Okla. Stat. tit. 70, § 24

Repealed by Laws 1949, p. 607, art. 20, § 9. §70-24-100. Renumbered as § 24-100.5 of this title by Laws 2002, c. 149, § 5, eff. Nov. 1, 2002. §70-24-100.1. Prevention of violence services. 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 social 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. Added by Laws 2000, c. 34, § 1, eff. July 1, 2000. §70-24-100.2. Short title - School Safety and Bullying Prevention Act. Sections 24-100.2 through 24-100.5 of this title shall be known and may be cited as the "School Safety and Bullying Prevention Act". Added by Laws 2002, c. 149, § 1, eff. Nov. 1, 2002. Amended by Laws 2013, c. 311, § 1. §70-24-100.3. School Safety and Bullying Prevention Act - Definitions. A. As used in the School Safety and Bullying Prevention Act: 1. "Bullying" means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication directed toward a student or group of students that results in or is reasonably perceived as being done with the intent to cause negative educational or physical results for the targeted individual or group and is communicated in such a way as to disrupt or interfere with the school's educational mission or the education of any student; 2. "At school" means on school grounds, in school vehicles, at school-sponsored activities, or at school-sanctioned events; 3. "Electronic communication" means the communication of any written, verbal, pictorial information or video content by means of an electronic device, including, but not limited to, a telephone, a mobile or 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. B. Nothing in this act shall be construed to impose a specific liability on any school district. Added by Laws 2002, c. 149, § 2, eff. Nov. 1, 2002. Amended by Laws 2008, c. 216, § 5, eff. Nov. 1, 2008; Laws 2013, c. 311, § 2. §70-24-100.4. School Safety and Bullying Prevention Act - Discipline of child - Prohibition of bullying at school and online - Policy requirements. A. Each school 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. The policy shall: 1. Specifically address bullying by students at school and by electronic communication, if the communication is specifically directed at students or school personnel and concerns bullying at school; 2. Contain a procedure for reporting an act of bullying to a school official or law enforcement agency, including a provision that permits a person to report an act anonymously. No formal disciplinary action shall be taken solely on the basis of an anonymous report; 3. Contain a requirement that any school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall immediately report it to the principal or a designee of the principal; 4. Contain a statement of how the policy is to be publicized including a requirement that: a. an annual written notice of the policy be provided to parents, guardians, staff, volunteers and students, with age-appropriate language for students, b. notice of the policy be posted at various locations within each school site, including but not limited to cafeterias, school bulletin boards, and administration offices, c. the policy be posted on the Internet website for the school district and each school site that has an Internet website, and d. the policy be included in all student and employee handbooks; 5. Require that appropriate school district personnel involved in investigating reports of bullying make a determination regarding whether the conduct is actually occurring; 6. Contain a procedure for providing timely notification to the parents or guardians of a victim of documented and verified bullying and to the parents or guardians of the perpetrator of the documented and verified bullying; 7. Identify by job title the school official responsible for enforcing the policy; 8. Contain procedures for reporting to law enforcement all documented and verified acts of bullying which may constitute criminal activity or reasonably have the potential to endanger school safety; 9. Require training for administrators and school employees as developed and provided by the State Department of Education in preventing, identifying, responding to and reporting incidents of bullying. The training shall be completed the first year an administrator or school employee is employed by a school district, and then once every fifth academic year; 10. Provide for an educational program as designed and developed by the State Department of Education and in consultation with the Office of Juvenile Affairs for students and parents in preventing, identifying, responding to and reporting incidents of bullying; 11. Establish a procedure for referral of a person who commits an act of bullying to a delinquency prevention and diversion program administered by the Office of Juvenile Affairs; 12. Address prevention by providing: a. consequences and remedial action for a person who commits an act of bullying, b. consequences and remedial action for a student found to have falsely accused another as a means of retaliation, reprisal or as a means of bullying, and c. a strategy for providing counseling or referral to appropriate services, including guidance, academic intervention, and other protection for students, both targets and perpetrators, and family members affected by bullying, as necessary; 13. Establish a procedure for: a. the investigation, determination and documentation of all incidents of bullying reported to school officials, b. identifying the principal or a designee of the principal as the person responsible for investigating incidents of bullying, c. reporting the number of incidents of bullying, and d. determining the severity of the incidents and their potential to result in future violence; 14. Establish a procedure whereby, upon completing an investigation of bullying, a school may recommend that available community mental health care, substance abuse or other counseling options be provided to the student, if appropriate; and 15. Establish a procedure whereby a school may request the disclosure of any information concerning students who have received mental health, substance abuse, or other care pursuant to paragraph 14 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. 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. C. 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. D. 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. E. 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. F. The board of education of each school district in this state shall have the option of adopting a procedure that requires students to perform campus-site service for violating the district's policy. G. The State Board of Education shall: 1. Promulgate rules for periodically monitoring school districts for compliance with this section and providing sanctions for noncompliance with this section; 2. Establish and maintain a central repository for the collection of information regarding documented and verified incidents of bullying; and 3. Publish a report annually on the State Department of Education website regarding the number of documented and verified incidents of bullying in the public schools in the state. Added by Laws 1971, c. 281, § 6-114, eff. July 2, 1971. Amended by Laws 1982, c. 326, § 2; Laws 1985, c. 329, § 13, emerg. eff. July 30, 1985; Laws 1995, c. 241, § 2, eff. July 1, 1995; Laws 1999, c. 320, § 34, eff. July 1, 1999; Laws 2000, c. 232, § 11, eff. July 1, 2000; Laws 2002, c. 149, § 3, eff. Nov. 1, 2002. Renumbered from § 6-114 of this title by Laws 2002, c. 149, § 5, eff. Nov. 1, 2002. Amended by Laws 2008, c. 216, § 6, eff. Nov. 1, 2008; Laws 2013, c. 311, § 3; Laws 2014, c. 345, § 2, eff. Nov. 1, 2014; Laws 2016, c. 277, § 1; Laws 2023, c. 15, § 6, eff. July 1, 2023. §70-24-100.5. Safe School Committees - Model policy. A. Every year 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 teachers, parents of enrolled students, students, and a school official who participates in the investigation of reports of bullying as required by subsection A of Section 24-100.4 of this title. The Committee may include administrators, school staff, school volunteers, community representatives, and local law enforcement agencies. The Committee shall assist the school board in promoting a positive school climate through planning, implementing and evaluating effective prevention, readiness and response strategies, including the policy required by 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, faculty and staff to avoid physical and emotional harm at school, student victimization, crime prevention, school violence, and other issues which prohibit the maintenance of a safe school; 2. Student bullying as defined in Section 24-100.3 of this title; 3. Professional development needs of faculty and staff to recognize and implement methods to decrease student bullying; 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 and resources that include counselors and other behavioral health and suicide prevention resources within or outside the school system; and 5. Professional development needs of faculty and staff to recognize and report suspected human trafficking. In its