School Laws of Oklahoma
Chapter 1 - Oklahoma School Code
Article XXII: Miscellaneous
Section 487. School Bullying Prevention Act. (70 O.S. § 24-100.2)
Sections 1 through 4 of this act shall be known and may be cited as the “School Bullying Prevention Act”.
Section 487.1. School Bullying Prevention Act - Purpose and Definitions. (70 O.S. § 24-100.3)
A. The Legislature finds that bullying has a negative effect on the social environment of schools, creates a climate of fear among students, inhibits their ability to learn, and leads to other antisocial behavior. Bullying behavior has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, and the use of drugs and alcohol. Research has shown that sixty percent (60%) of males who were bullies in grades six through nine were convicted of at least one crime as adults, and thirty-five percent (35%) to forty percent (40%) of these former bullies had three or more convictions by twenty-four (24) years of age. Successful programs to recognize, prevent, and effectively intervene in bullying behavior have been developed and replicated in schools across the country. These schools send the message that bullying behavior is not tolerated and, as a result, have improved safety and created a more inclusive learning environment.
B. The purpose of the School Bullying Prevention Act is to provide a comprehensive approach for the public schools of this state to create an environment free of unnecessary disruption which is conducive to the learning process by implementing policies for the prevention of harassment, intimidation, and bullying.
C. As used in the School Bullying Prevention Act:
1. “Harassment, intimidation, and bullying” means any gesture, written or verbal expression, electronic communication, or physical act that a reasonable person should know will harm another student, damage another student’s property, place another student in reasonable fear of harm to the student’s person or damage to the student’s property, or insult or demean any student or group of students in such a way as to disrupt or interfere with the school’s educational mission or the education of any student. “Harassment, intimidation, and bullying” include, but are not limited to, gestures or written, verbal, or physical acts, or electronic communications;
2. “At school” means on school grounds, in school vehicles, at designated school bus stops, at school-sponsored activities, or at school-sanctioned events;
3. “Electronic communication” means the communication of any written, verbal, or pictorial information by means of an electronic device, including, but not limited to, a telephone, a cellular telephone or other wireless telecommunication device, or a computer; and
4. “Threatening behavior” means any pattern of behavior or isolated action, whether or not it is directed at another person, that a reasonable person would believe indicates potential for future harm to students, school personnel, or school property.
D. Nothing in this act shall be construed to impose a specific liability on any school district.
Section 487.2 Control and Discipline of Child. (70 O.S. § 24-100.4)
A. Each district board of education shall adopt a policy for the control and discipline of all children attending public school in that district, and for the investigation of reported incidents of harassment, intimidation, bullying, or threatening behavior. Such policy shall provide options for the methods of control and discipline of the students and shall define standards of conduct to which students are expected to conform. The policy shall:
1. Specifically prohibit threatening behavior, harassment, intimidation, and bullying by students at school and by electronic communication, whether or not such communication originated at school or with school equipment, if the communication is specifically directed at students or school personnel and concerns harassment, intimidation, or bullying at school;
2. Address prevention of and education about such behavior;
3. Establish a procedure for the investigation of all incidents of harassment, intimidation, bullying, or threatening behavior reported to school officials for the purpose of determining the severity of the incidents and their potential to result in future violence;
4. Establish a procedure whereby, upon completing an investigation pursuant to paragraph 3 of this subsection, a school may recommend that available community mental health care options be provided to the student, if appropriate; and
5. Establish a procedure whereby a school may request the disclosure of any information concerning students who have received mental health care pursuant to paragraph 4 of this subsection that indicates an explicit threat to the safety of students or school personnel, provided the disclosure of the information does not violate the requirements and provisions of the Family Educational Rights and Privacy Act of 1974, the Health Insurance Portability and Accountability Act of 1996, Section 2503 of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of the Oklahoma Statutes, or any other state or federal laws regarding the disclosure of confidential information.
In developing the policy, the district board of education shall make an effort to involve the teachers, parents, and students affected. The students, teachers, and parents or guardian of every child residing within a school district shall be notified by the district board of education of its adoption of the policy and shall receive a copy upon request. Provided, the teacher of a child attending a public school shall have the same right as a parent or guardian to control and discipline such child according to district policies during the time the child is in attendance or in transit to or from the school or any other school function authorized by the school district or classroom presided over by the teacher.
B. Except concerning students on individualized education plans (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476, the State Board of Education shall not have authority to prescribe student disciplinary policies for school districts or to proscribe corporal punishment in the public schools. The State Board of Education shall not have authority to require school districts to file student disciplinary action reports more often than once each year and shall not use disciplinary action reports in determining a school district’s or school site’s eligibility for program assistance including competitive grants.
C. The board of education of each school district in this state shall have the option of adopting a dress code for students enrolled in the school district. The board of education of a school district shall also have the option of adopting a dress code which includes school uniforms.
D. The State Board of Education shall promulgate rules for monitoring school districts for compliance with this section and providing sanctions for noncompliance with this section.
Court considered statutes authorizing teachers to use reasonable force in disciplining children when it directed reinstatement of a teacher who was dismissed for slapping a child. Hagen v. Ind. School Dist. No. I-04, 2007 OK 19
Determining reasonableness of punishment includes student’s age, sex, physical and mental condition, nature and motive of offense, whether force was degrading, and likelihood of permanent harm upon student. Holman v. Wheeler, 677 P.2d 645 (Okla. 1983)
Area of student conduct is within rule-making power of local school boards. ISD No. 8 v. Swanson, 553 P.2d 496 (Okla. 1976)
Scope of school board’s rule-making authority pertaining to students’ physical appearance is limited to rules which have reasonable connection with educational function entrusted to the board. ISD No. 8 v. Swanson, 553 P.2d 496 (Okla. 1976)
Any rule which would exclude a student from school must have a reasonable and necessary purpose. ISD No. 8 v. Swanson, 553 P.2d 496 (Okla. 1976)
School board did not have statutory authority to adopt student hair code which required boys to wear their hair “above [the] eyebrows, collars, and ears” and required that their hair be well-groomed and that their sideburns be no longer than the bottom of their earlobes; such a code lacked a clear showing of reasonable connection to a proper educational function. ISD No. 8 v. Swanson, 553 P.2d 496 (Okla. 1976)
School boards are empowered to adopt and enforce rules which are necessary to create and preserve an appropriate environment for learning, in addition to rules to insure safety of students and school property. ISD No. 8 v. Swanson, 553 P.2d 496 (Okla. 1976)
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Section 487.3. Emergency Preparedness Grants. (74 O.S. § 51.2a)
Contingent upon the availability of designated funding from the United States Department of Homeland Security or state appropriations, the Oklahoma Office of Homeland Security shall make grant monies available to:
1. Public schools, private schools, technology center schools, and institutions of higher learning in the State of Oklahoma to encourage greater emergency preparedness, including, but not limited to, improvement of plans and procedures for natural and man-made disaster and emergencies, improvement of security on campus, at events, and with regard to buses and other transportation, and improvement of communications strategies and equipment; and
2. Local law enforcement, emergency management, disaster relief, and public health entities in the State of Oklahoma to encourage the active engagement of such entities with public schools, private schools, technology center schools, and institutions of higher learning in their efforts to improve emergency preparedness.
Section 487.4. Oklahoma School Security Revolving Fund. (74 O.S. § 51.2b)
A. This section shall be known and may be cited as the “Oklahoma School Security Grant Program Act”.
B. The Oklahoma Office of Homeland Security shall solicit proposals for and make grants for the enhancement of campus security at institutions of higher learning, technology center schools, public schools, and private schools.
C. The goals and objectives of the Oklahoma School Security Grant Program are to:
1. Increase the awareness of the public and educational institutions of the risks, threats, and vulnerabilities of school campuses as well as mitigation strategies;
2. Incentivize participation in school security training programs designed to assess campus risks, threats, and vulnerabilities;
3. Provide assistance to institutions of higher learning, technology center schools, public schools, and private schools initiating or implementing school security plans, programs, and activities; and
4. Build upon the success of the pilot Education Grant Program established by the Oklahoma Office of Homeland Security.
D. The Oklahoma Office of Homeland Security shall determine grant project criteria and establish a process for the consideration of proposals. The proposals shall be considered on a statewide competitive basis among peer institutions.
