PDF Oklahoma Compilation of School Discipline Laws and Regulations

[Pages:67]Oklahoma Compilation of School

Discipline Laws and Regulations

Prepared: March 31, 2021

Introduction

This compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories, and the District of Columbia, and, where available, links to education agency websites or resources related to school discipline and student conduct. The discipline laws and regulations presented in this compilation have been categorized by type of specific discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on school grounds). The school discipline laws and regulations were compiled through exhaustive searches of legislative websites that identified all laws and regulations relevant to each specific category. Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington D.C., and the U.S. territories.

Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate discipline category. Laws, ordered by chapter and section number, appear first within each category followed by regulations. All laws and regulations listed within categories in the compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures. Additional links to government websites or resources are provided at the end of this document.

Notes & Disclaimers

To the best of the preparer's knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and regulations reported in this document or to conduct further research.

For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center's website.

Prepared by:

Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814

EMT Associates, Inc. 1631 Creekside Drive Suite 100 Folsom, California 95630

Table of Contents

Oklahoma State Codes Cited ................................................................................................................... 1

Codes of Conduct ..................................................................................................................................... 4 Authority to Develop and Establish Codes of Conduct ............................................................................ 4 Scope ...................................................................................................................................................... 5 Communication of Policy......................................................................................................................... 6

In-School Discipline.................................................................................................................................. 8 Discipline Frameworks ............................................................................................................................ 8 Teacher Authority to Remove Students From Classrooms ................................................................... 10 Alternatives to Suspension.................................................................................................................... 10

Conditions on Use of Certain Forms of Discipline............................................................................... 12 Corporal Punishment ............................................................................................................................ 12 Search and Seizure............................................................................................................................... 13 Restraint and Seclusion ........................................................................................................................ 14

Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement.................................. 18 Grounds for Suspension or Expulsion ................................................................................................... 18 Limitations or Conditions on Exclusionary Discipline ............................................................................ 19 Due Process.......................................................................................................................................... 19 Return to School Following Removal .................................................................................................... 20 Alternative Placements ......................................................................................................................... 21

Discipline Addressing Specific Code of Conduct Violations .............................................................. 26 Firearms and Other Weapons Violations .............................................................................................. 26 Students with Chronic Disciplinary Issues............................................................................................. 27 Chronic Absenteeism and Truancy ....................................................................................................... 27 Substance Use...................................................................................................................................... 28 Gang-related Activity............................................................................................................................. 33 Bullying, Harassment, or Hazing ........................................................................................................... 34 Dating and Relationship Violence ......................................................................................................... 43

Prevention, Behavioral Intervention, and Supports............................................................................. 44 State Model Policies and Implementation Support................................................................................ 44 Multi-tiered Frameworks and Systems of Support................................................................................. 46 Prevention ............................................................................................................................................. 47 Social-emotional Learning (SEL)........................................................................................................... 47 Trauma-informed Practices ................................................................................................................... 49 Mental Health Literacy Training............................................................................................................. 50 School-based Behavioral Health Programs .......................................................................................... 50

Monitoring and Accountability .............................................................................................................. 51 Formal Incident Reporting of Conduct Violations .................................................................................. 51 Parental Notification .............................................................................................................................. 53 Data Collection, Review, and Reporting of Discipline Policies and Actions .......................................... 55

Partnerships between Schools and Law Enforcement........................................................................ 58 Referrals to Law Enforcement............................................................................................................... 58 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification .................. 59 Authorizations, Memoranda of Understanding (MOUs), and/or Funding............................................... 60 Threat Assessment Protocols ............................................................................................................... 60

State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .............. 61

Oklahoma State Codes Cited

Oklahoma Revised Statutes

Title 21. Crimes and Punishments

Chapter 30. Miscellaneous Offenses Against the Person

Child Abuse

? 844.

Ordinary force as means of discipline not prohibited

Chapter 48. Miscellaneous and General Provisions

? 1190.

Prohibition against hazing - Presumption - Penalty - Definition

Chapter 50. Tobacco

Chapter 53. Manufacture, Sale, and Wearing of Weapons

Oklahoma Firearms Act of 1971

Title 25. Definitions and General Provisions

Parents' Bill of Rights

? 2002. ? 2003.

Rights reserved to parents School district policy on parental involvement - Information to be provided to parents

Title 51. Officers

Chapter 5. The Governmental Tort Claims Act

? 155.

Exemptions from liability

Title 70. Schools

Chapter 1. School Code of 1971

Article III. State Department of Education

Student Data Accessibility, Transparency and Accountability Act of 2013

? 3-168.

Short title - Definitions - Purpose - Promulgation of rules

Article V. School Districts and Boards of Education

School District Transparency Act

? 5-118. ? 5-146.1.

Meetings of boards of education of school districts Reporting suspected gang activity - Immunity from liability

Article VI. Teachers

Support Personnel - Disciplinary Proceedings

? 6-113.1.

Effective classroom discipline techniques

Oklahoma Compilation of School Discipline Laws and Regulations

Page 1

Article VI-A. Teacher Licensure and Certification

Oklahoma Teacher Preparation Act

? 6-185.

Incorporation of competencies and methods into programs approved for teacher preparation for competency-based teacher preparation system - Legislative intent

Article VIII. Transfer of Pupils

Article X. School Population and Attendance

? 10-106.