considerations, the Safe School Committee shall review the district policy for the prevention of bullying and the list of research-based programs appropriate for the prevention of bullying of students at school compiled by the State Department of Education. In addition, the Committee may review traditional and accepted bullying prevention programs utilized by other states, state agencies, or school districts. C. The Safe School Committee may study and make recommendations to the school district board of education regarding the development of a rape or sexual assault response program that may be implemented at the school site. D. The State Department of Education shall: 1. Develop a model policy and deliver training materials to all school districts on the components that should be included in a school district policy for the prevention of bullying; and 2. Compile and distribute to each public school site, prominently display on the State Department of Education website and annually publicize in print media a list of research-based programs appropriate for the prevention of bullying of students. If a school district implements a commercial bullying prevention program, it shall use a program listed by the State Department of Education. E. The provisions of this section shall not apply to technology center schools. Added by Laws 1996, c. 252, § 1, eff. July 1, 1996. Amended by Laws 2001, c. 33, § 120, eff. July 1, 2001; Laws 2002, c. 149, § 4, eff. Nov. 1, 2002. Renumbered from § 24-100 of this title by Laws 2002, c. 149, § 5, eff. Nov. 1, 2002. Amended by Laws 2008, c. 216, § 7, eff. Nov. 1, 2008; Laws 2013, c. 311, § 4; Laws 2015, c. 246, § 2, eff. Nov. 1, 2015; Laws 2019, c. 285, § 1, eff. July 1, 2019. §70-24-100.6. Right of student victims to be separated from offender - Notice to school district of juvenile sex offender identity - School attendance of juvenile sex offender. 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. Added by Laws 2007, c. 164, § 1, eff. July 1, 2007. §70-24-100.7. Suicide awareness and drug abuse policies - Immunity from employment discipline and civil liability - Cause of action limitations - Duty to notify parents or legal guardians. A. The board of education of each school district in this state shall adopt a policy regarding suicide awareness and training, requiring staff training and the reporting of student drug abuse. B. The board of education of each school district in this state shall provide training to all staff members in their first year employed by the school district, and then no less than once every fifth academic year, addressing suicide awareness and prevention. The Department of Mental Health and Substance Abuse Services shall make available to school districts’ curriculum for staff which addresses suicide awareness and prevention, without cost to the school districts. The course outline for the curriculum shall be made available to the public online through the school district website. Beginning with the 2021-2022 school year, every school district shall: 1. Provide a suicide prevention training program which includes as a core element evidence-based approaches; 2. Provide the curriculum made available by the Department of Mental Health and Substance Abuse Services; or 3. Provide a suicide prevention training program that is selected by the school district from a list maintained by the Department of Mental Health and Substance Abuse Services to school district staff that addresses suicide awareness and prevention. The training program may be combined with any other training provided by the school district addressing bullying prevention. C. Beginning with the 2022-2023 school year, the board of education of each school district may provide training to address suicide awareness and prevention to students in grades seven through twelve. D. Teachers, counselors, principals, administrators and other school personnel shall be immune from employment discipline and any civil liability for: 1. Calling the 9-1-1 emergency telephone number, law enforcement or the Department of Human Services if they believe a student poses a threat to themselves or others or if a student has committed or been the victim of a violent act or threat of a violent act; 2. Providing referral, emergency medical care or other assistance offered in good faith to a student or other youth; or 3. Communicating information in good faith concerning drug or alcohol abuse or a potential safety threat by or to any student to the parents or legal guardians of the student, law enforcement officers or health care providers. E. No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of this section or resulting from any training, or lack thereof, required by this section, unless the loss or damage was caused by willful or wanton misconduct. F. The training required pursuant to this section, or the lack thereof, shall not be construed to impose any specific duty of care. G. The board of education of each school district may enter into agreements with designated youth services agencies for the provision of intervention and prevention services. H. Teachers, counselors, principals, administrators or other school personnel, upon determining that a student is at risk of attempting suicide, shall notify the parents or legal guardians of the student immediately upon determining that such risk exists. Added by Laws 2014, c. 333, § 1, emerg. eff. May 28, 2014. Amended by Laws 2021, c. 168, § 1, eff. July 1, 2021; Laws 2023, c. 15, § 7, eff. July 1, 2023; Laws 2024, c. 335, § 1, eff. July 1, 2024. §70-24-100.8. Duty for school officers and employees to notify law enforcement of verbal threats or threatening behavior - Immunity from discipline and liability. A. As used in this section, "threatening behavior" means any verbal threat or threatening behavior, whether or not it is directed at another person, which indicates potential for future harm to students, school personnel or school property. B. An officer or employee of a school district or member of a board of education shall notify law enforcement of any verbal threat or act of threatening behavior which reasonably may have the potential to endanger students, school personnel or school property. C. Officers or employees of a school district or members of a board of education shall be immune from employment discipline and any civil liability for communicating information pursuant to subsection B of this section in good faith if they reasonably believe a person is making verbal threats or is exhibiting threatening behavior. D. Nothing in this section shall be construed to impose a specific liability on any school district. Added by Laws 2018, c. 323, § 1, eff. July 1, 2018. §70-24-100.10. Student identification cards - National Suicide Prevention Lifeline and Crisis Text Line numbers. A. Beginning July 1, 2023, school districts and charter schools that serve any students in grades seven through twelve and issue student identification cards shall have printed on either side of the student identification cards the telephone number described in paragraph 1 of this subsection and may have printed on either side of the student identification cards the telephone number described in paragraph 2 of this subsection: 1. The National Suicide Prevention Lifeline, which can be accessed by calling or texting 988; and 2. The Crisis Text Line, which can be accessed by texting HOME to 741741. B. It is the intent of the Legislature that beginning July 1, 2023, institutions within The Oklahoma State System of Higher Education and private institutions of higher education in the state that issue student identification cards may print on either side of the student identification cards the telephone numbers described in paragraphs 1, 2, and 3 of this subsection: 1. The National Suicide Prevention Lifeline, which can be accessed by calling or texting 988; 2. The Crisis Text Line, which can be accessed by texting HOME to 741741; and 3. The campus police or security telephone number or, if the campus does not have a campus police or security telephone number, the local nonemergency telephone number. C. If a school district or charter school subject to the provisions of subsection A of this section or an institution of higher education subject to the provisions of subsection B of this section has a supply of unissued student identification cards that do not comply with subsections A and B of this section, as applicable, as of July 1, 2023, the school or institution of higher education may issue the non-compliant student identification cards until the supply is depleted. D. Subsections A and B of this section shall apply to a student identification card issued for the first time to a student and to a student identification card issued to replace a damaged or lost student identification card. Added by Laws 2022, c. 40, § 1, eff. Nov. 1, 2022. §70-24-100a. Healthy and Fit Kids Act of 2004 - Short title. 