E. On or before January 1, 2010, and each year thereafter, the Oklahoma Office of Homeland Security shall prepare an annual report on the Oklahoma School Security Grant Program and submit to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
Section 487.5. Oklahoma School Security Grant Program Act. (74 O.S. § 51.2c)
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Office of Homeland Security to be designated the “Oklahoma School Security Revolving Fund”. The Oklahoma School Security Revolving Fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by the Oklahoma Office of Homeland Security from:
1. Reimbursements, grants, or other monies received from other state agencies and entities of state government for school security;
2. Reimbursements, grants, or other monies received by the Oklahoma Office of Homeland Security from the United States government obligated to school security projects;
3. Gifts, donations, and bequests; and
4. Monies appropriated or apportioned by the state.
B. All monies accruing to the credit of the Oklahoma School Security Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Office of Homeland Security for the administration of the Oklahoma School Security Grant Program. Contingent upon the availability of funding, the Oklahoma Office of Homeland Security may make grants each year to institutions of higher learning, technology center schools, public schools, and private schools as provided in Section 2 of this act.
C. Expenditures from the Oklahoma School Security Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Section 487a. Safe School Committee. (70 O.S. § 24-100.5)
A. Due to the growing concern regarding safety and the ever constant threat of violence in the public schools, it is the intent of the Legislature that public schools and families work together to combat this rising problem. Therefore, beginning October 1, 1996, and every year thereafter, each public school site shall establish a Safe School Committee to be composed of at least seven (7) members. The Safe School Committee shall be composed of an equal number of teachers, parents of the children affected, students, and a school official who participates in the investigation of reports of harassment, intimidation, bullying, and threatening behavior as required by subsection A of Section 24- 100.4 of this title.
B. The Safe School Committee shall study and make recommendations to the principal regarding:
1. Unsafe conditions, possible strategies for students to avoid harm at school, student victimization, crime prevention, school violence, and other issues which prohibit the maintenance of a safe school;
2. Student harassment, intimidation, and bullying at school;
3. Professional development needs of faculty and staff to implement methods to decrease student harassment, intimidation, and bullying; and
4. Methods to encourage the involvement of the community and students, the development of individual relationships between students and school staff, and use of problem-solving teams that include counselors and/or school psychologists.
In its considerations, the Safe School Committee shall review traditional and accepted harassment, intimidation, and bullying prevention programs utilized by other states, state agencies, or school districts.
C. The State Department of Education shall compile and distribute to each public school site a list of researchbased programs appropriate for the prevention of harassment, intimidation, and bullying of students at school. If a school district implements a commercial bullying prevention program, it shall use a program listed by the State Department of Education.
D. The provisions of this section shall not apply to technology center schools.
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Section 487b. School Violence. (70 O.S. § 24-100.1)
A. It is the intent of the Legislature to encourage and assist the public schools of this state to address school violence through an emphasis on prevention. Preventative services shall be encouraged through greater access to mental health counseling and social services for students. In order to make licensed professional counselors and licensed socia workers more available and accessible on site, school districts may:
1. Contract with and allocate space for nonprofit agencies or other community-based service providers for the appropriate personnel and services;
2. Seek any available funding, including the use of Medicaid funds for students who are Medicaid eligible through targeted case management, and any other funding which may be available for related services; and
3. Encourage the State Board of Education to allow for the use of licensed professional counselors and licensed social workers in addition to academic counselors.
Section 487c. Placement of Student Victims. (70 O.S. § 24-100.6)
A. Students who have been victims of certain felony offenses by other students, as well as the siblings of the student victims, have the right to be kept separated from the student offender both at school and during school transportation.
B. Notwithstanding any provision of law prohibiting the disclosure of the identity of a minor, within thirty (30) days of the time of the adjudication or withholding of adjudication of any juvenile offender for any offense subject to the Juvenile Sex Offender Registration Act, either the juvenile bureau in counties which have juvenile bureaus or the Office of Juvenile Affairs in all other counties shall notify the superintendent of the school district in which the juvenile offender is enrolled or intends to enroll of the adjudication and the offense for which the child was adjudicated. Upon receipt of such notice, the school district shall notify the victim and parent or guardian of the victim of their right to request to be separated from the offender at school and during school transportation. If the victim requests to be separated from the offender, the school district shall take appropriate action to effectuate the provisions of subsection C of this section. The decision of the victim shall be final and not reversible.
C. Any offender described in subsection B of this section shall, upon the request of the victim, not attend any school attended by the victim or a sibling of the victim or ride on a school bus on which the victim or a sibling of the victim is riding. The offender shall be permitted by the school district to attend another school within the district in which the offender resides, provided the other school is not attended by the victim or sibling of the victim. If the offender is unable to attend another school in the district in which the offender resides, the offender shall transfer to another school district pursuant to the provisions of the Education Open Transfer Act.
D. The offender or the parents of the offender, if the offender is a juvenile, shall be responsible for arranging and paying for transportation and any other cost associated with or required for the offender to attend another school or that is required as a consequence of the prohibition against attending a school or riding on a school bus on which the victim or a sibling of the victim is attending or riding. However, the offender or the parents of the offender shall not be charged for existing modes of transportation that can be used by the offender at no additional cost to the school district.
A student offender who has been “adjudicated” or had “adjudication withheld” under the OK Juvenile Code for a crime under the Juvenile Sex Offender Registration Act, who has been transferred to a different school at the request of the student victim, is not prohibited from participating in extracurricular activities in which both schools are involved, or from attending an extracurricular event where the student victim is also in attendance. (AG Op. No. 08-14)
Section 488. Wireless Telecommunication Devices Prohibited. (70 O.S. § 24-101.1)
The board of education of each school district shall establish and implement rules regarding student possession of a wireless telecommunication device while said student is on school premises, or while in transit under the authority of the school, or while attending any function sponsored or authorized by the school. The rules shall provide that a student may possess a wireless telecommunication device upon the prior consent of both a parent or guardian and school principal or superintendent and shall also specify the disciplinary action a student shall face if found to be in possession of a wireless telecommunication device in violation of the rules.
Section 488.1. Healthy and Fit Kids Act. (70 O.S. § 24-100a)
A. This act shall be known and may be cited as the “Healthy and Fit Kids Act of 2004”.
B. Beginning September 1, 2004, each public school shall establish a Healthy and Fit School Advisory Committee, to be composed of at least six members. The Advisory Committee may be composed of teachers, administrators, parents of students, health care professionals and business community representatives.
A public school may combine the Healthy and Fit School Advisory Committee with its Safe School Committee, established pursuant to Section 24-100.5 of this title.
C. Each Healthy and Fit School Advisory Committee shall study and make recommendations to the school principal regarding:
1. Health education;
2. Physical education and physical activity; and
3. Nutrition and health services.
D. The principal shall give consideration to recommendations of the committee.
E. The State Board of Education shall adopt rules for monitoring compliance with this section and is authorized to report a school as deficient on the accreditation report for noncompliance with the provisions of this section.
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Section 488.1a. Healthy and Fit School Advisory Committees. (70 O.S. § 24-100b)
A. In order to assist the Healthy and Fit School Advisory Committees created pursuant to Section 24-100a of Title 70 of the Oklahoma Statutes, the State Department of Education in consultation with the State Department of Health shall make available to schools information and technical assistance for use in:
1. Establishing healthy school nutrition environments;
2. Reducing childhood obesity;
3. Development of quality physical education and activity programs;
4. Prevention of diet-related chronic diseases; and
5. Establishing, implementing, and evaluating school wellness policies.
B. The Healthy and Fit School Advisory Committees are encouraged to utilize the School Health Index available on the Centers for Disease Control and Prevention website or the Oklahoma Healthy and Fit Schools Scorecard available on the Governor’s Council on Physical Fitness and Sports website as a program assessment and monitoring instrument.
C. The Healthy and Fit School Advisory Committees shall be involved in the monitoring, implementation, and evaluation of Section 5-147 of Title 70 of the Oklahoma Statutes, which limits access to foods of minimal nutritional value.
