Bill Text For SB0739 - 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|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 739                  By: Smalley of the Senate         |
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 6|                                         and                           |
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 7|                                         Baker and Pae of the House    |
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11|                        COMMITTEE SUBSTITUTE                           |
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12|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 24-100a, which relates to the Healthy and Fit           |
13|       Kids Act of 2004; removing authorization for schools            |
  |       to combine certain committees; amending 70 O.S. 2011,           |
14|       Section 24-100.3, as amended by Section 2, Chapter              |
  |       311, O.S.L. 2013 (70 O.S. Supp. 2018, Section                   |
15|       24-100.3), which relates to the School Safety and               |
  |       Bullying Prevention Act; modifying certain                      |
16|       definitions; updating statutory reference; amending             |
  |       70 O.S. 2011, Section 24-100.5, as last amended by              |
17|       Section 2, Chapter 246, O.S.L. 2015 (70 O.S. Supp.              |
  |       2018, Section 24-100.5), which relates to Safe School           |
18|       Committees; adding person to committee membership;              |
  |       requiring public school sites to publicize                      |
19|       information about Safe School Committee; requiring              |
  |       Safe School Committees to meet with certain                     |
20|       frequency; directing the State Board of Education to            |
  |       promulgate certain rules; providing an effective                |
21|       date; and declaring an emergency.                               |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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arsid15482075 SB739 HFLR                                           Page 1
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 1|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 24-100a, is    |
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 2|amended to read as follows:                                            |
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 3|    Section 24-100a.  A.  This act shall be known and may be cited     |
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 4|as the "Healthy and Fit Kids Act of 2004".                             |
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 5|    B.  Beginning September 1, 2004, each public school shall          |
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 6|establish a Healthy and Fit School Advisory Committee, to be           |
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 7|composed of at least six members.  The Advisory Committee may be       |
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 8|composed of teachers, administrators, parents of students, health      |
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 9|care professionals and business community representatives.             |
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10|    A public school may combine the Healthy and Fit School Advisory    |
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11|Committee with its Safe School Committee, established pursuant to      |
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12|Section 24-100.5 of this title.                                        |
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13|    C.  Each Healthy and Fit School Advisory Committee shall study     |
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14|and make recommendations to the school principal regarding:            |
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15|    1.  Health education;                                              |
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16|    2.  Physical education and physical activity; and                  |
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17|    3.  Nutrition and health services.                                 |
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18|    D.  The principal shall give consideration to recommendations of   |
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19|the committee.                                                         |
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20|    E.  The State Board of Education shall adopt rules for             |
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21|monitoring compliance with this section and is authorized to report    |
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22|a school as deficient on the accreditation report for noncompliance    |
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23|with the provisions of this section.                                   |
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arsid15482075 SB739 HFLR                                           Page 2
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 1|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 24-100.3, as   |
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 2|amended by Section 2, Chapter 311, O.S.L. 2013 (70 O.S. Supp. 2018,    |
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 3|Section 24-100.3), is amended to read as follows:                      |
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 4|    Section 24-100.3.  A.  As used in the School Safety and Bullying   |
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 5|Prevention Act:                                                        |
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 6|    1.  "Bullying" means any pattern of harassment, intimidation,      |
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 7|threatening behavior, physical acts, verbal or unwanted, aggressive    |
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 8|behavior committed in person or by electronic communication directed   |
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 9|toward a student or group of students:                                 |
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10|         a.    that results in or is reasonably perceived as being     |
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11|              done with the intent to cause negative educational or    |
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12|              physical results for the targeted individual or group    |
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13|              and is communicated in such a way as to disrupt or       |
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14|              interfere with the school's educational mission or the   |
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15|              education of any student, and                            |
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16|         b.    that involves a real or perceived power imbalance and   |
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17|              is repeated or is highly likely to be repeated.          |
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18|    Bullying actions shall include but not be limited to harassment,   |
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19|intimidation, threatening behavior, spreading rumors, attacking        |
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20|someone physically or verbally and excluding someone from a group as   |
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21|a means of causing harm;                                               |
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22|    2.  "Power imbalance" means the attempt by a perpetrator to use    |
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23|observed or perceived personal or situational characteristics to       |
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arsid15482075 SB739 HFLR                                           Page 3
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 1|exert control over a targeted student's behavior or limit a victim's   |
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 2|ability to respond or stop the aggression;                             |
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 3|    3.  "At school" means on school grounds, in school vehicles, at    |
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 4|school-sponsored activities, or at school-sanctioned events;           |
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 5|    3. 4.  "Electronic communication" means the communication of any   |
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 6|written, verbal, pictorial information or video content by means of    |
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 7|an electronic device, including, but not limited to, a telephone, a    |
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 8|mobile or cellular telephone or other wireless telecommunication       |
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 9|device, or a computer; and                                             |
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10|    4. 5.  "Threatening behavior" means any pattern of behavior or     |
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11|isolated action, whether or not it is directed at another person,      |
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12|that a reasonable person would believe indicates potential for         |