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. Implementation of Sections 1 through 3 of this act; 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. Added by Laws 2004, c. 357, § 1, eff. Sept. 1, 2004. Amended by Laws 2005, c. 45, § 2, eff. July 1, 2007; Laws 2021, c. 345, § 5, eff. July 1, 2021. §70-24-100b. Health and wellness information and assistance for schools - Assessment and monitoring of programs. 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. Added by Laws 2006, c. 91, § 1, eff. Nov. 1, 2006. §70-24-100c. Physical fitness assessment software program - Pilot schools. 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. Added by Laws 2008, c. 342, § 1, eff. July 1, 2008. §70-24-100d. School Health Coordinators Pilot Program - Time period for program - Responsibilities of health coordinators - Steering committee - Annual evaluation - Rules. 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. Added by Laws 2008, c. 419, § 1, eff. July 1, 2008. NOTE: Editorially renumbered from § 24-100c of this title to avoid duplication in numbering. §70-24-101. Repealed by Laws 1997, c. 350, § 8, eff. July 1, 1997. §70-24-101.1. Wireless telecommunication devices - Rules prohibiting. 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. Added by Laws 1989, c. 105, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 350, § 2, eff. July 1, 1997; Laws 2001, c. 206, § 1, eff. July 1, 2001. §70-24-101.2. Repealed by Laws 1997, c. 350, § 8, eff. July 1, 1997. §70-24-101.3. Out-of-school suspensions. 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. 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 c. possession of a dangerous weapon or a controlled dangerous substance while on or within two thousand (2,000) feet of public school property, or at a school event, 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 6-146 of this title 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 and b 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. 1. No public school of this state shall be required to provide education services in the regular school setting to any student who has been: a. adjudicated as a delinquent for an offense defined as a violent crime in Section 571 of Title 57 of the Oklahoma Statutes, b. convicted as an adult of an offense defined as a violent crime in Section 571 of Title 57 of the Oklahoma Statutes, c. 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, d. suspended as provided for in paragraph 3 of subsection C of this section, or e. has been removed from a public or private school in the state or another state by administrative or judicial process for an act of using electronic communication, as defined in Section 24-100.3 of this title, with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to faculty or other students. 2. The school in which a student as described in paragraph 1 of this subsection is subsequently enrolled may elect to not provide education services in the regular school setting until the school 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 the student at a district school facility, the school shall notify any student or school district faculty or employee victims of the 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 the 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. At its discretion, a school district may require a student guilty of acts listed in subparagraph a or b of paragraph 1 of subsection C of this section to complete intervention and prevention programs as provided by designated Youth Service Agencies, if available. J. No school board, administrator or teacher may be held civilly liable for any action taken in good faith which is authorized by this section. Added by Laws 1997, c. 350, § 1, eff. July 1, 1997. Amended by Laws 1998, c. 154, § 1, emerg. eff. April 28, 1998; Laws 1999, c. 112, § 1, eff. July 1, 1999; Laws 2001, c. 206, § 2, eff. July 1, 2001; Laws 2003, c. 182, § 1, emerg. eff. May 6, 2003; Laws 2006, c. 210, § 2, eff. July 1, 2006; Laws 2009, c. 228, § 84, eff. Nov. 1, 2009; Laws 2013, c. 404, § 26, eff. Nov. 1, 2013; Laws 2015, c. 397, § 6, eff. Nov. 1, 2015; Laws 2016, c. 90, § 1, eff. July 1, 2016. NOTE: Laws 2009, c. 98, § 11 repealed by Laws 2010, c. 2, § 87, emerg. eff. March 3, 2010. §70-24-101.4. Disclosure of disciplinary and nondirectory educational records. 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. Added by Laws 1997, c. 350, § 4, eff. July 1, 1997. Amended by Laws 1999, c. 102, § 1, eff. July 1, 1999; Laws 2000, c. 186, § 1, eff. July 1, 2000. §70-24-102. Pupils - Searches. A. The superintendent, 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 the 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, controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, alcoholic beverages, as defined in the Oklahoma Alcoholic Beverage Control Act, or for missing or stolen property if the property is 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. B. 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, shoes, and hand and head coverings, except religious head coverings, shall be removed prior to or during the conduct of any warrantless search. C. The superintendent, 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, controlled dangerous substances, alcoholic beverages, or missing or stolen property that might be in the pupil's possession including the authority to authorize any other persons they deem necessary to restrain such pupil or to preserve any dangerous weapons, controlled dangerous substances, alcoholic beverages, 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. D. 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. E. The superintendent may designate school personnel to transport items preserved as provided for in subsection C of this section from a school site to a centralized location within the school district or to local law enforcement offices for lawful disposal. While in transport, the designated school personnel shall carry their school identification and a letter from the superintendent confirming their authority to transport the items for disposal. All items transported for disposal pursuant to this subsection shall be transported in a locked container. Added by Laws 1971, c. 281, § 24-102, eff. July 2, 1971. Amended by Laws 1973, c. 118, § 2, emerg. eff. May 4, 1973; Laws 1987, c. 115, § 1, eff. Nov. 1, 1987; Laws 1989, c. 105, § 2, eff. Nov. 1, 1989; Laws 1995, c. 274, § 53, eff. Nov. 1, 1995; Laws 1997, c. 350, § 3, eff. July 1, 1997; Laws 2001, c. 206, § 3, eff. July 1, 2001; Laws 2023, c. 242, § 1, eff. Nov. 1, 2023. §70-24-103. Bribes in connection with school bonds and school supplies. 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. Laws 1971, c. 281, § 24-103, eff. July 2, 1971; Laws 1993, c. 239, § 48, eff. July 1, 1993. §70-24-104. Payment or tender of money or property - Unlawful when. 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. Laws 1971, c. 281, § 24-104, eff. July 2, 1971; Laws 1993, c. 239, § 49, eff. July 1, 1993. §70-24-104.1. Soliciting, taking, retaining or receiving mental health referral fee. 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 that provider or facility for treatment. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. Added by Laws 1992, c. 41, § 1, eff. Sept. 1, 1992. §70-24-104.2. Offering, tendering to pay or delivering mental health referral fee. 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. Added by Laws 1992, c. 41, § 2, eff. Sept. 1, 1992. §70-24-105. Student clubs and organizations - Regulation - Notifications. 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. Added by Laws 1971, c. 281, § 24-105, eff. July 2, 1971. Amended by Laws 2009, c. 118, § 1, eff. Nov. 1, 2009. §70-24-106. United States flag - Display - Instruction in history and etiquette - Pledge of allegiance. 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 in all public schools 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; however, they shall recite the pledge of allegiance to the flag of the United States of America once every school week. 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. Added by Laws 1971, c. 281, § 24-106, eff. July 2, 1971. Amended by Laws 2001, c. 250, § 2, eff. July 1, 2001; Laws 2014, c. 225, § 1, eff. July 1, 2014. §70-24-106.1. Classroom display - Motto of the United States of America - Classroom use of founding documents. 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. Added by Laws 2004, c. 197, § 4, eff. July 1, 2004. Amended by Laws 2009, c. 100, § 1, eff. July 1, 2009. §70-24-107. Arbor Day. The Friday following the second Monday in February of each year shall be known throughout Oklahoma as Arbor Day. Added by Laws 1971, c. 281, § 24-107, eff. July 2, 1971. §70-24-108. Repealed by Laws 2004, c. 361, § 34, eff. July 1, 2004. §70-24-109. Oklahoma Statehood Day - November 16. 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. Added by Laws 1971, c. 281, § 24-109, eff. July 2, 1971. §70-24-110. Oklahoma Statehood Day - Program for. 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. Amended by Laws 1982, c. 326, § 4. §70-24-111. Repealed by Laws 2007, c. 83, § 2, eff. July 1, 2007. §70-24-112. Repealed by Laws 2007, c. 83, § 2, eff. July 1, 2007. §70-24-113. Rules and regulations to be adopted by State Board of Education. 