Below is the model bullying policy made available by the Oklahoma State Department of Education for school districts within Oklahoma to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.

We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.

Last Updated:  August 7, 2019

URL of Source: https://sde.ok.gov/bullying-prevention

Oklahoma State Department of Education Model School District Policy for Prevention of Bullying At School (70 O.S. §§ 24-100.4 and 24-100.5)

The School Safety and Bullying Prevention Act at 70 O.S. § 24-100.4(A) requires each public school district board of education to adopt policies to address investigation of reported incidents of bullying.

This model policy is provided to school districts in accordance with the provisions of the School Safety and Bullying Prevention Act at 70 O.S. § 24-100.5(C)(1). Local school districts and local school boards may use this policy as a model or develop their own policies that comply with the requirements of 70 O.S. § 24-100.4 and accompanying regulations at 210:10-1-20.

  1. Prohibition of Incidents of Bullying

It is the policy of the [school district name] to prohibit all bullying of any person at school. This policy shall extend to all schools in [school district name]. Prohibited conduct includes incidents of bullying instigated by use of electronic communication specifically directed at students or school personnel. II. Definitions

The following words and terms used in this policy shall have the following meaning: “At school” means on school grounds, in school vehicles, at school-sponsored activities, or at school-sanctioned events.

“Bullying” means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal communication, 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.

“Electronic communication” means the communication of any written, verbal, or 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.

“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. III. School Bullying Prevention and Intervention

Every school site in this district shall ensure compliance with the following strategies for bullying prevention and appropriate intervention when incidents of bullying occur at school: A. Bullying Preventing Officers. The principal of each school site in this district shall designate at least one Bullying Prevention Officer (“BPO”) who shall be the primary point of contact to receive reports of incidents of bullying. The duties of the BPO shall be as follows:

  1. To receive, promptly review, and track reports of incidents of bullying; 2. To establish and maintain the confidentiality of reports of incidents of bullying as appropriate; 3. To establish a method for receiving anonymous reports of incidents of bullying; 4. To publicize the procedures for reporting set forth in this policy to all students, parents/legal guardians of students, and school employees; 5. To educate the school and community about bullying prevention measures; and 6. To review, monitor, and suggest strategies for improvement of the school climate in order to facilitate prevention and intervention of bullying incidents in the school site and promote a school culture of intolerance of bullying behaviors;
  2. To report the number of documented and verified incidents of bullying to the district and/or the State Department of Education in accordance with the requirements of 70 O.S. § 24-100.4(F) and accompanying regulations at 210:10-1-20; 8. To serve on the Safe School Committee and make recommendations for bullying prevention education, professional development, and/or policies and procedures pertaining to bullying prevention; and 9. Any other duties deemed necessary by school administrators and/or the Safe School Committee to facilitate bullying prevention at the school site. B. Training and education in school bullying prevention and intervention. All school administrators and school employees at each school site shall be required to complete annual professional development training in school bullying prevention, identification, response, and reporting that meets the requirements of 70 O.S. § 24-100.4(A) and 210:10-1-20. Selection of the required training at each school site shall be based upon the recommendation of the Safe School Committee established at the site. C. Safe School Committee. Every school site in this district shall establish a Safe School Committee that meets the requirements of 70 O.S. § 24-100.5(A). At least one of the members of the Committee shall be a BPO designated at the school site. The duties of the Committee shall be the duties set forth in 70 O.S. § 24-100.4(B). D. Bullying Prevention Programs. Every school site in this district shall implement a research- based educational program as designed and developed by the State Department of Education for students and parents in preventing, identifying, responding to and reporting incidents of bullying IV. Reporting Incidents of Bullying

The system of incident reporting at every school site in this district shall ensure that students are encouraged to report incidents of known bullying and shall remove unnecessary obstacles that would serve as a deterrent to reporting (e.g., ensuring availability of reporting procedures during the school day, ensuring a student is not penalized for tardiness or absence from a class incurred as a result of reporting an incident). To facilitate prompt reporting and tracking of all incidents, school sites shall, at a minimum follow the following procedures: Such procedures shall, at a minimum, address all of the following requirements: A. District Bullying Report Form. Students shall be informed of the process for reporting incidents of bullying and encouraged to report all incidents of bullying. Incidents of bullying shall be reported on the “District Bullying Report Form” which shall be made available to students at all times during regular school hours, including in the main/front office of the school site, the office of the school counselor, the website of the school site, and any other locations recommended by the Safe School Committee at each school site. Students shall be advised that they may obtain assistance from a school official if they have questions about completing the District Bullying Report Form or if they are unable to complete the form without assistance (e.g., students unable to write legibly due to age, disability, etc.). The District Bullying Report Form shall be designed to facilitate reporting of incidents by all ages, and shall, at a minimum, include all of the following items:

  1. Date and approximate time of incident; 2. Location of incident; 3. Name(s) of all individuals at whom the incident was directed or who were affected by the bullying behavior; 4. Name(s) of all individuals who initiated or encouraged the bullying behavior; 5. Name(s) of all individuals who witnessed the incident or may have information pertaining to the incident; 6. Description of the incident, including:

(i) Identification of all inappropriate behaviors;

(ii) Identification of any types of alleged harassment on the basis of race, color, national origin, gender, sexual orientation, religion, or disability; 7. A description of the types of behaviors used to harass, intimidate, or threaten a student. Examples include, but are not limited to the following:

(i) Gesture, written, or verbal expressions (e.g., written or verbal threats, obscene gestures directed toward a student); (ii) Physical acts (e.g., physical fights, assault, or attack); (iii) Electronic communication (e.g., cellphone, instant messaging, email, social networking, audio or visual images); (iv) Damage of a student’s property (e.g., stealing, hiding, or damaging property); (v) Threatening another student (i.e., communication leading to a reasonable fear of harm to the person or property of another individual or individual’s friends or family); 8. Description of interference with the school’s educational mission or the education of the student, including, but not limited to:

(i) Detrimental changes in school attendance (e.g., absences or tardies; missing all or part of a class or a school day); (ii) Detrimental changes in student performance (e.g., student grades, assessments); (iii) Detrimental changes in participation in school activities (e.g., student demonstrates fear or avoidance of interaction with other students during activities, lunch, bus, recess); 9. Identification of any physical evidence of the conduct (e.g., written notes, emails, property destruction, voicemail messages, audio or video recordings); 10. Any other information which could potentially assist school officials in investigation of the incident; 11. Name of individual reporting the incident and contact information at which the individual reporting the incident may be reached to seek additional information (unless the form is for the purpose of anonymous reporting); 12. Relationship of the individual reporting the incident to the individuals involved in the incident. B. Individuals who may report incidents of bullying. Incidents of bullying at each school site in this district may be reported by any student, parent, school employee, or member of the public. Any school employee who has reliable information that would lead a reasonable person to suspect that an individual at the school is currently or has been the target of one or more incidents of bullying shall be required to report the information to the school’s BPO. Failure by school employees to report incidents of bullying in accordance with the requirements of this policy may result in disciplinary action. C. Privacy and confidentiality. Reports of bullying shall be kept confidential to the extent necessary to ensure compliance with the provisions of the Family Education and Privacy Rights Act (FERPA) and to protect students who report incidents of bullying from retaliation. D. Anonymous reporting. In order to ensure individuals may report incidents without fear of retribution or retaliation, every school site in this district shall provide at least one method of anonymous reporting of incidents of school bullying that protects the identity of the individual reporting the incident. However, an anonymous report shall not be the sole basis for formal disciplinary action in response to an incident of bullying. E. Tracking reports of incidents of bullying. All reports of bullying shall be tracked using methods that will enable the BPO and administrators of each school site to identify emerging patterns of bullying over extended periods of time. V. Response to Reported Incidents of Bullying

Every school site shall follow the following procedure in response to reported incidents of bullying. Upon receipt of a report of a bullying incident, the BPO shall take immediate steps to:

  1. Separately interview with the individuals involved in the incident and witnesses to the incident to assess and ensure the safety of all individuals involved in the incident pending investigation of the incident; B. Locate and secure any records or physical evidence relating to the incident; C. Promptly notify the parent(s)/legal guardian(s) of all individual students involved in the incident and the steps taken by the school administration to ensure the safety of the students pending investigation of the incident; and D. Contact law enforcement if an incident reported involves an immediate threat to school safety or immediate harm to the safety of an individual student. VI. Investigation, Determination, and Documentation of Reported Incidents of Bullying The principal of each site shall be the individual responsible for investigating incidents of bullying unless the principal designates another school official at the site as the individual responsible for investigation of the incident. The procedure for investigation of a reported bullying incident shall, at a minimum, meet all of the following requirements: A. Initiation of investigation. Within three (3) school days of receipt of a report of an incident of bullying, the school principal or designee shall initiate an investigation of the reported incident. All interviews with individuals involved in the incidents, their parent(s)/legal guardian(s), and/or witnesses shall be documented. A student’s parent/legal guardian or attorney shall be permitted to be present at the interview of a student upon request of the student or the student’s parent/legal guardian. B. Documentation of investigation. All investigations shall be documented on a form that includes, at a minimum, all of the following information:
  2. The date that the report of the incident was received by the BPO; 2. The date investigation of the report was initiated; 3. The name and title of the individual(s) assigned to conduct the investigation; 4. Identification of all individuals involved in the incident; 5. Identification of all individuals who witnessed the incident; 6. A summary of the details of the alleged incident; 7. A list of documentation available to investigate the incident; (e.g., written statement of student victim, written statement of student witnesses, medical information, incident forms, police reports); 8. A summary of action taken to investigate the incident (e.g., interviews with alleged victim, offender, perpetrator, and/or witnesses; review of incident reports; review of history of prior student behaviors; review of evidence); 9. A determination of whether sufficient evidence exists to verify occurrence of the alleged conduct; 10. Identification of follow up actions taken with the victim(s) and offender(s); 11. Identification of consequences implemented for the offender(s); 12. Identification of remediation implemented to address harm to the victim(s); 13. Date and method of notification of parents/legal guardians of victim(s) and offender(s) of completion and findings of investigation. C. Findings and determination of alleged incident. Upon completion of review of all facts alleged and available evidence, the school administrator shall:
  3. Document all findings of facts; 2. Issue a determination as to whether the occurrence of the incident could be verified based upon the available evidence as follows:

(i) Occurrence of the incident was verified;

(ii) Occurrence of the incident was unverified due to lack of proof (e.g., inability or unwillingness of victim to assist investigation or provide evidence in support of the allegations); or (iii) Evidence exists beyond reasonable doubt to support a conclusion that incident was falsely reported by an individual as a means of bullying or retaliation or reprisal against a student for reporting an act of bullying. D. Notification of results of investigation. Upon completion of an investigation, the school administrator shall promptly notify the district, and the parents/legal guardians of the students involved:

  1. The findings of the investigation; and 2. Any proposed consequences and remedial measures provided to the individual(s) affected by the incident. E. Follow up referrals for the purpose of student support services. Upon completion of an investigation, a school may recommend that available community mental health care, substance abuse, or other counseling options be provided to students involved in bullying incidents. A school may request the disclosure of any information concerning students who have received mental health, substance abuse, or other care pursuant to paragraph 13 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. VII. Remediation and Consequences for Incidents of Bullying
  2. Consequences for Individuals Who Commit Incidents of Bullying. Appropriate consequences shall be imposed for every individual who commits an act of bullying or an individual found to have falsely accused another student of bullying as a means of bullying or retaliation or reprisal for reporting an act of bullying. Consequences shall be determined, implemented and enforced in a manner that is consistent with the due process requirements set forth in the district’s policies pertaining to student and employee discipline. Examples of appropriate consequences may include, but are not limited to the following:
  3. Verbal or written warnings; 2. Conferences with the parent(s)/legal guardian(s) of the students involved in an incident of bullying; 3. Detention; 4. Loss of school privileges; 5. Course and/or teacher reassignment; 6. Prohibition or suspension of participation in school activities; 7. In-school or out-of-school suspension in accordance with the provisions of 70 O.S. § 24- 101.3 and district policies and procedures pertaining to student discipline; 8. Restitution of a victim’s property that has been damaged as a result of the bullying incident; 9. Reassignment, suspension, and/or termination of school employment; 10. Referral to law enforcement. B. Factors for Determination of Consequences for Incidents of Bullying Behavior. Every school administrator shall determine consequences for incidents of bullying behavior on a case- by-case basis in a manner that is proportionate to the severity of the conduct. Consequences for verified acts of bullying behavior shall be applied in such a manner as to ensure fair and impartial application of consequences (e.g., student’s academic or athletic status shall not be considered as

a factor for determination of appropriate consequences). In determining what consequences are appropriate for an individual determined to have perpetrated an incident of bullying, every school administrator shall include the following factors in the consideration:

  1. If the individual who perpetrated the incident was a student:

(i) The age of the student; (ii) The life skills of the student; (iii) The grade level of the student; (iv) The mental, physical and emotional development level of the student; and (v) Personal obstacles such as a history of abuse suffered by the student or negative family situation. 2. The existence of any previous bullying behavior or continuing or ongoing pattern(s) of behavior by the perpetrator; 3. The circumstances in which the incident occurred; 4. The nature and severity of the bullying behavior involved in the incident; 5. The nature and severity of harm to the victim of the incident, including:

(i) Consideration of documented physical, mental and emotional distress resulting from the incident; and (ii) The existence of any mental, physical, or health conditions of the victim exacerbated by the incident; 6. The relationship between the individuals involved; and 7. The potential for future violent conduct. C. Factors for Determination of Consequences for False Accusations. Every school administrator shall determine consequences for incidents in which an individual intentionally and knowingly reports a falsified accusation of a bullying incident as a means of bullying or as a means retaliation or reprisal against another student in response to a previous reported incident of bullying. Consequences shall be sufficient to deter false reports of conduct, but not so severe as to deter credible reports of bullying incidents. All of the following factors shall be considered in determining appropriate consequences for a falsified accusation:

  1. The status of the individual (i.e., student, employee, volunteer, etc.); 2. If the individual who made the false accusation was a student:

(i) The age of the student; (ii) The life skills of the student; (iii) The grade level of the student; (iv) The mental, physical and emotional development level of the student; and (v) Personal obstacles such as a history of abuse suffered by the student or negative family situation. 3. Whether the individual who falsely accused another student of bullying has been the perpetrator of previous bullying incidents; 4. The nature and severity of the bullying behavior involved in the incident; and 5. The circumstances in which the incident occurred. D. Determination of Remediation Measures in Response to Incidents of Bullying Behavior. Every school site shall implement appropriate remediation measures in response to incidents of bullying. Remediation measures shall include strategies for the protection of all persons involved in incidents of bullying, including targets and perpetrators of the bullying incident, and family members affected by the bullying incident. Such remediation measures shall be designed to prevent further incidents of bullying and to increase safety for the individuals involved in incidents of bullying as well as all individuals at each school site. Examples of appropriate remedial measures in response to incidents of bullying may include, but shall not be limited to, one or more the following:

  1. Referral of students involved in incidents of bullying to appropriate support services, including school or community counseling services, mental health treatment, or therapy services; 2. Academic intervention; 3. Programs of age-appropriate instruction for students to support a student’s life skills (e.g., conflict resolution, problem solving skills, life skills, social skills, anger management). 4. Parental education programs; 5. Peer support groups; 6. Modifications of student schedules; 7. Modification of hallway traffic at the school site; 8. Increased supervision; 9. Increased use of monitors or monitoring equipment in school facilities, hallways, cafeterias, playgrounds, and/or buses. VIII. Annual Notice of School Bullying Prevention Policy

Every school site shall implement a strategy for publicizing and distribution of this policy and all accompanying forms and procedures for reporting and investigation of incidents of school bullying. Publication and distribution shall comply with the provisions of 70 O.S. § 24- 100.4 and 210:10-1-20, and shall at a minimum meet all of the following requirements: A. An annual written notice of the bullying policy shall be provided to parents, guardians, staff, volunteers, and students at each school. Notice of the policy shall be posted at various locations within each school site, including, but not limited to school cafeterias, bulletin boards, and administration offices. The written notice provided to students shall be written in age- appropriate language to ensure comprehension by younger students and provided with accommodations as necessary to ensure accessibility to students with disabilities. B. A copy of this policy shall be posted on the [name of school district] website. In addition, each school site that has its own separate website shall post a copy of this policy and all accompanying forms and procedures on its website. C. Each school site shall include a copy of this policy in its student and employee handbooks.

