Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. Bullying has a
negative effect on the social environment of schools, creates a climate of fear
among students, inhibits the ability to learn, and leads to other antisocial
behavior. Other detrimental effects of bullying include impact on school
safety, student engagement, and the overall school environment. Successful
school programs recognize, prevent, effectively identify, and intervene in
incidents involving harassment, intimidation and bullying behavior. Schools
that implement these programs have improved safety and create a more inclusive
learning environment. The purpose of the Oklahoma School Bullying Prevention
Act, 70 O.S. §
24-100.2,
et seq., is to provide a comprehensive approach for public schools to create an
environment free of unnecessary disruption which is conducive to the learning
process by implementing policies for the prevention of bullying.
(b)
Definitions. The following
words and terms, when used in this subchapter, shall have the following
meaning:
(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:
(A) 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
(B) 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.
(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.
(c)
Implementation.
Each district board of education shall adopt a policy for the discipline of all
children attending public school in that district. Such policy shall set forth
investigative procedures of reported incidents bullying . Such policy shall
provide options for discipline of the students and shall define standards of
conduct to which students are expected to conform, which may include a detailed
description of a graduated range of consequences and sanctions for bullying.
The policy adopted by each district board of education shall meet all of the
following requirements:
(1) The policy shall
specifically prohibit all bullying at school. The prohibition against bullying
at school shall include all use of electronic communication that is
specifically directed at students or school personnel and is used to perpetuate
incidents at school which meet the definition of bullying set forth (b) of this
Section;
(2) The policy shall
require the district to establish a procedure at each school for reporting an
act of bullying to a school official that includes:
(A) A process that ensures reports of
bullying are kept confidential and private to the extent necessary to ensure
the ability of individuals to report incidents without fear of retribution or
retaliation. Such process shall include a procedure which enables any person to
report an act of bullying anonymously, provided that an anonymous report shall
not be used as the sole basis for formal disciplinary action;
(B) A process that contains 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 and
provides guidelines to school administrators, teachers, and other personnel on
specific actions to take if incidents of bullying occur; and
(C) A process that ensures tracking of
multiple incidents in a way that enables school administrators to identify
emerging patterns of bullying over extended periods of time and interventions
used with specific bullies and victims of bullying; and
(D) A process that ensures that students are
encouraged to report incidents of known bullying and that the system of
reporting bullying incidents does not contain unnecessary obstacles to
reporting that would serve as a deterrent to reporting;
(3) The policy shall contain procedures for
publicizing the bullying policy that meet all of the following requirements:
(A) An annual written notice of the bullying
policy, written in age-appropriate language, shall be provided to parents,
guardians, staff, volunteers, and students at each school;
(B) A written notice of the school bullying
policy shall be posted at various locations within each school site, including,
but not limited to cafeterias, school bulletin boards, classrooms, and
administration offices. The notice shall be written in age-appropriate language
that is understandable and accessible by all students in the school in which
the notice is distributed;
(C) The
bullying policy shall be posted on the internet websites of the school district
and each school site in the district which has its own website; and
(D) The bullying policy shall be included in
all student and employee handbooks;
(4) The policy shall require that appropriate
school district personnel involved in investigation of reports of bullying
shall make a determination regarding whether or not the conduct alleged is
actually occurring;
(5) The policy
shall require the district to establish a procedure at each school for
providing timely notification of documented and verified incident(s) of
bullying to the parents or guardians of a victim of documented to the parents
or guardians of the perpetrator;
(6) The policy shall require each school to
identify by job title the official who is responsible for enforcement of the
district's bullying policy;
(7) The
policy shall require the district to establish a procedure at each school for
reporting all documented and verified acts of bullying to law enforcement that
either:
(A) May constitute criminal conduct;
or
(B) Have a reasonable potential
to endanger the safety of school students, school personnel, or school
visitors;
(8) The policy
shall require administrators and school employees to participate in annual
training in bullying identification, prevention, reporting, and response that
is developed and/or provided by the State Department of Education;
(9) The policy shall require the district to
provide students and parents at each school with an educational program in
bullying identification, prevention, reporting, and response that is designed
and developed by the State Department of Education;
(10) The policy shall address prevention of
bullying by providing procedures at each school that contain:
(A) Consequences and remedial action for any
person (including a student or school employee) who commits an act of bullying.