Section 488.1b. Physical Fitness Assessment Software Program. (70 O.S. § 24-100c)
A. The State Department of Education and the State Department of Health shall facilitate the development of a physical fitness assessment software program customized for public schools in this state that has the capability to track the five components of student health-related physical fitness, including:
1. Aerobic capacity;
2. Muscular strength;
3. Muscular endurance;
4. Flexibility; and
5. A weight status assessment that includes measurement of height and weight, calculation of body mass index (BMI) for age, and plotting of these measures on standard growth charts.
The software program shall have the capability of creating a confidential individual student report for parents that includes an explanation of the data. In addition, the software program shall be developed and made accessible to school districts at no cost.
B. The State Department of Health in consultation with the State Department of Education and the Governor’s Council on Physical Fitness and Sports shall select at least fifteen elementary schools statewide to pilot the software program during the 2008-2009 school year. Pilot schools shall assess all participating students in grades three, four and five. No school selected to participate in the pilot program shall be required to utilize the software program. No student shall be required to participate in the assessment if a parent or guardian of the student objects in writing. The purpose of the pilot shall be to:
1. Evaluate methods for administering the physical fitness assessment to students;
2. Evaluate methods for reporting to parents;
3. Evaluate the software program to ensure that it provides for the collection of data by school district in an efficient and cost-effective manner; and
4. Evaluate the usefulness of the health-related fitness testing manual.
Section 488.1c. School Health Coordinators Pilot Program. (70 O.S. § 24-100d)
A. Contingent on the availability of funding, the State Department of Education shall contract with a statewide nonprofit school health program that promotes the health needs of students to establish a School Health Coordinators Pilot Program. The purpose of the Pilot Program shall be to assist elementary schools and the Healthy and Fit School Advisory Committees in elementary schools in implementing health and wellness programs and providing health and wellness information to students in the elementary schools. The State Department of Education shall oversee the Pilot Program. The Pilot Program contractor shall coordinate the Pilot Program and provide the required support to schools to allow for participation in the Pilot Program.
B. The Department shall conduct the Pilot Program for a period of not less than five (5) years. The Pilot Program contractor shall employ and provide for the salary and benefits of school health coordinators, along with training and school support needed to implement the Pilot Program. The number of school health coordinators employed in years one and two of the Pilot Program shall be contingent upon funding and other factors as determined by the Department in conjunction with the Pilot Program contractor. By year three of the Pilot Program, not less than six school health coordinators shall be employed by the Pilot Program contractor with one school health coordinator assigned to each quadrant of the state, one assigned to the Tulsa metropolitan area, and one assigned to the Oklahoma City metropolitan area. A Pilot Program coordinator, Pilot Program contractor monitor, and additional school health coordinators may be employed if funds are available. A person employed as a school health coordinator shall at a minimum have a baccalaureate degree in health, community health, education, physical education, or nursing.
C. The school health coordinators shall be responsible for:
1. Facilitating the activities of and providing assistance and expertise to the Healthy and Fit School Advisory Committees in elementary schools;
2. Providing professional development opportunities for teachers;
3. Providing curriculum, materials, and resources to elementary schools for school health programs, which may include health education, physical education, health services, nutrition services, school climate, physical environment, health promotion and wellness, and youth, family, and community involvement;
4. Assisting elementary schools in completing the School Health Index;
5. Interacting with parent organizations in public schools in order to educate parents about health and wellness issues; and
6. Conducting a public health media campaign for students and their families.
D. The Department and the Pilot Program contractor shall form a steering committee with representatives from the State Department of Health and other entities interested in school health to help provide expertise, oversight and guidance for the Pilot Program.
E. The Pilot Program contractor in partnership with an evaluation entity shall conduct an annual evaluation of the effectiveness and impact of the Pilot Program. A copy of the evaluation shall be submitted to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
F. The State Board of Education shall promulgate rules necessary to implement the provisions of this section.
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Section 488.2. Student Suspension. (70 O.S. § 24-101.3)
A. Any student who is guilty of an act described in paragraph 1 of subsection C of this section may be suspended out-of-school in accordance with the provisions of this section. Each school district board of education shall adopt a policy with procedures which provides for out-of school suspension of students. The policy shall address the term of the out-of-school suspension, provide an appeals process as described in subsection B of this section, and provide that before a student is suspended out-of-school, the school or district administration shall consider and apply, if appropriate, alternative in-school placement options that are not to be considered suspension, such as placement in an alternative school setting, reassignment to another classroom, or in-school detention. The policy shall address education for students subject to the provisions of subsection D of this section and whether participation in extracurricular activities shall be permitted.
B.
1. Students suspended out-of-school for ten (10) or fewer days shall have the right to appeal the decision of the administration as provided in the policy required in subsection A of this section. The policy shall specify whether appeals for short-term suspensions as provided in this subsection shall be to a local committee composed of district administrators or teachers or both, or to the district board of education. Upon full investigation of the matter, the committee or board shall determine the guilt or innocence of the student and the reasonableness of the term of the out-of-school suspension. If the policy requires appeals for short-term suspensions to a committee, the policy adopted by the board may, but is not required to, provide for appeal of the committee's decision to the board.
2. Students suspended out-of-school for more than ten (10) days and students suspended pursuant to the provisions of paragraph 2 of subsection C of this section may request a review of the suspension with the administration of the district. If the administration does not withdraw the suspension, the student shall have the right to appeal the decision of the administration to the district board of education. Except as otherwise provided for in paragraph 2 of subsection C of this section, no out-of-school suspension shall extend beyond the current semester and the succeeding semester. Upon full investigation of the matter, the board shall determine the guilt or innocence of the student and the reasonableness of the term of the out-of-school suspension. A board of education may conduct the hearing and render the final decision or may appoint a hearing officer to conduct the hearing and render the final decision. The decision of the district board of education or the hearing officer, if applicable, shall be final.
C.
1. Students who are guilty of any of the following acts may be suspended out-of-school by the administration of the school or district:
a. violation of a school regulation,
b. immorality,
c. adjudication as a delinquent for an offense that is not a violent offense. For the purposes of this section, “violent offense” shall include those offenses listed as the exceptions to the term “nonviolent offense” as specified in Section 571 of Title 57 of the Oklahoma Statutes. “Violent offense” shall include the offense of assault with a dangerous weapon but shall not include the offense of assault,
d. possession of an intoxicating beverage, low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or missing or stolen property if the property is reasonably suspected to have been taken from a student, a school employee, or the school during school activities, and
e. possession of a dangerous weapon or a controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act. Possession of a firearm shall result in out-of-school suspension as provided in paragraph 2 of this subsection.
2. Any student found in possession of a firearm while on any public school property or while in any school bus or other vehicle used by a public school for transportation of students or teachers shall be suspended out-of-school for a period of not less than one (1) year, to be determined by the district board of education pursuant to the provisions of this section. The term of the suspension may be modified by the district superintendent on a case-by-case basis. For purposes of this paragraph the term “firearm” shall mean and include all weapons as defined by 18 U.S.C., Section 921.
3. Any student in grades six through twelve found to have assaulted, attempted to cause physical bodily injury, or acted in a manner that could reasonably cause bodily injury to a school employee or a person volunteering for a school as prohibited pursuant to Section 81* of this act shall be suspended for the remainder of the current semester and the next consecutive semester, to be determined by the board of education pursuant to the provisions of this section. The term of the suspension may be modified by the district superintendent on a case-by-case basis.
D. At its discretion a school district may provide an education plan for students suspended out-of-school for five (5) or fewer days pursuant to the provisions of this subsection. The following provisions shall apply to students who are suspended out-of-school for more than five (5) days and who are guilty of acts listed in subparagraphs a, b, c and d of paragraph 1 of subsection C of this section. Upon the out-of-school suspension, the parent or guardian of a student suspended out-of-school pursuant to the provisions of this subsection shall be responsible for the provision of a supervised, structured environment in which the parent or guardian shall place the student and bear responsibility for monitoring the student's educational progress until the student is readmitted into school. The school administration shall provide the student with an education plan designed for the eventual reintegration of the student into school which provides only for the core units in which the student is enrolled. A copy of the education plan shall also be provided to the student's parent or guardian. For the purposes of this section, the core units shall consist of the minimum English, mathematics, science, social studies and art units required by the State Board of Education for grade completion in grades kindergarten through eight and for high school graduation in grades nine through twelve. The plan shall set out the procedure for education and shall address academic credit for work satisfactorily completed.
