as provided   |
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12|for in Section 24-101.3 of this title.  This section shall be in       |
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13|addition to and does not limit the criminal liability of a person      |
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14|who causes or commits an assault, battery, or assault and battery      |
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15|upon a school employee as provided for in Section 650.7 of Title 21    |
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16|of the Oklahoma Statutes.                                              |
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17|    B.  No education employee shall be liable for the use of           |
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18|necessary and reasonable force to control and discipline a student     |
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19|during the time the student is in attendance at the school or in       |
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20|transit to or from the school, or any other function authorized by     |
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21|the school district.                                                   |
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22|    C.  In lieu of out-of-school suspension as provided for in         |
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23|subsection A of this section, a school district shall consider using   |
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arsid7412314 HB1989 HFLR                                           Page 2
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 1|restorative practices as described in Section 24-101.3 of this         |
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 2|title.                                                                 |
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 3|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 24-101.3, as   |
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 4|last amended by Section 1, Chapter 90, O.S.L. 2016 (70 O.S. Supp.      |
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 5|2018, Section 24-101.3), is amended to read as follows:                |
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 6|    Section 24-101.3  A.  Any student who is guilty of an act          |
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 7|described in paragraph 1 of subsection C E of this section may be      |
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 8|suspended out-of-school in accordance with the provisions of this      |
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 9|section.  Each school district board of education shall adopt a        |
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10|policy with procedures which provides for out-of-school suspension     |
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11|of students.  The policy shall address the term of the out-of-school   |
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12|suspension, provide an appeals process as described in subsection B    |
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13|of this section, and provide that before a student is suspended        |
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14|out-of-school, the school or district administration shall consider    |
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15|and apply, if appropriate, alternative in-school placement options     |
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16|that are not to be considered suspension, such as placement in an      |
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17|alternative school setting, reassignment to another classroom, or      |
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18|in-school detention.  The policy shall address education for           |
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19|students subject to the provisions of subsection D F of this section   |
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20|and whether participation in extracurricular activities shall be       |
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21|permitted.  The policy shall facilitate the re-engagement of           |
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22|students who are suspended out-of-school or returning from an          |
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23|alternative school setting as described in paragraph 2 of subsection   |
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24|H of this section.                                                     |
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arsid7412314 HB1989 HFLR                                           Page 3
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 1|    B.  1.  Students suspended out-of-school for ten (10) or fewer     |
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 2|days shall have the right to appeal the decision of the                |
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 3|administration as provided in the policy required in subsection A of   |
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 4|this section.  The policy shall specify whether appeals for            |
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 5|short-term suspensions as provided in this subsection shall be to a    |
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 6|local committee composed of district administrators or teachers or     |
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 7|both, or to the district board of education.  Upon full                |
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 8|investigation of the matter, the committee or board shall determine    |
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 9|the guilt or innocence of the student and the reasonableness of the    |
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10|term of the out-of-school suspension.  If the policy requires          |
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11|appeals for short-term suspensions to a committee, the policy          |
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12|adopted by the board may, but is not required to, provide for appeal   |
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13|of the committee's decision to the board.                              |
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14|    2.  Students suspended out-of-school for more than ten (10) days   |
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15|and students suspended pursuant to the provisions of paragraph 2 of    |
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16|subsection C E of this section may request a review of the             |
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17|suspension with the administration of the district.  If the            |
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18|administration does not withdraw the suspension, the student shall     |
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19|have the right to appeal the decision of the administration to the     |
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20|district board of education.  Except as otherwise provided for in      |
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21|paragraph 2 of subsection C E of this section, no out-of-school        |
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22|suspension shall extend beyond the current semester and the            |
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23|succeeding semester.  Upon full investigation of the matter, the       |
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24|board shall determine the guilt or innocence of the student and the    |
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arsid7412314 HB1989 HFLR                                           Page 4
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 1|reasonableness of the term of the out-of-school suspension.  A board   |
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 2|of education may conduct the hearing and render the final decision     |
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 3|or may appoint a hearing officer to conduct the hearing and render     |
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 4|the final decision.  The decision of the district board of education   |
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 5|or the hearing officer, if applicable, shall be final.                 |
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 6|    C.  In lieu of out-of-school suspension as provided for in         |
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 7|subsection A of this section, a school district shall consider using   |
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 8|restorative practices as an alternative or in addition to suspension   |
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 9|that provide the offender the opportunity to accept responsibility     |
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10|for the harm caused to those affected by the misconduct and to         |
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11|participate in setting consequences to repair the harm.  The           |
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12|selected consequences may be incorporated into an agreement that       |
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13|sets time limits for completion and is signed by the offender.         |
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14|Restorative practices may include:                                     |
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15|    1.  Requiring the student to apologize, participate in community   |
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16|service or pay restitution;                                            |
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17|    2.  Requiring the student to participate in in-service             |
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18|activities for a specified number of days; or                          |
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19|    3.  Requiring the student to be assessed by a licensed mental      |