Records of attendance of pupil - Report of absence

Article XXIV. Miscellaneous Provisions

? 24-100.1. School violence prevention

School Safety and Bullying Prevention Act

? 24-100.2. ? 24-100.3. ? 24-100.4. ? 24-100.5. ? 24-100.6. ? 24-100.7. ? 24-100.8 ? 24-101.3. ? 24-102. ? 24-120. ? 24-132. ? 24-132.1. ? 24-138.

Short title Purpose and definitions Control and discipline of child Legislative intent - Safe school committee - Applicability Separation of victim and offender Suicide awareness and prevention Threatening behavior-Notification of law enforcement-Good faith immunity from discipline Out-of-school suspensions - Right to appeal Pupils - Dangerous weapons - Dangerous substances Truancy - Reports to Department of Public Welfare - Withholding of assistance payments Reporting students under influence of certain prohibited substances - Civil immunity Duty to report unauthorized firearm and to deliver seized weapon to law enforcement Students under the influence of certain prohibited substances - Reporting - Written policy

Chapter 16A - 24/7 Tobacco-free Schools Act

? 1210.212. ? 1210.213.

Definitions Use of tobacco products prohibited in educational facilities, school vehicles, and at school-sponsored events

Chapter 17. Drug Abuse Education Act of 1972

Oklahoma Alcohol and Drug Abuse Prevention and Life Skills Education Act

? 1210.229-2. ? 1210.229-3. ? 1210.229-5.

? 1210.229-6.

Findings and intent of legislature Definitions Duties of State Superintendent of Public Instruction, State Department of Education, and Oklahoma drug and alcohol abuse policy board - Distribution of information or reports Final determination of materials and curriculum Program of character education - Grants for establishment of pilot projects

Chapter 22A. High Challenge Children and Youth

? 1210.568. Statewide system of alternative education programs rules and regulations

Oklahoma Compilation of School Discipline Laws and Regulations

Page 2

Oklahoma Regulations

Oklahoma Administrative Code

Title 210. State Department of Education

Chapter 1. State Board of Education

Subchapter 3. Departmental Precepts

210:1-3-8.1. Student Data Accessibility, Transparency and Accountability Act

Chapter 10. School Administration and Instructional Services

Subchapter 1. General Provisions

210:10-1-20. Implementation of policies prohibiting bullying

Chapter 15. Curriculum and Instruction

Subchapter 13. Special Education

210:15-13-9. Guidelines for minimizing seclusion and restraint of students

Subchapter 26. Tobacco Use Prevention and Cessation School Program

210:15-26-1. 210:15-26-2. 210:15-26-3. 210:15-26-6.

Purpose Program cornerstones Use of funds Awarding of grants

Chapter 35. Standards for Accreditation of Elementary, Middle Level, Secondary, and Career Technology Schools

Subchapter 3. Standards for Elementary, Middle Level, Secondary, and Career and Technology Schools

Part 7. Standard IV: Curriculum, Instruction, Assessment, and Climate

210:35-3-69. Climate

Subchapter 29. Alternative Education Academies, Programs, and Schools

210:35-29-2. Definitions 210:35-29-8. Requirements for alternative education programs

Chapter 40. Grants and Programs-in-Aid

Subchapter 91. Comprehensive Statewide School District Character Education Grants

210:40-91-1. 210:40-91-2.

210:40-91-3. 210:40-91-4.

Purpose Procedures for solicitation, determination of eligibility, and acceptance of applications for districtwide comprehensive character education programs Procedures for evaluation and recommendation of eligible grant applications Procedures for awarding grants

Oklahoma Compilation of School Discipline Laws and Regulations

Page 3

Codes of Conduct

Authority to Develop and Establish Codes of Conduct

LAWS

?24-100.4. Control and discipline of child. A. Each district board of education shall adopt a policy for the discipline of all children attending public school in that district, and for the investigation of reported incidents of bullying. The policy shall provide options for the discipline of the students and shall define standards of conduct to which students are expected to conform. [...] B. In developing the policy, the district board of education shall make an effort to involve the teachers, parents, administrators, school staff, school volunteers, community representatives, local law enforcement agencies and students. 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. The school district policy shall be implemented in a manner that is ongoing throughout the school year and is integrated with other violence prevention efforts.

?24-101.3. Out-of-school suspensions - Right to appeal. 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.

REGULATIONS

210:10-1-20. Implementation of policies prohibiting bullying. (a) Purpose. Bullying has a negative effect on the social environment of schools, creates a climate of fear among students, inhibits the ability to learn, and leads to other antisocial behavior. Other detrimental effects of bullying include impact on school safety, student engagement, and the overall school environment. Successful school programs recognize, prevent, effectively identify, and intervene in incidents involving harassment, intimidation and bullying behavior. Schools that implement these programs have improved safety and create a more inclusive learning environment. The purpose of the Oklahoma School Bullying Prevention Act, 70 O.S. ? 24-100.2, et seq., is to provide a comprehensive approach for public schools to create an environment free of unnecessary disruption which is conducive to the learning process by implementing policies for the prevention of bullying. [...] (e) Policy Development. In developing a district policy, each district board of education shall make an effort to involve teachers, parents, and students. 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 the adoption of the policy and shall receive a copy upon request.

Oklahoma Compilation of School Discipline Laws and Regulations

Page 4

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download