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. Added by Laws 1971, c. 281, § 24-113, eff. July 2, 1971. §70-24-114. Student records and transcripts - Storage and disposal. A. The board of education of each school district in Oklahoma shall compile and maintain both temporary and permanent records of students enrolled in the district and regulate access, disclosure or communication of information contained in the student records in a manner consistent with state and federal law. B. School districts may store all documents and information in student records either electronically or in paper format, and either in a single- or multiple-file format. Records shall be stored, backed up and secured in accordance with standards and protocol developed by the State Board of Education. C. The transcript of a student shall be maintained by the school district for not less than eighty (80) years following the graduation, transfer or withdrawal from the district of the student. For purposes of this subsection, "transcript" means the permanent academic record of a student and shall include the name, address, telephone listing and date and place of birth of the student, an inventory of courses taken, all grades received, grade-point averages and/or class rank, and may include all academic and extracurricular honors and awards received, all degrees conferred and extracurricular or after-school activities. D. Except for the transcript records as defined in subsection C of this section, school districts shall dispose of information in a student record at a time selected by the district that is between five (5) years and seven (7) years after the student has graduated, transferred or withdrawn from the district. The State Board of Education shall promulgate rules regarding notification to parents or guardians of a student or the student if he or she is eighteen (18) years of age or older of destruction of the records. Added by Laws 1971, c. 281, § 24-114, eff. July 2, 1971. Amended by Laws 1993, c. 239, § 50, eff. July 1, 1993; Laws 2016, c. 314, § 1, eff. July 1, 2016; Laws 2017, c. 56, § 1, eff. July 1, 2017. §70-24-114.1. Retention of child in present grade level - Appeal. 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. Added by Laws 1989, 1st Ex. Sess., c. 2, § 66, emerg. eff. April 25, 1990. Amended by Laws 1995, c. 109, § 1, eff. July 1, 1995. §70-24-115. Storm and fallout shelters. 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. Added by Laws 1971, c. 281, § 24-115, eff. July 2, 1971. §70-24-116. High school diplomas - Issued on 30 hours college work. 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. Added by Laws 1971, c. 281, § 24-116, eff. July 2, 1971. §70-24-117. Safety goggles - School board to provide for certain personnel. 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. Added by Laws 1971, c. 281, § 24-117, eff. July 2, 1971. §70-24-118. Respirators - School board to provide for certain teachers and students. 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. Added by Laws 1971, c. 281, § 24-118, eff. July 2, 1971. §70-24-119. Ethnic and racial history coverage. 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. Amended by Laws 1982, c. 326, § 6; Laws 1991, c. 233, § 2, eff. July 1, 1991. §70-24-120. Truancy - Reports to Department of Human Services - Withholding of assistance payments. 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 a 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. E. Beginning with the 2019-2020 school year, district attorneys shall submit to the Office of Child Abuse Prevention annual reports detailing the instances in which students were convicted of truancy pursuant to the provisions of this section. The reports shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA). Added by Laws 1971, c. 281, § 24-120, eff. July 2, 1971. Amended by Laws 1992, c. 291, § 5, eff. Sept. 1, 1992; Laws 1995, c. 346, § 12, eff. July 1, 1995; Laws 2019, c. 377, § 2, eff. July 1, 2019. §70-24-120.1. Reports on chronic absenteeism and exchange of data. A. Beginning with the 2019-2020 school year, the State Department of Education shall submit to the Office of Child Abuse Prevention the student and school data on chronic absenteeism. B. The State Department of Education in collaboration with the Office of Child Abuse Prevention shall establish a procedure for the exchange of information to comply with the Family Educational Rights and Privacy Act of 1974 (FERPA). C. The Office of Child Abuse Prevention or staff within the State Department of Health shall review the reports provided pursuant to this section and, when appropriate and if resources are available, provide an assessment of the family to determine if services should be offered or a referral for services should be made. D. The State Board of Education shall supply Child Welfare Services of the Department of Human Services with access to identifying information and updated and accurate school attendance reports of individuals with documented developmental disabilities. The State Board of Education and Child Welfare Services shall establish a procedure for the exchange of information required by this subsection. Added by Laws 2019, c. 377, § 3, eff. July 1, 2019. §70-24-121. Safety belts for school bus drivers. No vehicle shall be used by any school district within this state for the transportation of school children 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 by 49 C.F.R., Part 571, and the 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). Added by Laws 1971, c. 281, § 24-121, eff. July 2, 1971. Amended by Laws 2002, c. 397, § 33, eff. Nov. 1, 2002. §70-24-122. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-123. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-124. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-125. Effect of headings. 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. Added by Laws 1971, c. 281, § 24-125, eff. July 2, 1971. §70-24-126. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989. §70-24-127. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-128. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-129. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-24-130. Jim Thorpe Day. 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. Added by Laws 1972, c. 65, § 1, emerg. eff. March 28, 1972. §70-24-131. Orders to leave school buildings and grounds. 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 where students are present, including an 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. Added by Laws 1973, c. 145, § 1, emerg. eff. May 14, 1973. Amended by Laws 2012, c. 143, § 1, eff. Nov. 1, 2012. §70-24-131.1. Definitions. As used in Section 2 of this act: 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. Added by Laws 1995, c. 129, § 1, eff. Nov. 1, 1995. §70-24-131.2. Orders to leave athletic events. 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. Added by Laws 1995, c. 129, § 2, eff. Nov. 1, 1995. §70-24-132. Reporting of students under influence of certain prohibited substances - Civil immunity - Delivery of found substances to proper authority. 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, 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. Added by Laws 1981, c. 109, § 1, emerg. eff. April 24, 1981. Amended by Laws 1987, c. 115, § 2, eff. Nov. 1, 1987; Laws 1995, c. 274, § 54, eff. Nov. 1, 1995; Laws 2001, c. 225, § 9, eff. July 1, 2001. §70-24-132.1. Delivery of confiscated firearms to proper authorities. A. Pursuant to the requirements of Section 1271.1 of Title 21 of the Oklahoma Statutes, every school authority shall immediately report the discovery of a firearm not otherwise authorized by law to be possessed to a law enforcement authority and deliver any weapon or firearm, removed or otherwise seized from any minor, to a law enforcement authority for appropriate disposition. B. Every school authority shall also immediately report to a law enforcement authority the discovery of a firearm upon a student that is not a minor or upon any other person not otherwise authorized by law to possess a firearm on school property pursuant to Section 1280.1 of Title 21 of the Oklahoma Statutes and deliver any weapon or firearm that is removed or seized to a law enforcement authority for disposition pursuant to Section 1271.1 of Title 21 of the Oklahoma Statutes. Added by Laws 2001, c. 225, § 10, eff. July 1, 2001. Amended by Laws 2013, c. 56, § 1, eff. July 1, 2013. §70-24-133. Renumbered as § 6-101.40 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-134. Renumbered as § 6-101.43 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-135. Renumbered as § 6-101.44 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-135.1. Renumbered as § 6-101.45 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-136. Renumbered as § 6-101.46 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-137. Renumbered as § 6-101.47 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990. §70-24-138. Reporting students under influence of certain substances - Civil liability - Written policy. 