E. A student who has been suspended out-of-school from a public or private school in the State of Oklahoma or another state for a violent act or an act showing deliberate or reckless disregard for the health or safety of faculty or other students shall not be entitled to enroll in a public school of this state, and no public school shall be required to enroll the student, until the terms of the suspension have been met or the time of suspension has expired.
F. No public school of this state shall be required to provide education services in the regular school setting to any student who has been adjudicated as a delinquent for an offense defined in Section 571 of Title 57 of the Oklahoma Statutes as an exception to a nonviolent offense or convicted as an adult of an offense defined in Section 571 of Title 57 of the Oklahoma Statutes as an exception to a nonviolent offense, who has been removed from a public or private school in the State of Oklahoma or another state by administrative or judicial process for a violent act or an act showing deliberate or reckless disregard for the health or safety of faculty or other students, or who has been suspended as provided for in paragraph 3 of subsection C of this section until the school in which the student is subsequently enrolled determines that the student no longer poses a threat to self, other students or school district faculty or employees. Until the school in which such student subsequently enrolls or re-enrolls determines that the student no longer poses a threat to self, other students or school district faculty or employees, the school may provide education services through an alternative school setting, home-based instruction, or other appropriate setting. If the school provides education services to such student at a district school facility, the school shall notify any student or school district faculty or employee victims of such student, when known, and shall ensure that the student will not be allowed in the general vicinity of or contact with a victim of the student, provided such victim notifies the school of the victim’s desire to refrain from contact with the offending student.
G. Students suspended out-of-school who are on an individualized education plan pursuant to the Individuals with Disabilities Education Act, P.L. No. 101-476, or who are subject to the provisions of subsection F of this section and who are on an individualized education plan shall be provided the education and related services in accordance with the student's individualized education plan.
H. A student who has been suspended for a violent offense which is directed towards a classroom teacher shall not be allowed to return to that teacher's classroom without the approval of that teacher.
I. No school board, administrator or teacher may be held civilly liable for any action taken in good faith which is authorized by this section.
A school district must adopt policies that provide for the suspension of students in possession of firearms on school property and that prohibits the transportation and storage of firearms in locked vehicles by students or others on school property set aside for the use of any vehicle. However, a school district may not adopt a policy or rule that prohibits a person from possessing a firearm or knife for hunting or fishing if properly displayed and stored as required by law, or a handgun pursuant to the Oklahoma Self-Defense Act, in a private vehicle on school property, if the vehicle containing the weapon is only driven onto school property to transport a student to and from school and does not remain unattended on school property, nor that prohibits a person from possessing a gun or knife on school property for the purposes of participating in a school-approved training course, firearms event or competition, or a living history reenactment, provided that the weapon is properly displayed or stored as required by law. December 7, 2004 (AG Op. No. 04-39)
Section 24-101.3(F), applies to both students and faculty, but not to the siblings of the student victim. A school district that provides “education services” at a district school facility must ensure that an offender adjudicated as a juvenile or convicted as an adult of one of the enumerated list of crimes under the Juvenile Sex Offender Registration Act, “not be allowed in the general vicinity of or contact with a victim” of the offender if requested by the victim. The phrase “educational services” includes extracurricular activities occurring within the school district. (AG Op. No. 08-14)
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Section 488.3. Disciplinary and Educational Records. (70 O.S. § 24-101.4)
A. A school district in which a student is enrolled or is in the process of enrolling in may request the student’s education records from any school district in which the student was formerly enrolled to ascertain safety issues with incoming students and ensure full disclosure. A district that receives a request for the education records of a student who formerly was enrolled in the district shall forward the records within three (3) business days of receipt of the request. The records shall include the student’s disciplinary records. Disciplinary records shall include but not be limited to all information that relates to a student assaulting, carrying weapons, possessing illegal drugs, including alcohol, and any incident that poses a potential dangerous threat to students or school personnel. The forwarding and disclosure of disciplinary records or other education records to a school district in which a student seeks or intends to enroll shall be in accordance with the annual notification requirements and provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).
B. Each school district shall be required to release nondirectory educational records to the agencies listed in Section 620.3 of Title 10 of the Oklahoma Statutes. The release of any records shall be in accordance with the provisions of FERPA. The term “nondirectory educational records” shall be those records maintained by the school regarding a child who is or has been a student at the school which are categorized as private or confidential records pursuant to FERPA.
C. The State Board of Education shall promulgate rules for monitoring school districts for compliance with this section and providing sanctions for noncompliance with this section. The Board shall inform school districts of their statutory responsibilities for compliance with FERPA. Enforcement and sanctions shall be as provided by the federal requirements under FERPA.
Section 489. Pupils - Searches. (70 O.S. § 24-102)
The superintendent or, 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 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 or, controlled substances, as defined in the Uniform Controlled Dangerous Substances Act, intoxicating beverages, low point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or for missing or stolen property if said property be reasonably suspected to have been taken from a pupil, 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 of the same sex if practicable.
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 infraction. 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.
The superintendent or, principal, teacher, or security personnel searching or authorizing the search shall have authority to detain the pupil to be searched and to preserve any dangerous weapons or, controlled dangerous substances, intoxicating beverages, low-point beer, or missing or stolen property that might be in their possession including the authority to authorize any other persons they deem necessary to restrain such pupil or to preserve any dangerous weapons or, controlled dangerous substances, intoxicating 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 24-101.3 of this title.
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.
Section 490. Bribes in Connection with School Bonds and School Supplies. (70 O.S. § 24-103)
It is hereby declared to be unlawful for any officer or employee of the State Board of Education, member of a board of education or employee thereof, to solicit, take, retain, or receive any money, property or thing of value in the nature of commissions or otherwise for the purchase or sale of school bonds, or for the purchase of any furniture or supplies, and the soliciting, taking, retaining or receiving of any such money or other thing of value is hereby declared to be a misdemeanor.
Section 491. Payment or Tender of Money or Property - Unlawful When. (70 O.S. § 24-104)
It is hereby declared to be unlawful and a misdemeanor for any person, corporation or individual to offer, tender to pay or deliver to any such officer or employee of the State Board of Education, member of a board of education or employee thereof, any such property, money or other thing of value in any way connected with the issuing of school bonds or the purchase of furniture or supplies, whether the same be denominated commission or otherwise.
Section 492. Referral Fee from Mental Health Care Prohibited. (70 O.S. § 24-104.1)
It shall be unlawful for any school counselor, teacher, any other school employee, school board member, or Department of Human Services employee to solicit, take, retain, or receive any money, property, or thing of value in the nature of a fee or otherwise from a mental health care provider or facility or any employee thereof for directing or referring students to the provider or facility for treatment. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.
Section 493. Referral Fee by Mental Health Care Prohibited. (70 O.S. § 24-104.2)
It shall be unlawful for any mental health care provider or facility or any employee thereof to offer, tender to pay or deliver to any school counselor, teacher, any other school employee, school board member, or Department of Human Services employee any money, property, or thing of value in the nature of a fee or otherwise for directing or referring a student to that provider or facility for treatment. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.
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Section 494. Fraternities, Sororities and Secret Societies. (70 O.S. § 24-105)
A. The board of education of each school district shall have full power and authority to regulate, control or prohibit any fraternity, sorority, secret society, club or group composed in whole or in part of students enrolled in the school district if it deems it advisable and in the best interest of the school program to do so.
B. Each board of education shall adopt policies and procedures to annually notify parents or guardians of students about clubs and organizations sponsored by or under the direction and control of the school. The annual notification about clubs and organizations shall be by means of the student handbook and by posting on the Internet website for the school district or if the school district does not have an Internet website by another appropriate method. The annual notification shall include, but is not limited to, the following information about each club or organization:
1. Name;
2. Mission or purpose; and
3. Name of the faculty advisor, if known.
C. If clubs or organizations are created or formed after the annual notification is distributed, the school district shall send additional notification to the parents or guardians containing information about the additional clubs or organizations consistent with the requirements set forth in subsection B of this section.