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20|health professional and receive counseling or treatment if             |
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21|recommended by the licensed mental health professional.                |
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22|    D.  Restorative practices shall be the first consideration to      |
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23|remediate offenses such as interpersonal conflicts, bullying, verbal   |
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24|and physical conflicts, theft, damage to property, class disruption,   |
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arsid7412314 HB1989 HFLR                                           Page 5
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 1|harassment and cyberbullying.  School districts shall provide          |
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 2|options for restorative practices that are accessible to all           |
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 3|students regardless of income level or family resources, such as       |
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 4|offering a restoration program in a school setting.                    |
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 5|    E.  1.  Students who are guilty of any of the following acts may   |
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 6|be suspended out-of-school by the administration of the school or      |
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 7|district:                                                              |
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 8|         a.   violation of a school regulation,                        |
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 9|         b.   possession of an intoxicating alcoholic beverage, or     |
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10|              low-point beer, as defined by Section 163.2 1-103 of     |
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11|              Title 37 37A of the Oklahoma Statutes, or missing or     |
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12|              stolen property if the property is reasonably            |
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13|              suspected to have been taken from a student, a school    |
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14|              employee, or the school during school activities, and    |
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15|         c.    possession of a dangerous weapon or a controlled        |
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16|              dangerous substance while on or within two thousand      |
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17|              (2,000) feet of public school property, or at a school   |
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18|              event, as defined in the Uniform Controlled Dangerous    |
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19|              Substances Act.  Possession of a firearm shall result    |
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20|              in out-of-school suspension as provided in paragraph 2   |
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21|              of this subsection.                                      |
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22|    2.  Any student found in possession of a firearm while on any      |
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23|public school property or while in any school bus or other vehicle     |
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24|used by a public school for transportation of students or teachers     |
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arsid7412314 HB1989 HFLR                                           Page 6
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 1|shall be suspended out-of-school for a period of not less than one     |
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 2|(1) year, to be determined by the district board of education          |
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 3|pursuant to the provisions of this section.  The term of the           |
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 4|suspension may be modified by the district superintendent on a         |
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 5|case-by-case basis.  For purposes of this paragraph the term           |
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 6|"firearm" shall mean and include all weapons as defined by 18          |
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 7|U.S.C., Section 921.                                                   |
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 8|    3.  Any student in grades six through twelve found to have         |
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 9|assaulted, attempted to cause physical bodily injury, or acted in a    |
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10|manner that could reasonably cause bodily injury to a school           |
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11|employee or a person volunteering for a school as prohibited           |
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12|pursuant to Section 6-146 6-149.7 of this title shall may be           |
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13|suspended for the remainder of the current semester and the next       |
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14|consecutive semester, to be determined by the board of education       |
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15|pursuant to the provisions of this section.  The term of the           |
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16|suspension may be modified by the district superintendent on a         |
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17|case-by-case basis.                                                    |
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18|    D. F.  At its discretion a school district may provide an          |
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19|education plan for students suspended out-of-school for five (5) or    |
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20|fewer days pursuant to the provisions of this subsection.  The         |
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21|following provisions shall apply to students who are suspended         |
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22|out-of-school for more than five (5) days and who are guilty of acts   |
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23|listed in subparagraphs a and b of paragraph 1 of subsection C E of    |
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24|this section.  Upon the out-of-school suspension, the parent or        |
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arsid7412314 HB1989 HFLR                                           Page 7
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 1|guardian of a student suspended out-of-school pursuant to the          |
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 2|provisions of this subsection shall be responsible for the provision   |
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 3|of a supervised, structured environment in which the parent or         |
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 4|guardian shall place the student and bear responsibility for           |
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 5|monitoring the student's educational progress until the student is     |
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 6|readmitted into school.  The school administration shall provide the   |
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 7|student with an education plan designed for the eventual               |
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 8|reintegration of the student into school which provides only for the   |
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 9|core units in which the student is enrolled.  A copy of the            |
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10|education plan shall also be provided to the student's parent or       |
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11|guardian.  For the purposes of this section, the core units shall      |
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12|consist of the minimum English, mathematics, science, social studies   |
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13|and art units required by the State Board of Education for grade       |
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14|completion in grades kindergarten through eight and for high school    |
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15|graduation in grades nine through twelve.  The plan shall set out      |
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16|the procedure for education and shall address academic credit for      |
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17|work satisfactorily completed.                                         |
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18|    E. G.  A student who has been suspended out-of-school from a       |
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19|public or private school in the State of Oklahoma or another state     |
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20|for a violent act or an act showing deliberate or reckless disregard   |
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21|for the health or safety of faculty or other students shall not be     |
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22|entitled to enroll in a public school of this state, and no public     |
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23|school shall be required to enroll the student, until the terms of     |
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24|the suspension have been met or the time of suspension has expired.    |
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arsid7412314 HB1989 HFLR                                           Page 8
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 1|    F. H.  1.  No public school of this state shall be required to     |