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13|future harm to students, school personnel, or school property.         |
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14|    B.  Nothing in this act Section 24-100.1 et seq. of this title     |
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15|shall be construed to impose a specific liability on any school        |
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16|district.                                                              |
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17|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 24-100.5, as   |
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18|last amended by Section 2, Chapter 246, O.S.L. 2015 (70 O.S. Supp.     |
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19|2018, Section 24-100.5), is amended to read as follows:                |
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20|    Section 24-100.5.  A.  Every year each public school site shall    |
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21|establish a Safe School Committee to be composed of at least seven     |
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22|(7) members.  The Safe School Committee shall be composed of           |
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23|teachers, parents of enrolled students, students, and a school         |
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24|official who participates in the investigation of reports of           |
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arsid15482075 SB739 HFLR                                           Page 4
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 1|bullying as required by subsection A of Section 24-100.4 of this       |
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 2|title and a person not employed by the school district.  The           |
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 3|Committee may include administrators, school staff, school             |
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 4|volunteers, community representatives, and local law enforcement       |
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 5|agencies.  The Committee shall assist the school board in promoting    |
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 6|a positive school climate through planning, implementing and           |
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 7|evaluating effective prevention, readiness and response strategies,    |
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 8|including the policy required by Section 24-100.4 of this title.       |
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 9|    B.  The Safe School Committee shall study and make                 |
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10|recommendations to the principal regarding:                            |
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11|    1.  Unsafe conditions, possible strategies for students, faculty   |
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12|and staff to avoid physical and emotional harm at school, student      |
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13|victimization, crime prevention, school violence, and other issues     |
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14|which prohibit the maintenance of a safe school;                       |
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15|    2.  Student bullying as defined in Section 24-100.3 of this        |
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16|title;                                                                 |
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17|    3.  Professional development needs of faculty and staff to         |
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18|recognize and implement methods to decrease student bullying; and      |
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19|    4.  Methods to encourage the involvement of the community and      |
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20|students, the development of individual relationships between          |
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21|students and school staff, and use of problem-solving teams and        |
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22|resources that include counselors and other behavioral health and      |
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23|suicide prevention resources within or outside the school system.      |
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arsid15482075 SB739 HFLR                                           Page 5
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 1|    In its considerations, the Safe School Committee shall review      |
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 2|the district policy for the prevention of bullying and the list of     |
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 3|research-based programs appropriate for the prevention of bullying     |
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 4|of students at school compiled by the State Department of Education.   |
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 5| In addition, the Committee may review traditional and accepted        |
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 6|bullying prevention programs utilized by other states, state           |
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 7|agencies, or school districts.                                         |
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 8|    C.  The Safe School Committee may study and make recommendations   |
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 9|to the school district board of education regarding the development    |
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10|of a rape or sexual assault response program that may be implemented   |
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11|at the school site.                                                    |
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12|    D.  Each public school site shall:                                 |
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13|    1.  Publicize information about the Safe School Committee          |
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14|including, but not limited to, meeting dates and times; and            |
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15|    2.  Require the Safe School Committee to meet at least once each   |
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16|semester.                                                              |
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17|    E.  The State Department of Education shall:                       |
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18|    1.  Develop a model policy and deliver training materials to all   |
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19|school districts on the components that should be included in a        |
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20|school district policy for the prevention of bullying; and             |
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21|    2.  Compile and distribute to each public school site,             |
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22|prominently display on the State Department of Education website and   |
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23|annually publicize in print media a list of research-based programs    |
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24|appropriate for the prevention of bullying of students.  If a school   |
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arsid15482075 SB739 HFLR                                           Page 6
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 1|district implements a commercial bullying prevention program, it       |
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 2|shall use a program listed by the State Department of Education.       |
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 3|    F.  The State Board of Education shall adopt rules for             |
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 4|monitoring compliance with this section and is authorized to report    |
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 5|a school as deficient on the accreditation report for noncompliance    |
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 6|with the provisions of this section.                                   |
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 7|    E. G.  The provisions of this section shall not apply to           |
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 8|technology center schools.                                             |
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 9|    SECTION 4.  This act shall become effective July 1, 2019.          |
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10|    SECTION 5.  It being immediately necessary for the preservation    |
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11|of the public peace, health or safety, an emergency is hereby          |
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12|declared to exist, by reason whereof this act shall take effect and    |
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13|be in full force from and after its passage and approval.              |
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15|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2019   |
  |- DO PASS, As Amended and Coauthored.                                  |
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arsid15482075 SB739 HFLR                                           Page 7
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