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, 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. Added by Laws 1981, c. 168, § 1, eff. July 1, 1981. Amended by Laws 1985, c. 121, § 1; Laws 1987, c. 115, § 3, eff. Nov. 1, 1987; Laws 1995, c. 274, § 55, eff. Nov. 1, 1995. §70-24-139. Repealed by Laws 1985, c. 50, § 2, eff. Jan. 1, 1986. §70-24-140. School district administrators and principals - Leadership skills and development programs. The State Board of Education shall study programs designed to develop leadership skills for school district administrators and principals which utilize 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. Added by Laws 1989, 1st Ex.Sess., c. 2, § 55, emerg. eff. April 25, 1990. §70-24-150. Sports competition - Equal employment opportunity for officials, referees and other individuals. 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 race, 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. Added by Laws 1992, c. 194, § 2. §70-24-151. Coordination of spring break dates - Legislative intent. 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. Added by Laws 2000, c. 232, § 22, eff. July 1, 2000. §70-24-152. Veterans Day and Celebrate Freedom Week in public schools - Instruction on Declaration of Independence and U.S. Constitution. 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, grade-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 appropriate grade level 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, the women's suffrage movement, and the civil rights movement and the passage of civil rights legislation. D. The rules adopted by the State Board of Education pursuant to subsection C of this section shall establish different levels of content and rigor of the subject matter required to be covered during Celebrate Freedom Week that is appropriate for the different grade levels and that meet state and national standards. E. 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." F. 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. Added by Laws 2001, c. 250, § 1, eff. July 1, 2001. Amended by Laws 2007, c. 83, § 1, eff. July 1, 2007; Laws 2008, c. 90, § 1, eff. July 1, 2008. §70-24-153. Granting of high school diplomas to certain veterans. 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. Added by Laws 2001, c. 157, § 1, eff. July 1, 2001. Amended by Laws 2002, c. 147, § 1, eff. Nov. 1, 2002; Laws 2006, c. 278, § 5, eff. July 1, 2006. §70-24-154. Classroom placement of multiple-birth siblings - Definition. A. A parent or guardian of multiple-birth siblings may request that the children attend the same school and be placed in the same classroom or in separate classrooms if the children are in the same grade level at the same school and meet the eligibility requirements of the class. The school may recommend classroom placement to the parents and provide professional education advice to the parents to assist them in making the best decision for their children's education. A school must provide the placement requested by the children's parent or guardian, unless the district board makes a classroom placement determination following the school principal's request according to this section. The parent or guardian must request the classroom placement no later than fourteen (14) days after the first day of each school year or fourteen (14) days after the first day of attendance of the children during a school year if the children are enrolled in the school after the school year commences. At the end of the initial grading period, if the school principal, in consultation with the children's classroom teacher, determines that the requested classroom placement is disruptive to the classroom environment, the school principal may request that the district board determine the children's classroom placement. B. For purposes of this section, "multiple-birth siblings" means twins, triplets, quadruplets, quintuplets, or higher number of siblings resulting from a multiple birth. Added by Laws 2008, c. 396, § 1. §70-24-155. Concussion information - Removal from practice or game - Reinstatement A. As defined in this act: 1. "Athlete" means a secondary-school-age individual who is participating in a sport which is individual- and/or team-based, outside of school or within school and either competitive or in an organized practice; and 2. "Health care provider" means an individual who is registered, certified, licensed or otherwise recognized by the state to provide medical or psychological treatment and who is trained and experienced in the evaluation, management and care of concussions. B. The State Department of Health shall create a concussion management section on its website to provide the guidelines necessary for each school district board of education and youth sports organization to develop their own policies and procedures pertaining to, but not limited to: 1. A concussion and head injury information sheet for game officials, team officials, athletes, parents or guardians and other persons having care or charge of athletes of the signs and symptoms of concussion or head injury and the risk of continuing to practice or compete in an athletic event or activity after sustaining a concussion or head injury; 2. "Return to Learn" guidelines for teachers and relevant school personnel pertaining to athletes who are returning to the classroom after sustaining a concussion or head injury; 3. "Graduated Stepwise Return to Athletic Participation" guidelines for team officials pertaining to athletes returning to practice or competition after a concussion or head injury; and 4. Links to one or more free online concussion training programs as provided by the Centers for Disease Control and Prevention (CDC), the National Federation of State High School Associations (NFHS) or a comparable program or resource. The Department shall periodically review the guidelines and update it accordingly. C. Each school district board of education and youth sports organization or association shall develop policies and procedures pursuant to subsection B of this section to inform and educate their respective coaches, game officials, team officials, athletes and their parents or guardians of the nature and risk of concussion and head injury, including continuing to play after concussion or head injury. On an annual basis, information regarding concussion and head injuries shall be disseminated to the athlete and his or her parent or guardian. Acknowledgment and understanding of the information shall be completed by the athlete and the athlete's parent or guardian and maintained by the school or the youth sports organization or association prior to the athlete's participation in practice or competition. 1. On an annual basis, game officials and team officials shall undergo concussion training provided by the CDC, the NFHS or a comparable program or resource. A record of completion of the training course shall be readily available upon request. 2. If any game official or team official responsible for the care and safety of an athlete in an athletic event becomes aware or suspects an athlete is exhibiting signs, symptoms or behaviors consistent with having sustained a concussion or head injury, he or she shall remove the athlete from the practice or competition. 3. If an athlete is removed from practice or competition as provided in paragraph 2 of this subsection, the athlete shall not, on the same day the athlete is removed, be permitted to return to that practice or competition or to participate in any other practice or competition, unless deemed eligible pursuant to the provisions of paragraph 4 of this subsection. 4. An athlete who has been removed from participation as provided in paragraph 2 of this subsection may not participate until the athlete is evaluated by a health care provider and receives written clearance to return to participation from that health care provider. The health care provider may be a volunteer. A health care provider, game official or team official, whether volunteer or employee, shall not be liable for civil damages for injury, death or loss to person or property allegedly arising from any act or omission in providing services or performing duties unless the acts or omissions constituting gross negligence or willful or wanton misconduct. D. Respective governing boards shall establish the following minimum penalties for a violation of paragraph 2 of subsection C of this section for those individuals set forth in paragraph 1 of subsection C of this section: 1. First violation shall be additional concussion recognition and management education as predetermined by the governing board; 2. Second violation shall be suspension from the sport until appearance before the governing board; and 3. Monetary fines shall not be considered as a penalty. E. The Department shall promulgate rules necessary to implement the provisions of this act. Added by Laws 2010, c. 264, § 1, eff. July 1, 2010. Amended by Laws 2016, c. 375, § 1, eff. Nov. 1, 2016. §70-24-156. Chase Morris Sudden Cardiac Arrest Prevention Act. A. This act shall be known and may be cited as the “Chase Morris Sudden