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 2|provide education services in the regular school setting to any        |
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 3|student who has been:                                                  |
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 4|         a.    adjudicated as a delinquent for an offense defined as   |
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 5|              a violent crime in Section 571 of Title 57 of the        |
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 6|              Oklahoma Statutes,                                       |
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 7|         b.    convicted as an adult of an offense defined as a        |
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 8|              violent crime in Section 571 of Title 57 of the          |
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 9|              Oklahoma Statutes,                                       |
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10|         c.    who has been removed from a public or private school    |
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11|              in the State of Oklahoma or another state by             |
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12|              administrative or judicial process for a violent act     |
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13|              or an act showing deliberate or reckless disregard for   |
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14|              the health or safety of faculty or other students,       |
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15|         d.    suspended as provided for in paragraph 3 of             |
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16|              subsection C E of this section, or                       |
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17|         e.    has been removed from a public or private school in     |
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18|              the state or another state by administrative or          |
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19|              judicial process for an act of using electronic          |
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20|              communication, as defined in Section 24-100.3 of this    |
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21|              title, with intent to terrify, intimidate or harass,     |
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22|              or threaten to inflict injury or physical harm to        |
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23|              faculty or other students.                               |
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arsid7412314 HB1989 HFLR                                           Page 9
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 1|    2.  The school in which a student as described in paragraph 1 of   |
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 2|this subsection is subsequently enrolled may elect to not provide      |
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 3|education services in the regular school setting until the school      |
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 4|determines that the student no longer poses a threat to self, other    |
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 5|students or school district faculty or employees.  Until the school    |
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 6|in which such student subsequently enrolls or re-enrolls determines    |
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 7|that the student no longer poses a threat to self, other students or   |
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 8|school district faculty or employees, the school may provide           |
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 9|education services through an alternative school setting, home-based   |
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10|instruction, or other appropriate setting.  If the school provides     |
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11|education services to the student at a district school facility, the   |
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12|school shall notify any student or school district faculty or          |
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13|employee victims of the student, when known, and shall ensure that     |
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14|the student will not be allowed in the general vicinity of or          |
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15|contact with a victim of the student, provided the victim notifies     |
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16|the school of the victim's desire to refrain from contact with the     |
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17|offending student.                                                     |
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18|    3.  As part of the determination of threat, the school district    |
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19|shall create a threat assessment team that may include as              |
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20|appropriate the student, parent or guardian, treatment                 |
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21|professionals, law enforcement or a school resource officer,           |
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22|governmental agencies and other professionals involved in the care     |
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23|of the child.  The threat assessment team may use a validated risk     |
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arsid7412314 HB1989 HFLR                                           Page 10
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 1|assessment screener and consider rehabilitation progress records,      |
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 2|such as mental health consultations and probation records.             |
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 3|    G. I.  Students suspended out-of-school who are on an              |
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 4|individualized education plan pursuant to the Individuals with         |
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 5|Disabilities Education Act, P.L. No. 101-476, or who are subject to    |
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 6|the provisions of subsection F H of this section and who are on an     |
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 7|individualized education plan shall be provided the education and      |
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 8|related services in accordance with the student's individualized       |
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 9|education plan.                                                        |
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10|    H. J.  A student who has been suspended for a violent offense      |
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11|which is directed towards a classroom teacher shall not be allowed     |
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12|to return to that teacher's classroom without the written approval     |
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13|of that teacher.                                                       |
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14|    I. K.  At its discretion, a school district may require a          |
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15|student guilty of acts listed in subparagraph a or b of paragraph 1    |
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16|of subsection C E of this section to complete intervention and         |
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17|prevention programs as provided by designated Youth Service            |
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18|Agencies, if available.                                                |
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19|    J. L.  No school board, administrator or teacher may be held       |
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20|civilly liable for any action taken in good faith which is             |
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21|authorized by this section.                                            |
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22|    M.  School districts shall make efforts to provide ongoing         |
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23|trauma-informed professional development to teachers,                  |
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24|administrators, school board members, school resource officers and     |
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arsid7412314 HB1989 HFLR                                           Page 11
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 1|staff on the adverse consequences of school exclusion and              |
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 2|justice-system involvement and culturally responsive disciplinary      |
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 3|methods that promote positive and healthy school climates.  Any        |
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 4|trauma-informed training provided by schools shall include, to the     |
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 5|extent possible, the option for parents to attend.                     |
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 6|    SECTION 3.  This act shall become effective November 1, 2019.      |
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 7|                                                                       |
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 8|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/19/2019   |
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arsid7412314 HB1989 HFLR                                           Page 12
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