All consequences and remedial action shall be appropriate to the age of the
perpetrator(s) and severity of the incident. Such consequences may include, but
are not limited to one or more of the following:
(i) Verbal or written warnings;
(ii) Conferences with the parent(s) and/or
guardian(s) of the student(s) involved in an incident of bullying;
(iii) Detention;
(iv) Loss of school privileges;
(v) Course and/or teacher
reassignment;
(vi) Prohibition or
suspension of participation in school activities;
(vii) In-school or out-of-school suspension
in accordance with the provisions of 70 O.S. 24-101.3 and district policy and
procedures;
(viii) Meetings or
conferences with a school counselor, school psychologist, or school social
worker;
(ix) Restitution of a
victim's property that has been damaged as a result of a documented and
verified bullying incident;
(x)
Reassignment, suspension, and/or termination of school employment;
(xi) Referral to law enforcement;
(B) Consequences and remedial
action for a student found to have falsely accused another student of bullying
as a means of retaliation, reprisal, or means of bullying that is appropriate
to the age of the perpetrator and severity of the incident, provided that such
consequences shall not be implemented or enforced in such a way as to deter
credible reports of bullying incidents; and
(C) A strategy for providing appropriate
services as necessary for students who are targets of bullying; family members
affected by bullying; and perpetrators of bullying. Such services and support
may be provided by the school directly or through referrals to other providers
and may include, but are not limited to one or more of the following:
(i) Counseling;
(ii) Academic intervention;
(iii) Protection for students who are targets
of bullying; and
(iv) Any other
appropriate services as necessary to:
(i)
Ensure the safety of all students involved in incidents of bullying;
and
(ii) Prevent further incidents
of bullying.
(11) The policy shall require the district to
establish a procedure at each school for :
(A)
The investigation , documentation, and determination of all incidents of
bullying reported to school officials ;
(B) Identification and designation of a
school official at each school site who is responsible for investigation of
incidents of bullying;
(C)
Reporting the number of incidents of bullying to the State Department of
Education; and
(D) Determination of
the severity of the incident(s) and the potential of the incident(s) to result
in future violence.
(12)
The policy shall require the district to establish a procedure at each school
which provides, upon the completion of an investigation, that a school may
recommend that available community mental health care , substance abuse, or
other counseling options be provide to the student, if appropriate. This may
include information about the types of support services available to the
student bully, victim, and any other students affected by the prohibited
behavior.
(13) The policy shall
require the district to establish a procedure at each school where by a school
may request the disclosure of any information concerning students who have
received mental health , substance abuse, or other health care pursuant to (12)
of this subsection, if that information indicates an explicit threat to the
safety of students or school personnel provided, and if the disclosure of that
information does not violate the provisions or requirements 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 Oklahoma Statutes, or any other state or federal laws relating
to the disclosure of confidential information.
(d)
Policy Adoption. The policy
adopted by the local school board pursuant to 70 O.S. §
24-100.4
shall include the statutorily required sections outlined in section (c) of this
rule. Failure to include such items shall result in action pursuant to (f) of
this Section.
(e)
Policy
Development. In developing a district policy, each district board of
education shall make an effort to involve teachers, parents, and students. The
students, teachers, and parents or guardian of every child residing within a
school district shall be notified by the district board of education of the
adoption of the policy and shall receive a copy upon request.
(f)
Monitoring and Compliance.
The State Board of Education shall monitor school districts for compliance with
70 O.S. §
24-100.4(c)
of this Section.
(1) To assist the State
Department of Education with compliance efforts pursuant to this section, each
school district shall identify a Bullying Coordinator who will serve as the
district contact responsible for providing information to the State Board of
Education. The Bullying Coordinator shall maintain on file with the Department
of Education updated contact information. Each school district shall notify the
State Department of Education within fifteen (15) business days of the
appointment of a new Bullying Coordinator.
(2) Everyschool district shall submit to the
State Board of Education a copy of the district's bullying policy. The bullying
policy shall be submitted to the State Department of Education by December 10th
of each school year, and shall be submitted as a part of the school's Annual
Performance Report.
(3) The State
Department of Education shall conduct an annual comprehensive review of each
school district's bullying policy to ensure compliance with 70 O.S. §
24-100.4.
School districts that do not comply with the statutory requirements of the
statute shall be notified in writing, and be required to make necessary changes
to comply with state law.
(4) State
Department of Education staff shall monitor school districts for compliance
with 70 O.S. §
24-100.4
and section (c) of this rule. The State Department of Education may initiate a
compliance review upon receipt of evidence which indicates noncompliance with
70 O.S. §
24-100.4.
Evidence of potential noncompliance shall be based on the nature or frequency
of confirmed complaints of non-compliance received by the State Department of
Education. The scope of a compliance review initiated pursuant to (f) of this
Section shall be limited to determining whether a school district has
implemented policies required by 70 O.S. §
24-100.4.
(5) Records indicating substantial
noncompliance with (c)of this Section shall be submitted to the school
district's Regional Accreditation Officer (RAO) for review and consideration
during the district's accreditation process. Record of a school district's
failure to comply with 70 O.S. §
24-100.4,
including the number of confirmed complaints of non-compliance involving the
district , shall be documented in the district's compliance report and be
considered for purposes of accreditation.
(g)
Federal Applicability.
Harassment, intimidation, and bullying behavior may also result in
discriminatory harassment, prohibited by Title VI of the Civil Rights Act of
1964 (Title VI), which prohibits discrimination on the basis of race, color, or
national origin; Title IX of the Education Amendments of 1972 (Title IX), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation
Act of 1973 (Section 504); and Title II of the Americans with Disabilities Act
of 1990 (Title II). Section 504 and Title II prohibit discrimination on the
basis of disability. Each school district shall take necessary steps to ensure
compliance with federal law.