Cardiac Arrest Prevention Act”. B. As used in the Chase Morris Sudden Cardiac Arrest Prevention Act, “athletic activity” means any sport sanctioned and offered in grades seven through twelve by a school district. C. The State Department of Health and the State Department of Education shall jointly develop and post on their publicly accessible websites guidelines and other relevant materials to inform and educate students participating in or desiring to participate in an athletic activity, their parents, and their coaches about the nature and warning signs of sudden cardiac arrest including the risks associated with continuing to play or practice after experiencing one or more symptoms of sudden cardiac arrest including unexplained fainting, difficulty breathing, chest pains, dizziness, and abnormal racing heart rate. In developing the guidelines and materials, the State Department of Health and the State Department of Education may utilize existing materials developed by other entities or organizations. D. A student participating in or desiring to participate in an athletic activity and the student’s parent or guardian shall, each school year and prior to participation by the student in an athletic activity, sign and return to the student’s school an acknowledgement of receipt and review of a sudden cardiac arrest symptoms and warning signs information sheet jointly developed by the State Department of Health and the State Department of Education. E. A school may hold an informational meeting prior to the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest. In addition to students, parents, coaches, and other school officials, informational meetings may include physicians, pediatric cardiologists, and athletic trainers. F. A student who collapses or faints without a concurrent head injury while participating in an athletic activity shall be removed by the coach from participation at that time. G. A student removed or prevented from participating in an athletic activity pursuant to subsection F of this section shall not return to participation until the student is evaluated and cleared for return to participation in writing by a health care provider as defined in Section 3090.2 of Title 63 of the Oklahoma Statutes. H. Once each year, a coach of an athletic activity, school nurses, and athletic trainers shall complete: 1. The sudden cardiac arrest training course offered by a provider approved by the State Department of Health; and 2. Training in first aid, cardiopulmonary resuscitation, and use of an automated external defibrillator. The training shall follow guidelines set by a nationally recognized, guidelines-based organization focused on emergency cardiovascular care. A coach of an athletic activity shall not coach the athletic activity until the coach completes the training course required under this subsection. I. Each public school in this state shall develop a sudden cardiac emergency response plan. The plan shall be formulated by a school site administrator and presented to the school district board of education. The plan shall: 1. Establish and provide for membership of a sudden cardiac emergency response team for each school site. Each team shall include a school site administrator; 2. Activate the team in response to a sudden cardiac arrest; 3. Implement automated external defibrillator (AED) placement and routine maintenance within the school as needed and dictated by the plan and in accordance with guidelines set by a nationally recognized, guidelines-based organization focused on emergency cardiovascular care. The plan shall provide for implementation of clearly marked and easily accessible AED placement; 4. Provide for communication and dissemination of the plan throughout the school campus; 5. Require the response team to practice the plan by conducting periodic drills; 6. Provide for coordination with emergency medical service providers that serve the area in which the school is located; 7. Address athletic events and athletic facilities at each middle school and high school site provided: a. an AED shall be placed at each athletic venue or be accessible within one to three minutes of each venue where athletic practices or competitions are held, or b. a mobile AED device shall be on the premises in accordance with guidelines set by a nationally recognized, guidelines-based organization focused on emergency cardiovascular care; 8. Provide for appropriate school staff to be trained in first aid, cardiopulmonary resuscitation, and the use of an AED in accordance with guidelines set by a nationally recognized, guidelines-based organization focused on emergency cardiovascular care. The plan shall stipulate the appropriate staff to receive training which shall include, but not be limited to, athletic coaches, school nurses, and athletic trainers; and 9. Be reviewed by the school district board of education and sudden cardiac emergency response team members and updated annually. J. The sponsors of youth athletic activities not associated with a school are encouraged to follow the guidance stated in the Chase Morris Sudden Cardiac Arrest Prevention Act. K. Nothing in the Chase Morris Sudden Cardiac Arrest Prevention Act shall be construed to create, establish, expand, reduce, contract, or eliminate any civil liability on the part of any school or school employee. L. The State Board of Health and the State Board of Education shall promulgate rules to implement the provisions of the Chase Morris Sudden Cardiac Arrest Prevention Act. Added by Laws 2015, c. 272, § 1, eff. July 1, 2015. Amended by Laws 2024, c. 451, § 1, eff. July 1, 2024. §70-24-157. Mandatory gender or sexual diversity training or counseling prohibited - Certain race- or sex-based concepts prohibited from courses. A. 1. No enrolled student of an institution of higher education within The Oklahoma State System of Higher Education shall be required to engage in any form of mandatory gender or sexual diversity training or counseling; provided, voluntary counseling shall not be prohibited. Any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex shall be prohibited. 2. Pursuant to the provisions of the Administrative Procedures Act, the Oklahoma State Regents for Higher Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection. B. The provisions of this subsection shall not prohibit the teaching of concepts that align to the Oklahoma Academic Standards. 1. No teacher, administrator or other employee of a school district, charter school or virtual charter school shall require or make part of a course the following concepts: a. one race or sex is inherently superior to another race or sex, b. an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously, c. an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex, d. members of one race or sex cannot and should not attempt to treat others without respect to race or sex, e. an individual’s moral character is necessarily determined by his or her race or sex, f. an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex, g. any individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex, or h. meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race. 2. The State Board of Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection. Added by Laws 2021, c. 426, § 1, eff. July 1, 2021. §70-24-158. Oklahoma Prevention Needs Assessment Survey. A. The "Oklahoma Prevention Needs Assessment Survey" means the biennial mental health prevention survey of public school students in grades six, eight, ten, and twelve managed by the Department of Mental Health and Substance Abuse Services. B. Beginning in the 2022-2023 school year, and biennially thereafter, public schools shall administer the Oklahoma Prevention Needs Assessment Survey, or an alternative survey as provided in subsection D of this section, for the purpose of providing direction to schools, school districts, and communities to effectively improve the lives of students regarding a variety of issues with a focus on alcohol, tobacco, other drug use, mental health, academic failure, and violence. C. The Department of Mental Health and Substance Abuse Services shall maintain the Oklahoma Prevention Needs Assessment Survey and shall provide technical assistance for schools in survey administration, reporting, planning, and development of school mental health prevention and intervention strategies informed by the survey results. D. If a school or school district chooses to administer an alternative survey or assessment tool to fulfill the purpose described in subsection B of this section, it may apply for a waiver through the Department of Mental Health and Substance Abuse Services. E. The school district superintendent or his or her designee shall provide prior written notification to the parents or legal guardians of students to be administered the Oklahoma Prevention Needs Assessment Survey or an alternative survey or assessment tool adopted pursuant to subsection D of this section. The notification shall include information to parents and legal guardians that they may opt their student out of the survey or assessment tool by providing