D. The policy adopted by each board of education shall provide parents or guardians of students with an opportunity to notify school administration that the parent or guardian is withholding permission for a student to join or participate in one or more clubs or organizations. The policy shall only apply to participation in clubs and organizations that are extracurricular and shall not apply to participation in clubs and organizations that are necessary for a required class of instruction. Parents or guardians shall be responsible for preventing their student from participating in a club or organization in which permission is withheld. Parents or guardians shall also be responsible for retrieving their student from attendance at a club or organization in which permission is withheld. Nothing in this subsection shall prevent a club or organization from meeting when a student who is not authorized to be in the club or organization is present at such meeting.
E. For purposes of this section:
1. “Clubs and organizations” means a club or organization comprised of students that is organized and meets for common goals, objectives, or purposes, and that is directly under the sponsorship, direction, and control of the school; and
2. “Competitive interscholastic activity or event” means activities held under the auspices or sponsorship of a school district that involves students enrolled in that school district competing against individuals or groups of students representing other school districts.
Section 495. United States Flag - Display. (70 O.S. § 24-106)
A. The board of education of every school district in this state shall be required to own and display, either inside or outside each classroom building in the district, a United States flag.
B. Instruction in the history and etiquette relating to the United States Flag shall be given in one or more grades in the schools in every school district in this state.
C. Students are authorized to recite, at the beginning of each school day, the pledge of allegiance to the flag of the United States of America as enumerated at 36 U.S.C., Section 172. Each student shall be informed by posting a notice in a conspicuous place that students not wishing to participate in the pledge shall not be required to do so.
Section 495.1. Display of United States Mottos. (70 O.S. § 24-106.1)
A. Principals and teachers in each public school in this state may display in each classroom, school auditorium, and school cafeteria under their supervision the following motto of the United States of America: “E PLURIBUS UNUM (Out of Many One)” and “IN GOD WE TRUST”. For purposes of this subsection, “classroom” means any room of a public school where instruction takes place.
B. Each school district in the state shall permit a principal or teacher to utilize in a public school building, classroom, or at any public school event any grade-level-appropriate excerpts or portions of the documents, writings, speeches, proclamations, or records relating to the history, heritage, or foundation of the United States or the State of Oklahoma including, but not limited to, the:
1. Mayflower Compact;
2. Declaration of Independence;
3. Constitutions of the United States and the State of Oklahoma;
4. Federalist Papers;
5. Pledge of Allegiance;
6. National anthem;
7. Presidential records and speeches;
8. Acts and published records of Congress; and
9. United States Supreme Court decisions and records.
C. School districts shall not limit or restrain instruction in American or Oklahoma state history or heritage based on religious references in documents, writings, speeches, proclamations, or the materials described in subsection B of this section. These and any other materials shall be used for educational purposes only and not to establish or promote any religion.
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Section 496. Arbor Day. (70 O.S. § 24-107)
The Friday following the second Monday in February of each year shall be known throughout Oklahoma as Arbor Day.
Note: Title 2, section 16-68, Okla. Stat. provides that the last full week in March of each year shall be known as Arbor Week.
Section 497. Repealed.
Section 498. Oklahoma Statehood Day - November 16. (70 O.S. § 24-109)
The date of November 16 of each year is hereby designated “Oklahoma Statehood Day” in and for the public schools of this state. Any year in which the date of November 16 is a Saturday or Sunday the public schools of this state shall observe the next succeeding school day as “Oklahoma Statehood Day,” as provided herein.
Section 499. Oklahoma Statehood Day - Program For. (70 O.S. § 24-110)
The several school boards of this state and the superintendents, principals, and other school officials may on “Oklahoma Statehood Day” plan and conduct programs commemorating Oklahoma history and the achievements of Oklahoma from an historical viewpoint and may in other appropriate manner conduct a program or programs for the purpose of teaching and inspiring the school children of our state in the appreciation of the rich Oklahoma heritage and the achievements of the sons and daughters of Oklahoma in peace and war.
Section 500. Bill of Rights Day. (70 O.S. § 24-111)
The date of December 15 is hereby designated “Bill of Rights Day” in and for the public schools of this state. Any year in which the date of December 15 is a Saturday, Sunday, or school holiday, the public schools of this state shall observe the next succeeding school day as “Bill of Rights Day,” as provided herein.
Section 501. Programs. (70 O.S. § 24-112)
The several school boards of this state and the superintendents, principals, and other school officials may on “Bill of Rights Day” plan and conduct programs commemorating the Bill of Rights of the United States Constitution and the Bill of Rights of the Constitution of the State of Oklahoma and may in other appropriate manner conduct programs for the purpose of teaching and inspiring the school children of our state in the appreciation of the significance for individual freedom of said Bills of Rights.
Section 502. Rules and Regulations To Be Adopted by State Board of Education. (70 O.S. § 24-113)
The State Board of Education is authorized and directed to adopt such rules and regulations as may be necessary for carrying out the intent and purpose of Sections 24-110 and 24-112 hereof.
Section 503. Pupil Records - Duplicate Copies To Be Kept. (70 O.S. § 24-114)
The governing board of each school district in Oklahoma shall require every public school within its jurisdiction to prepare duplicate copies of individual scholastic and other permanent records relating to each pupil enrolled. The duplicate of said records shall be filed in a building separate and apart from the building where the original copy is filed or shall be filed in a fireproof vault designed for the purpose of protecting permanent records. The original copy of said records shall be filed and permanently retained by the respective public schools of this state.
Section 504. Promotion - Retention of Student. (70 O.S. § 24-114.1)
Whenever a teacher or teachers recommend that a student be retained at the present grade level or not passed in a course, the parent or guardian, if dissatisfied with the recommendation, may appeal the decision by complying with the district’s appeal process. The decision of the board of education shall be final. The parent may prepare a written statement to be placed in and become a part of the permanent record of the student stating the reason(s) for disagreeing with the decision of the board.
Section 505. Storm and Fallout Shelters. (70 O.S. § 24-115)
In addition to other authority and powers now or hereafter conferred upon boards of education, the board of education of each school district is hereby authorized and empowered to construct, equip, and maintain storm and fallout shelters independently or jointly with other departments, offices, agencies, and all other entities of federal, state, and local governments. For the purposes of this article, said boards of education are hereby authorized and empowered:
1. To expend funds;
2. To accept federal, state, and local governmental and private funds as may be available;
3. To negotiate and enter into agreements, contractual and otherwise, with such departments, offices, agencies, and other entities of federal, state, and local governments and with private corporations, companies, and individuals;
4. To authorize the construction of said storm and fallout shelters on school properties; and
5. To adopt such rules and regulations governing the use of such facilities as may be deemed necessary and proper, not inconsistent with laws of this state or rules and regulations of the State Board of Education.
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Section 506. High School Diplomas - Issued on 30 Hours College Work. (70 O.S. § 24-116)
Any person who has been admitted to any accredited college or university may be awarded a high school diploma by the State Department of Education within this state, provided that such person has successfully completed at least thirty (30) hours of college work at an accredited college or university.
Section 507. Safety Goggles - School Board to Provide for Certain Personnel. (70 O.S. § 24-117)
The school board of each school district in Oklahoma shall provide safety goggles as approved by the National Safety Council for all personnel using materials and machines that may damage the vision of such personnel because of flying particles, intense light, severe heat or other harmful effects.
Section 508. Respirators - School Board to Provide for Certain Teachers and Students. (70 O.S. § 24-118)
The school board of each school district in Oklahoma shall provide respirators where needed in the opinion of the State Health Department as approved by the National Safety Council in sufficient numbers to protect teachers and students in industrial arts, vocational training, technical training and chemistry classes using or handling toxic materials or other substances which may cause damage to the respiratory system and shall further direct that such respirators be maintained in satisfactory working condition and are located within easy access wherever such materials or substances are used or stored.
Section 509. Ethnic and Racial History Coverage. (70 O.S. § 24-119)
The State Board of Education shall adopt necessary rules and regulations providing coverage of the outstanding historical events which recognize the contributions made by African Americans, Hispanic Americans, Native Americans and other ethnic groups to Oklahoma’s rich cultural history and heritage.