 

Legal Guidance

  Title 21. Crimes and Punishments
    Chapter 48 – Miscellaneous and General Provisions
        Section 1190 – Prohibition Against Hazing – Presumption – Penalty – Definition
Cite as: O.S. §, __ __

  1. No student organization or any person associated with any organization sanctioned or authorized by the governing board of any public or private school or institution of higher education in this state shall engage or participate in hazing.
  2. Any hazing activity described in subsection F of this section upon which the initiation or admission into or affiliation with an organization sanctioned or authorized by a public or private school or by any institution of higher education in this state is directly or indirectly conditioned shall be presumed to be a forced activity, even if the student willingly participates in such activity.
  3. A copy of the policy or the rules and regulations of the public or private school or institution of higher education which prohibits hazing shall be given to each student enrolled in the school or institution and shall be deemed to be part of the bylaws of all organizations operating at the public school or the institution of higher education.
  4. Any organization sanctioned or authorized by the governing board of a public or private school or of an institution of higher education in this state which violates subsection A of this section, upon conviction, shall be guilty of a misdemeanor, and may be punishable by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00) and the forfeit for a period of not less than one (1) year all of the rights and privileges of being an organization organized or operating at the public or private school or at the institution of higher education.
  5. Any individual convicted of violating the provisions of subsection A of this section shall be guilty of a misdemeanor, and may be punishable by imprisonment for not to exceed ninety (90) days in the county jail, or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
  6. For purposes of this section:
  7. “Hazing” means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this state;
  8. “Endanger the physical health” shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug, controlled dangerous substance, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual; and
  9. “Endanger the mental health” shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.

Oklahoma Statutes Citationized
  Title 70. Schools
    Chapter 1 – School Code of 1971
      School Safety and Bullying Prevention Act
        Article Article XXIV – Miscellaneous Provisions
        Section 24-100.3 – Purpose and Definitions
Cite as: O.S. §, __ __

  1. As used in the School Safety and Bullying Prevention Act:
  2. “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;
  3. “At school” means on school grounds, in school vehicles, at school-sponsored activities, or at school-sanctioned events;
  4. “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
  5. “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.
  6. Nothing in this act shall be construed to impose a specific liability on any school district.

Title 70. Schools

Oklahoma Statutes Citationized
  Title 70. Schools
    Chapter 1 – School Code of 1971
      School Safety and Bullying Prevention Act
        Article Article XXIV – Miscellaneous Provisions
        Section 24-100.4 – Control and Discipline of Child
Cite as: O.S. §, __ __

  1. Each district board of education shall adopt a policy for the discipline of all children attending public school in that district, and for the investigation of reported incidents of bullying. The policy shall provide options for the discipline of the students and shall define standards of conduct to which students are expected to conform. The policy shall:
  2. 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;
  3. 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;
  4. 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;
  5. Contain a statement of how the policy is to be publicized including a requirement that:
  6. an annual written notice of the policy be provided to parents, guardians, staff, volunteers and students, with age-appropriate language for students,
  7. 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,
  8. the policy be posted on the Internet website for the school district and each school site that has an Internet website, and
  9. the policy be included in all student and employee handbooks;
  10. Require that appropriate school district personnel involved in investigating reports of bullying make a determination regarding whether the conduct is actually occurring;
  11. 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;
  12. Identify by job title the school official responsible for enforcing the policy;
  13. 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;
  14. Require annual 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;
  15. 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;
  16. 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;
  17. Address prevention by providing:
  18. consequences and remedial action for a person who commits an act of bullying,
  19. 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
  20. 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;
  21. Establish a procedure for:
  22. the investigation, determination and documentation of all incidents of bullying reported to school officials,
  23. identifying the principal or a designee of the principal as the person responsible for investigating incidents of bullying,
  24. reporting the number of incidents of bullying, and
  25. determining the severity of the incidents and their potential to result in future violence;
  26. 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
  27. 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.
  28. 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.
  29. 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.
  30. 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.
  31. 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.
  32. 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.
  33. The State Board of Education shall:
  34. Promulgate rules for periodically monitoring school districts for compliance with this section and providing sanctions for noncompliance with this section;
  35. Establish and maintain a central repository for the collection of information regarding documented and verified incidents of bullying; and
  36. 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.

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

(a)    Purpose. Bullying has a negative effect on the social environment of schools, creates a climate of fear among students, inhibits the ability to learn, and leads to other antisocial behavior. Other detrimental effects of bullying include impact on school safety, student engagement, and the overall school environment. Successful school programs recognize, prevent, effectively identify, and intervene in incidents involving harassment, intimidation and bullying behavior. Schools that implement these programs have improved safety and create a more inclusive learning environment. The purpose of the Oklahoma School Bullying Prevention Act, 70 O.S. § 24-100.2, et seq., is to provide a comprehensive approach for public schools to create an environment free of unnecessary disruption which is conducive to the learning process by implementing policies for the prevention of bullying.

(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 toestablish a procedure at each school whereby 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 and (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)    Every school 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.

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