written notice to the school district. F. Prior to the biennial administration of the Oklahoma Prevention Needs Assessment Survey, the Department of Mental Health and Substance Abuse Services shall submit the survey to the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representatives, the chairs of the committees with responsibility over common education in both houses of the Legislature, and the chairs of the committees with responsibility over public health in both houses of the Legislature. G. The provisions of this section shall be subject to the availability of federal funding. If federal funding is insufficient to provide the Oklahoma Prevention Needs Assessment Survey to public schools on a biennial basis, administration of the survey shall not be required. H. The Board of Mental Health and Substance Abuse Services and the State Board of Education may promulgate rules as necessary to carry out the provisions of this section. Added by Laws 2021, c. 406, § 1, eff. Nov. 1, 2021. Amended by Laws 2022, c. 281, § 2, eff. July 1, 2022. NOTE: Editorially renumbered from § 24-157 of this title to avoid a duplication in numbering. §70-24-159. Protocol for mental health crises. A. Each public school district shall maintain a protocol for responding to students in mental health crisis with the goal of preventing student suicide, self-harm, and harm to others. 1. The protocol shall be developed, maintained, and implemented in partnership with one or more local mental health treatment providers certified by the Department of Mental Health and Substance Abuse Services. At least one provider partner shall have: a. the ability to serve all school-aged children regardless of insurance status, and b. the ability and certification to provide mental health crisis services in the region where students attend school. 2. Any organization certified by the state as a community mental health center as defined in Section 3-302 of Title 43A of the Oklahoma Statutes or a Certified Community Behavioral Health Clinic shall serve as a school partner if requested by a school district located in its state-designated service area. B. The protocol for responding to mental health crises shall, at a minimum: 1. Provide a definition of mental health crisis involving potential for harm to self or others; 2. Document how mental health crises may be identified by school administrators, teachers, support employees, and school-based mental health professionals; 3. Outline nonpunitive steps to safeguard student health and safety in response to an immediate or potential mental health crisis; 4. Identify local treatment providers and resources available to support students and families in mental health crisis and ensure appropriate referrals to treatment; 5. Outline a process for ensuring parent and caregiver notification and involvement during an actual or potential mental health crisis; and 6. Document how student privacy will be protected in compliance with applicable state and federal laws. C. If a student who is under eighteen (18) years of age is identified as being in or at risk of a mental health crisis, the school shall inform the parent or legal guardian of the student and offer the treatment referral information contained in the protocol. Parent or legal guardian consent shall be required for any subsequent action taken by the school as part of the protocol except in cases of immediate and life-threatening danger to self or others. D. All protocols developed by school districts and partner organizations shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and Family Educational Rights and Privacy Act (FERPA) privacy requirements. E. School administrators, teachers, support employees, and school-based mental health providers shall be provided ready access to and regular training on the protocol. F. A working agreement shall be signed by the school district board of education and each identified mental health provider partner outlining all obligations of the parties under the established protocol and a strategy for regularly reviewing its effectiveness using anonymous, nonidentifiable data. G. Not less than every two (2) years, the school district and its mental health provider partners shall jointly review the protocol and working agreements and consider any updates necessary to better meet the needs of students. School districts and mental health provider partners shall include in their review process information gathered from the Oklahoma Prevention Needs Assessment Survey or an alternative survey, as provided for in Section 24-158 of Title 70 of the Oklahoma Statutes. H. Each school district shall submit the latest protocol and working agreements to the State Department of Education, which shall share the protocols and agreements with the Department of Mental Health and Substance Abuse Services. These agencies may require revisions to ensure compliance with applicable laws, regulations, and established evidence-based practices. I. The Department of Mental Health and Substance Abuse Services and the State Department of Education shall provide technical assistance to school districts and their provider partners by: 1. Making available an optional template protocol which satisfies the provisions of this section; 2. Making available an optional template working agreement which can be adopted by schools and provider partners; 3. Providing school districts with lists of local public and private treatment providers eligible to serve as partners in the development and maintenance of a protocol; 4. Providing information on any available mental health crisis phone line; 5. Making available information on evidence-based practices for meeting the mental health needs of students; and 6. Providing ongoing assistance and consultation as requested by a school district. J. The Board of Mental Health and Substance Abuse Services and the State Board of Education may promulgate rules as necessary to ensure compliance with this section. K. Nothing in this section shall be construed to create, establish, expand, reduce, contract, or eliminate any civil liability on the part of any school or school employee. Added by Laws 2022, c. 281, § 1, eff. July 1, 2022. §70-24-160. Wearing tribal regalia during official graduation ceremonies. A. 1. A student enrolled in a public school district, a public charter school, or a technology center school may wear tribal regalia during the school’s official graduation ceremonies, whether held at a public or private location. 2. Nothing in this subsection shall limit or alter the authority of school personnel to regulate student behavior pursuant to the School Safety and Bullying Prevention Act. B. A student enrolled in an institution within The Oklahoma State System of Higher Education may wear tribal regalia during the institution’s official graduation ceremonies, whether held at a public or private location. C. A school district board of education, a governing board of a charter school, a governing board of a technology center school, or the board of regents of an institution within The Oklahoma State System of Higher Education may adopt a policy pursuant to the provisions of this section, which may specify the characteristics of any garment, jewelry, other adornment, or object that the school or institution finds will endanger the safety of a student or others or interfere with graduation ceremonies if worn by a student. D. For the purposes of this section, “tribal regalia” means traditional garments, jewelry, other adornments such as an eagle feather, an eagle plume, a beaded cap, a stole, or similar objects of cultural and religious significance worn by members of a federally recognized Indian tribe or the tribe of another country. Tribal regalia does not include any firearm or other weapon. Tribal regalia does not include any object that is otherwise prohibited by federal law, except in compliance with an appropriate federal permit. Added by Laws 2023, c. 307, § 1, eff. July 1, 2023. §70-24-161. Auditing classes by governing board members. A. Being necessary to fulfill their role as a member of the governing board of their respective Oklahoma higher education institution, any member of a governing board of an Oklahoma higher education institution shall be allowed by their institution to audit a class free of charge. B. Governing board members who audit a class pursuant to subsection A of this section may not receive academic credit for the class or classes audited. Added by Laws 2023, c. 52, § 1, eff. Nov. 1, 2023. NOTE: Editorially renumbered from § 24-160 of this title to avoid a duplication in numbering. §70-24-162. Discrimination prohibited. A. As used in this section: 1. “Antisemitism” has the same meaning as provided for by the International Holocaust Remembrance Alliance Working Definition of Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016; 2. “Institution of higher education” means an institution of higher education within The Oklahoma State System of Higher Education; and 3. “Public school” shall have the same meaning as provided for in Section 1-106 of Title 70 of the Oklahoma