Section 510. Truancy - Reports to Department of Public Welfare - Withholding of Assistance Payments. (70 O.S. § 24-120)
A. At the close of each attendance period of the school term, the board of education of each school district shall notify in writing the Department of Human Services of the name of any child who has not been present for instruction at least eighty percent (80%) of the time without valid excuse as defined in Section 10-105 of this title.
B. Upon the receipt of such information from the school district, the Director of the Department of Human Services is authorized to withhold assistance payments to the payee of such child and to instigate an investigation for the purpose of improving the school attendance of such child. After such investigation, if the attendance record of the child investigated is satisfactory, such withheld payments may be released. In the event the investigation results in change in custody and care of such child, payments to the payee shall be canceled or shall be made to the person qualified to receive benefits on behalf of the child.
C. For purposes of the pilot project, the Department of Human Services and the State Board of Education shall establish a procedure to provide for the exchange of information required by this section concerning students subject to the provisions of this section. Any procedure thus established shall, if applicable, comply with the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g et seq., and any other applicable federal law.
D. The district attorney shall file with the Department of Human Services a report identifying any child who has been convicted of truancy within thirty (30) days of such conviction.
Section 510.1. Deprived Adjudication Due to Repeated Absence. (10A O.S. § 1-4-708)
A. In cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents.
B. Prior to final disposition, the court shall require verification by the appropriate school district that the child found to be truant has been evaluated for literacy, learning disabilities, developmental disabilities, hearing and visual impairment, and other impediments which could constitute an educational handicap. The results of such assessments or evaluations shall be made available to the court for use by the court in determining the disposition of the case.
C. No child who has been adjudicated deprived upon the basis of noncompliance with the mandatory school attendance law alone may be placed in a public or private institutional facility or be removed from the custody of the lawful parent, legal guardian, or custodian of the child.
D. A deprived adjudication based solely upon repeated absence from school shall not constitute a ground for termination of parental rights.
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Section 511. Safety Belts for School Bus Drivers. (70 O.S. § 24-121)
No vehicle shall be used by any school district within this state for the transportation of school children on or after the beginning of the 1968-69 school year, unless such vehicle be equipped with a safety belt or safety harness for the use of the driver of such vehicle. Such seat belt and safety harness shall conform to such standards as may be prescribed. The Department of Public Safety shall prescribe standards, and each seat belt or safety harness used in such vehicle shall conform thereto. The Department of Public Safety shall provide the State Board of Education with a detailed description of the standards prescribed and the said Board shall furnish a copy of such standards to the board of education of each school district. The driver of every vehicle used by a school district for the transportation of school children shall make use of such seat belts while in operation of the vehicle, and failure to do so shall be deemed to constitute a misdemeanor, and upon conviction therefor such driver shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Section 511.1 Effect of Headings. (70 O.S. § 24-125)
Article and section headings contained in this act shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any article or section hereof.
Section 512. Jim Thorpe Day. (70 O.S. § 24-130)
The date of April 16 of each year is hereby designated “Jim Thorpe Day” in and for the public schools of this state. In any year in which April 16 is a Saturday, Sunday or school holiday, the public schools of this state shall observe the next succeeding school day as “Jim Thorpe Day.” The several boards of education of this state and the superintendents, principals and teachers in the public school system may on “Jim Thorpe Day” conduct suitable programs commemorating the accomplishments of Jim Thorpe, the world’s greatest athlete and a native Oklahoman, for the purpose of inspiring the school children of this state to greater personal achievements in physical fitness.
Section 513. Orders to Leave School Property. (70 O.S. § 24-131)
The superintendent or principal of any secondary, middle, or elementary school shall have the authority to order any person out of the school buildings and off the school property when it appears that the presence of such person is a threat to the peaceful conduct of school business and school classes. Any person who refuses to leave the school buildings or grounds after being ordered to do so by the superintendent or principal, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.
Section 513. Orders to Leave School Property. (70 O.S. § 24-131)
(Effective November 1 2012)
The superintendent or principal of any secondary, middle, or elementary school shall have the authority to order any person out of the school buildings and off the school property when it appears that the presence of such person is a threat to the peaceful conduct of school business and school classes. This authority shall extend to the removal of any individual attending an official school activity or field trip not on school property, when the superintendent or principal determines that a threat to the peaceful conduct of students exists. Any person who refuses to leave after being ordered to do so by the superintendent or principal, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.
Section 513.1. Definitions. (70 O.S. § 24-131.1)
1. “Chief administrative officer” shall mean the principal, superintendent, or other person in charge of the management, administration, or control of any secondary school;
2. “Period of a sanctioned athletic event” shall mean the time during which a sanctioned athletic event occurs and a period of two (2) hours immediately before and after the event;
3. “Premises of the secondary school” shall mean:
a. the real property on which a secondary school is located, including, but not limited to, school buildings, playing fields, gymnasiums, auditoriums, and parking lots owned or leased for use by the secondary school, and
b. the real property on which a recreational facility acquired, constructed or leased by an independent school district or a secondary school is located, including buildings, playing fields, and parking lots;
4. “Sanctioned athletic event” shall mean an athletic contest or sporting event sanctioned by the Oklahoma Secondary School Activities Association; and
5. “Secondary school” shall mean a public or private school subject to the school laws of Oklahoma engaged in the education of students for any of grades seven through twelve.
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Section 513.2. Authority to Direct to Leave Premises - Penalties. (70 O.S. § 24-131.2)
A. The chief administrative officer or the chief administrative officer’s designee to maintain order at a secondary school shall have the authority and power to direct any person to leave the premises of that secondary school, who, during the period of a sanctioned athletic event, after having been personally and specifically warned by the officer or the designee to refrain from such conduct, commits an act which materially and substantially interferes with the peaceful conduct of a sanctioned athletic event, including:
1. Projecting in any manner an object which could cause bodily harm to another person;
2. Entering the physical boundaries designated for the conduct of a sanctioned athletic event for the purpose of materially and substantially disrupting or interfering with the event;
3. Threatening to kill or do bodily harm to any person with apparent ability to carry out that threat during the period of a sanctioned athletic event; or
4. Using violent, obscene, indecent, or profane language in a manner which materially and substantially interferes with the peaceful conduct of a sanctioned athletic event.
B. Any person who fails to leave the premises of the secondary school as directed, may, upon application by the secondary school, be enjoined from entering upon or remaining upon the premises during the period of a sanctioned athletic event for the remainder of the school year or for so long as the court may provide. The procedure governing the application for injunction shall be the procedure for civil injunctions set forth in Title 12 of the Oklahoma Statutes.
C. Any person who knowingly and willfully fails to obey a direction to leave the premises of the secondary school shall be guilty of a misdemeanor.
D. This section shall not apply to competitors in a sanctioned athletic event, their coaches, or officials, accredited by the Oklahoma Secondary School Activities Association, who are participating in the event.
Section 514. School Officials Immune from Liability for Making Certain Reports. (70 O.S. § 24-132)
A. Any public school administrator, teacher or counselor having reasonable cause to suspect that a student is under the influence of low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes or a controlled dangerous substance as defined in Section 2-101 of Title 63 of the Oklahoma Statutes or has in the student’s possession low-point beer or alcoholic beverages or a controlled dangerous substance, who reports such information to the appropriate school official, court personnel, community substance abuse prevention and treatment personnel or any law enforcement agency, pursuant to the school’s policy shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of such a report.
B. Every school authority shall immediately deliver any controlled dangerous substance, removed or otherwise seized from any minor or other person, to a law enforcement authority for appropriate disposition.
Section 514.1. Delivery of Seized Firearms to Law Enforcement. (70 O.S. § 24-132.1)
Pursuant to the requirements of Section 1271.1 of Title 21 of the Oklahoma Statutes, every school authority shall immediately deliver any weapon or firearm, removed or otherwise seized from any minor, to a law enforcement authority for appropriate disposition.
Section 515. Students Under Influence of Nonintoxicating Beverage, Alcoholic Beverage orControlled Dangerous Substance Written Policy. (70 O.S. § 24-138)
A. Whenever it appears to any public school teacher that a student may be under the influence of low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes or a controlled dangerous substance, as defined in Section 2-101 of Title 63 of the Oklahoma Statutes, that teacher shall report the matter, upon recognition, to the school principal or his or her designee. The principal or designee shall immediately notify the superintendent of schools or designee and a parent or legal guardian of the student of the matter.
No officer or employee of any public school district or member of any school board shall be subject to any civil liability for any statement, report, or action taken in assisting or referring for assistance to any medical treatment or social service agency or facility or any substance abuse prevention and treatment program any student reasonably believed to be abusing or incapacitated by the use of low-point beer, alcoholic beverages or a controlled dangerous substance unless such assistance or referral was made in bad faith or with malicious purpose. No such officer or employee of any public school district, member of any school board, school or school district shall be responsible for any treatment costs incurred by a student as a result of any such assistance or referral to any medical treatment, social service agency or facility, or substance abuse prevention and treatment program.
B. Every school district shall have and deliver to each classroom teacher a written policy that such teachers shall follow if they have a student who appears to be under the influence of low-point beer, alcoholic beverages or a controlled dangerous substance in their classroom. The written policy shall be developed by the local superintendent of schools and adopted by the local board of education. The provisions of subsection A of this section shall be the minimum requirements of such written policy. The written policy shall be filed with the office of the State Superintendent of Public Instruction within ninety (90) days of the effective date of this act. If such filing is not timely made, the public schools in such school district shall lose their accreditation until the written policy is filed.
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Section 516. Program to Develop Leadership Skills for Administrators and Principals. (70 O.S. § 24-140)
The State Board of Education shall study programs designed to develop leadership skills for school district administrators and principals which utilized expertise and program availability from private industry. If funds are available, such program shall be adopted and implemented beginning with the 1992-93 school year.
Section 517. Sports Competition Officials - Equal Employment Opportunity. (70 O.S. § 24-150)
No school or school district shall belong to or participate in a sports competition sponsored by an organization unless said organization provides all qualified officials, referees or other individuals charged with selecting winners or controlling the conduct of the competition an equal employment opportunity without discrimination on the basis of face, color, religion, age, sex, geographical boundaries or national origin. All amateur sports organizations and schools or school districts shall ensure that all officials, referees and other individuals charged with selecting winners or controlling the conduct of the competition are afforded an equal opportunity to be assigned to serve in such capacity, provided that the official or referee is qualified or is able to adequately perform the job at such place or time.
Section 517.0. Coordination of Spring Break. (70 O.S. § 24-151)
A. It is the intent of the Legislature that the State Superintendent of Public Instruction, the Director of the State Department of Vocational and Technical Education, and the Chancellor for Higher Education shall coordinate spring break dates for the public schools, area vocational technical schools, and institutions within The Oklahoma State System of Higher Education beginning with the 2001-2002 school year.
B. Independent, elementary, and area vocational-technical school districts and institutions within The Oklahoma State System of Higher Education shall schedule spring break dates as determined pursuant to subsection A of this section.
Section 517.0.1. Veterans - Program for Observing. (70 O.S. § 24-152)
A. In order to educate students about the sacrifices made for freedom on behalf of this country and the values on which this country was founded, the date of November 11 is hereby designated “Veterans Day”, and the week in which November 11 falls is hereby designated “Celebrate Freedom Week” in and for the public schools of this state. In any year in which the date of November 11 is a Saturday or Sunday or classes are not in regular session, the public schools of this state shall observe the previous school day as “Veterans Day” as provided for in this section. For purposes of this subsection, Sunday shall be considered the first day of the week.
B. The board of education of each public school district shall ensure that each school in its district will on Veterans Day conduct and observe an appropriate program of at least one class period remembering and honoring American veterans. In addition, schools may choose, if scheduling allows, to have a one-minute moment of silence beginning at 11:00 a.m. on November 11 of each year. The benefit of such activity, in addition to honoring American veterans, is to serve to educate students about the termination of World War I at 11:00 a.m. on November 11, 1918, which was first recognized by United States President Woodrow Wilson on the first anniversary of the truce in a proclamation eulogizing fallen Allied soldiers and referring to November 11 as Armistice Day.
C. By December 31, 2007, the State Board of Education shall adopt rules which require each public school district in the state to include, as a part of a social studies class, during Celebrate Freedom Week or during another full school week as determined by the board of education, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the United States Constitution, including the Bill of Rights, in their historical contexts. The religious references in the writings of the founding fathers shall not be censored. The rules shall require the study of the Declaration of Independence to include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the United States Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.
D. The rules adopted by the State Board of Education pursuant to subsection C of this section shall also provide that during Celebrate Freedom Week or another week of instruction selected by the board of education, students in grades three through twelve study and recite the text quoted below:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
E. Students may be excused from the recitation of the text set forth in subsection D of this section, if:
1. The parent or guardian of the student submits to the school district a written request that the student be excused;
2. As determined by the school district, the student has a conscientious objection to the recitation; or
3. The student is the child of a representative of a foreign government to whom the United States government extends diplomatic immunity.
School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article XXII: Miscellaneous | Return to Top of Page
Section 517.0.2. Diplomas for World War II, Korean War, and Vietnam War Veterans. (70 O.S. § 24-153)
A. In order to recognize and pay tribute to veterans who left high school prior to graduation to serve in World War II, in the Korean War, or in the Vietnam War, a board of education of any independent school district in this state is hereby authorized to grant a diploma of graduation to any veteran who meets the requirements as listed in subsection B of this section. School districts are further encouraged to present such diplomas in conjunction with appropriate Veterans Day programs.
B. To be eligible for a high school diploma pursuant to this section, a veteran shall:
1. Have been honorably discharged from the Armed Forces of the United States of America;
2. Have served on active duty or have been discharged with a service-connected disability between the dates of September 16, 1940, and December 31, 1946, or between the dates of June 27, 1950, and January 31, 1955, or between the dates of May 13, 1961, and April 29, 1975; and
3. Be a resident of the State of Oklahoma.
C. The State Board of Education shall consult with the Department of Veterans Affairs in adopting rules to implement the provisions of this act.
Section 517.1. Education Flexible Benefits Allowance Act. (70 O.S. § 26-101)
Sections 26-101 through 26-105 of this title shall be known and may be cited as the “Larry Dickerson Education Flexible Benefits Allowance Act”.
Section 517.2. Purpose of Act. (70 O.S. § 26-102)
It is hereby declared that the purpose of the Larry Dickerson Education Flexible Benefits Allowance Act is:
1. To recognize that the employee benefit needs of individual school district employees differ, depending on the age, salary and family status of the employee, and that it is needful to permit such employees to select and tailor the benefits they receive in a manner calculated to best meet the particular needs of themselves and their families; and
2. To furnish school district employees with choices among various employee benefits or cash compensation.
Section 517.3. Definitions. (70 O.S. § 26-103)
1. “Benefit” means any of the benefits which may be purchased or are required to be purchased under the cafeteria plan;
2. “Cafeteria plan” means a benefit plan established pursuant to 26 U.S.C. Section 125;
3. “Flexible benefit allowance” means amounts credited by the school district for each school district employee for the purchase of benefits under the cafeteria plan;
4. “Support personnel” means full-time employees of a school district as determined by the standard period of labor which is customarily understood to constitute full-time employment for the type of services performed by the employees who are employed a minimum of six (6) hours per day for a minimum of one hundred seventy-two (172) days or a minimum of six (6) hours per day for a minimum of one thousand thirty-two (1,032) hours per year and who provide services not performed by certified personnel, which is necessary for the efficient and satisfactory functioning of a school district, and shall include cooks, janitors, maintenance personnel, bus drivers, noncertified or nonregistered nurses, noncertified librarians, and clerical employees of a school district but shall not include adult education instructors or adult coordinators employed by area technology center school districts;
5. “Plan year” means the twelve-month period established by the school district for the cafeteria plan;
6. “School district” means the public school districts and area technology center school districts of this state;
7. “School district employee” means certified or support personnel as defined in this act;
8. “Certified personnel” means a certified person employed on a full-time basis to serve as a teacher, principal, supervisor, administrator, counselor, librarian, or certified or registered nurse, but shall not mean a superintendent of a school district; and
9. “Self-insured” means a health care program in which the school district funds the benefit plans from its own resources without purchasing insurance and which may be administered by the school district or by an outside administrator under contract with the school district for administrative services. The State Board of Education shall prepare by May 1st of each year a list of each school district in the state that is self-insured and the number of support personnel and the number of certified personnel that are participating in each self-insured school district plan.