Statutes. B. Discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status against a student or an employee in an institution of higher education or a public school in this state shall be prohibited. No person in this state shall, on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any institution of higher education or public school program or activity or in any employment conditions or practices conducted by an institution of higher education or a public school that receives or benefits from federal or state financial assistance. C. The criteria for admission to a program or course at an institution of higher education shall not have the effect of restricting access by persons of a particular race, ethnicity, national origin, sex, disability, religion, or marital status; provided, this shall not infringe upon the rights of student faith- based organizations and ethnic solidarity organizations to select leadership committed to their group’s mission and principles. D. All institution of higher education and public school classes shall be available to all students without regard to race, ethnicity, national origin, sex, disability, religion, or marital status. Provided, however, the provisions of this subsection shall not prohibit the provision of programs designed to meet the needs of students with limited proficiency in English, gifted students, or students with disabilities or programs tailored to students with specialized talents or skills. E. Guidance, counseling, and financial assistance services in institutions of higher education and public schools shall be available to all students equally and provided in the same manner regardless of race, ethnicity, national origin, sex, disability, religion, or marital status. F. All education programs, activities, and opportunities offered by institutions of higher education and public schools shall be made available without discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status. G. Nothing in this act shall be construed to limit or restrict the implementation, funding, or administration of any Indian education programs or services established under federal or state law. Added by Laws 2025, c. 73, § 1. §70-24-163. Antisemitism. A. Institutions of higher education and public schools shall integrate the definition of antisemitism provided for in Section 1 of this act into their student, faculty, and employee codes of conduct. Prohibited conduct as it specifically relates to antisemitism shall include harassment and discrimination against Jews in compliance with Title VI of the Civil Rights Act of 1964 and antidiscrimination regulations provided by the United States Department of Education and the United States Department of Justice. B. Institutions of higher education and public schools shall treat harassment of or discrimination against students or employees or resulting from institutional policies or programs on their campuses motivated by or including antisemitic intent in an identical manner to discrimination motivated by race. C. All institutions of higher education and public schools are encouraged to: 1. Incorporate antisemitism awareness training for all students, faculty, administrators, and campus police; 2. Integrate Jewish American heritage curriculum for students that incorporates Jewish experiences in the United States of America pre- and post-revolution, pre- and post-World War II and the Holocaust, and in modern times; and 3. Place reasonable time, place, and manner restrictions on speech to ensure order and protect the rights of all students. D. 1. The State Department of Education shall designate a Title VI coordinator dedicated to monitoring antisemitic discrimination and harassment in public schools in this state. All public schools shall electronically report incidents and complaints of antisemitic discrimination and harassment to the Title VI coordinator. The Title VI Coordinator shall establish, maintain, and publicize a formal reporting process whereby students, parents, staff, and faculty can submit complaints of antisemitic discrimination and harassment. 2. The Title VI coordinator designated pursuant to paragraph 1 of this subsection shall thoroughly investigate all submitted complaints. If after a reasonable investigation a Title VI coordinator determines that a public school has engaged in, allowed, or not sufficiently prohibited antisemitic discrimination, the State Department of Education shall provide written notice to the public school to address the complaint within thirty (30) days of receiving the notice. 3. If the Title VI coordinator determines that the public school has not taken the necessary actions to address the complaint within thirty (30) days of receiving the notice, the Department shall report its findings to the United States Department of Education and the United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964. E. 1. The Oklahoma State Regents for Higher Education shall designate a Title VI coordinator dedicated to monitoring antisemitic discrimination and harassment in institutions of higher education in this state. All institutions of higher education shall electronically report incidents and complaints of antisemitic discrimination and harassment to the Title VI coordinator. 2. The Title VI coordinator designated pursuant to paragraph 1 of this subsection shall thoroughly investigate all submitted complaints. If after a reasonable investigation a Title VI coordinator determines that an institution of higher education has engaged in, allowed, or not sufficiently prohibited antisemitic discrimination, the State Regents shall provide written notice to the institution of higher education to address the complaint within thirty (30) days of receiving the notice. 3. If the Title VI coordinator determines that the institution of higher education has not taken the necessary actions to address the complaint within thirty (30) days of receiving the notice, the State Regents shall report their findings to the United States Department of Education and the United States Department of Justice by making a complaint under Title VI of the Civil Rights Act of 1964. F. No later than June 30, 2026, and June 30 each subsequent year, the Title VI coordinators designated pursuant to paragraph 1 of subsections D and E of this section shall electronically submit to the Legislature a report on antisemitism in institutions of higher education and public schools. G. The Legislature is encouraged to conduct hearings and/or investigations to assess if institutions are adequately addressing antisemitic harassment and discrimination; if not, the Legislature should consider reducing or eliminating state funding to such institutions. Added by Laws 2025, c. 73, § 2. §70-24-164. Construction of act. A. Nothing in this act shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or Section 22 of Article II of the Oklahoma Constitution. B. Nothing in this act shall be construed to conflict with federal or state discrimination laws. Added by Laws 2025, c. 73, § 3. §70-24-165. Short title - Federal Education Guidance Disclosure Act - Online publication. A. This act shall be known and may be cited as the "Federal Education Guidance Disclosure Act". B. Within five (5) days of receiving a guidance document from the United States Department of Education, the State Department of Education shall publish the guidance document on an Internet website designated by the State Superintendent of Public Instruction unless the guidance document contains sensitive or confidential information not legal to disclose due to privacy laws. C. 1. The State Department of Education shall create the designated Internet website for publication described in subsection B of this section no later than ninety (90) days after the effective date of this act. 2. The State Department of Education shall include hyperlinks on the Internet website, in a conspicuous manner, that provide access to the guidance documents received pursuant to subsection B of this section. D. If a guidance document is rescinded by the United States Department of Education, the State Department of Education shall maintain the rescinded guidance document at the location described in subsection C of this section and indicate within fifteen (15) days of such rescission: 1. That the document has been rescinded; and 2. The date the document was rescinded. E. For purposes of this section, "guidance document" means a federal agency statement of general applicability, other than a rule that has the force and effect of law promulgated in accordance with the notice and comment procedures under 5 U.S.C., Section 553, that is designated by an agency official as setting forth a policy or interpretation on a statutory, regulatory, or technical issue. A guidance document may include, but is not limited to, a memorandum, notice, bulletin, directive, letter, or no-action letter. The term guidance document shall be construed broadly to effectuate the purpose and intent of this act. Added by Laws 2025, c. 188, § 1, eff. Nov. 1, 2025. NOTE: Editorially renumbered from § 24-162 of this title to avoid duplication in numbering.