School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article XXII: Miscellaneous | Return to Top of Page
Section 517.4. Establishing and Funding of Cafeteria Plan. (70 O.S. § 26-104)
A. Each fiscal year, the Legislature shall appropriate adequate funding to the State Board of Education and the State Board of Career and Technology Education for the purpose of providing a flexible benefit allowance to school district employees pursuant to this act. Unless the Legislature appropriates adequate funding specifically for the purpose of providing a flexible benefit allowance to school district employees, the Oklahoma State Board of Education shall allocate from the funds appropriated to the Oklahoma State Board of Education for the support of public school activities an amount to fully fund the flexible benefit allowance, which shall occur first prior to allocating the funds for any other purpose. The amount appropriated for funding and disbursed to the school districts shall be calculated by multiplying the number of eligible school district employees employed by school districts which are participating in the health insurance plan offered by the State and Education Employees Group Insurance Board or are self-insured as counted in February of each year by the amount of the flexible benefit allowance credited to the eligible school employees as established in Section 26-105 of this title. Each Board shall disburse the total amount appropriated for funding the flexible benefit allowance to school districts during the fiscal year. From the total amount appropriated, each Board shall disburse the appropriate amounts, based on the number of eligible school district employees employed by that school district, to each school district.
B. Every school district shall establish or make available to school district employees a cafeteria plan pursuant to 26 U.S.C. Section 125 of the United States Code. The plan shall offer, as a benefit, major medical health care plan coverage.
C. The flexible benefit allowance amount established pursuant to Section 26-105 of this title shall be credited to each eligible school district employee. School district employees shall elect whether to use the flexible benefit allowance to pay for coverage in the health insurance plan offered by the State and Education Employees Group Insurance Board or the self-insured plan offered by the school district and may receive the excess flexible benefit allowance as taxable compensation as provided in Section 26-105 of this title.
D. The administrator of the cafeteria plan shall maintain a separate account for each participating school district employee. School districts shall forward the school district employee flexible benefit allowance amounts to the administrator for elected purchases of cafeteria plan benefits.
E. Expenses included in an employee's salary adjustment agreement pursuant to the cafeteria plan shall be limited to expenses for:
1. Premiums for any health insurance, health maintenance organization, life insurance, long term disability insurance, dental insurance or high deductible health benefit plan offered to employees and their dependents; and
2. All other eligible benefit programs offered under 26 U.S.C. Section 125 of the United States Code.
F. The flexible benefit allowance amount established in Section 26-105 of this title shall not be included as income in computation of state retirement contributions and benefits or as part of the Minimum Salary Schedule for teachers established in Section 18-114.12 of this title. School districts shall not consider the flexible benefit allowance amount as income for eligible support employees and thereby shall not reduce the salary of an eligible support employee.
The education flexible benefit allowance credited to a school district employee’s account is to be used exclusively for the purchase of employee benefits or paid as taxable compensation and may not be used otherwise. September 14, 2001 (AG Op. No. 01-37)
Section 517.5. Amount of Flexible Benefit Allowance. (70 O.S. § 26-105)
A. The flexible benefit allowance shall be used by a school district employee who is participating in the cafeteria plan to purchase major medical health care plan coverage offered by the school district through a cafeteria plan. Any excess flexible benefit allowance over the cost of the major medical coverage purchased by the employee who is participating in the cafeteria plan may be used to purchase any of the additional benefits offered by the school district or may be taken as taxable compensation as provided in subsection C of this section. Certified personnel who choose not to participate in the school-district-sponsored cafeteria plan shall receive Sixty-nine Dollars and seventy-one cents ($69.71) per month as taxable compensation in lieu of the flexible benefit allowance amount provided in subsection B of this section. Support personnel who choose not to participate in the school-district-sponsored cafeteria plan shall receive One Hundred Eighty-nine Dollars and sixty-nine cents ($189.69) per month as taxable compensation in lieu of the flexible benefit allowance amount provided in subsection B of this section.
B. Each eligible school district employee shall be credited annually with a specified amount as a flexible benefit allowance which shall be available for the purchase of benefits. The amount of the flexible benefit allowance credited to each eligible school district employee shall be communicated to the employee prior to the enrollment period for each plan year.
1. For the fiscal year ending June 30, 2002, the flexible benefit allowance amount for certified personnel shall be no less than Sixty-nine Dollars and seventy-one cents ($69.71) per month. For the fiscal year ending June 30, 2002, the flexible benefit allowance amount for support personnel shall be no less than One Hundred Eighty-nine Dollars and sixty-nine cents ($189.69) per month.
2. For the fiscal year ending June 30, 2004, the flexible benefit allowance amount for certified personnel shall be no less than fifty-eight percent (58%) of the premium amount for the HealthChoice (Hi) option plan for an individual offered by the State and Education Employees Group Insurance Board. For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the flexible benefit allowance amount for support personnel shall be no less than one hundred percent (100%) of the premium amount for the HealthChoice (Hi) option plan for an individual offered by the State and Education Employees Group Insurance Board.
3. For the fiscal year ending June 30, 2005, and each fiscal year thereafter, the flexible benefit allowance amount for certified personnel shall be no less than one hundred percent (100%) of the premium amount for the HealthChoice (Hi) option plan for an individual offered by the State and Education Employees Group Insurance Board.
C. If a school district employee who is participating in the cafeteria plan elects benefits whose sum total is less than the flexible benefit allowance, the employee shall receive any excess flexible benefit allowance as taxable compensation. Such taxable compensation shall be paid in substantially equal amounts each pay period over the plan year. Except as otherwise provided for in subsection D of this section, on termination during a plan year, a participating school district employee shall have no right to receive any taxable cash compensation allocated to the portion of the plan year after the termination of the employee.
D. In cases where the employee of a school district fulfills the terms of their contract and terminates employment for the subsequent year, the employee shall be entitled to the flexible benefit allowance for the remainder of the current benefit term. For purposes of this subsection, “benefit term” shall mean the twelve-month period after the initiation of benefits for the position held by the employee.
E. Each school district employee shall make an annual election of benefits under the plan during an enrollment period to be held prior to the beginning of each plan year. The enrollment period dates will be determined annually and will be announced by the school district, providing the enrollment period shall end no later than thirty (30) days before the beginning of the plan year. Each school district employee shall make an irrevocable advance election for the plan year or the remainder of the plan year pursuant to procedures the school district shall prescribe.
F. The school district shall prescribe the forms that school district employees shall be required to use in making their elections, and may prescribe deadlines and other procedures for filing the elections.
G. School district employees hired after the closing of the enrollment period shall be allowed to make an election as provided in this act.
H. A district board of education shall have the option of providing a flexible benefit allowance to the superintendent of the school district in an amount not more than the amount of the flexible benefit allowance established for certified personnel in subsection B of this section. Funding for the flexible benefit allowance for a superintendent shall be provided through local revenue.
A school district support employee who has opted to receive his or her entire flexible benefit allowance amount as taxable compensation is not entitled to receive the benefit allowance when the employee has exhausted all sick leave and is unable to work because the employee has performed no compensable services to earn the benefit allowance payment. February 6, 2003 (AG Op. No. 03-4).
For the fiscal year ending June 30, 2003, school districts are required to pay 75% of the cost of health care coverage of certified employees, reduced by the flexible benefit allowance. Such obligation is not dependent upon the amount of funding the school district receives from the State Department of Education. April 7, 2003 (AG Op. No. 03-15).
The education flexible benefit allowance credited to a school district employee’s account is to be used exclusively for the purchase of employee benefits or paid as taxable compensation and may not be used otherwise. September 14, 2001 (AG Op. No. 01-37)
Section 517.6. Larry Dickerson Flexible Benefits Allowance Act. (70 O.S. § 26-105.1)
The provisions of the Larry Dickerson Flexible Benefits Allowance Act shall apply to school districts participating in the Oklahoma State Education and Employees Group Insurance Board plan or school districts that are self-insured.
School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article XXII: Miscellaneous | Return to Top of Page
