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Oklahoma Legislature· HB 2017Coauthored by Representative Dollens

An act relating to bullying, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2017   By: Pae

4

5

6                   AS INTRODUCED

7   An Act relating to bullying; amending 21 O.S. 2021,

    Section 1172, which relates to obscene, threatening,

8   or harassing telecommunication or other electronic

    communications; prohibiting certain communications

9   through online platforms; defining terms; modifying

    punishments for certain misdemeanor and felony

10  offenses; amending 21 O.S. 2021, Section 1953, which

    relates to the Oklahoma Computer Crimes Act; making

11  certain acts unlawful; creating felony offense;

    amending 70 O.S. 2021, Section 24-100.3, which

12  relates to definitions under the School Safety and

    Bullying Prevention Act; modifying definition;

13  updating statutory reference; amending 70 O.S. 2021,

    Section 24-100.4, as amended by Section 6, Chapter

14  15, O.S.L. 2023 (70 O.S. Supp. 2024, Section 24-

    100.4), which relates to the control and discipline

15  of a child; requiring certain policy to be updated

    annually; modifying who can report incidents of

16  bullying; requiring anonymous reports to be

    investigated in certain manner; providing immunity

17  from a cause of action for certain individuals making

    certain reports of bullying; requiring notification

18  of the parents or legal guardians of certain students

    within certain time period of receiving a report of

19  bullying; requiring immediate notification of the

    parents or legal guardians of certain students who

20  express certain thoughts or intentions; requiring

    certain policy to contain a statement prohibiting

21  retaliation against certain school employees;

    requiring a district board of education to hold

22  certain public hearing prior to adoption of certain

    policy and any modifications to certain policy;

23  providing for notice of hearing; requiring submission

    of certain policy to the State Department of

24  Education within certain time period; requiring a

    Req. No. 11671                                         Page 1
1           superintendent to submit certain report to a district

            board of education at least once each semester;

2           requiring a district board of education to provide

            certain policy and explanation to employees; and

3           providing an effective date.

4

5

6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

7   SECTION 1.      AMENDATORY         21 O.S. 2021, Section 1172, is

8 amended to read as follows:

9   Section 1172. A. It shall be unlawful for a person who to, by

10 means of a telecommunication or, other electronic communication

11 device, or online platform, willfully either:

12  1. Makes Make any comment, request, suggestion, or proposal

13 which is obscene, lewd, lascivious, filthy, or indecent with intent

14 to harass or threaten to inflict injury, physical harm, or severe

15 emotional distress to any person;

16  2. Makes Make a telecommunication or, other electronic

17 communication, or post on an online platform, including text, sound,

18 or images, with intent to terrify, intimidate or harass, or threaten

19 to inflict injury or physical harm to any person or property of that

20 person;

21  3. Makes Make a telecommunication or, other electronic

22 communication, or post on an online platform, whether or not

23 conversation ensues, with intent to put the party called any person

24 in fear of physical harm or death;

    Req. No. 11671                                                  Page 2
1   4. Makes Make a telecommunication or, other electronic

2 communication, or post on an online platform, including text, sound,

3 or images, whether or not conversation ensues, without disclosing

4 the identity of the person making the call or, communication, or

5 post and with intent to annoy, abuse, threaten, or harass any person

6 at which the called number communication is directed;

7   5. Knowingly permits permit any telecommunication or, other

8 electronic communication, or online platform account under the

9 control of the person to be used for any purpose prohibited by this

10 section; and

11  6. In conspiracy or concerted action with other persons, makes

12 make repeated or simultaneous calls or, electronic communications,

13 or simultaneous calls or electronic communications posts on an

14 online platform solely to harass any person at the called number(s)

15 number or on the online platform; or

16  7. Commit an act of bullying, as defined in Section 24-100.3 of

17 Title 70 of the Oklahoma Statutes.

18  B. As used in this section, "telecommunication":

19  1. "Online platform" means a website or online application that

20 is open to the public, allows a user to create an account, and

21 enables users to communicate with other users for the primary

22 purpose of posting information, comments, messages, or images;

23  2. "Telecommunication" and "electronic communication" mean any

24 type of telephonic, electronic, or radio communications, or

    Req. No. 11671                                                 Page 3
1 transmission of signs, signals, data, writings, images and sounds,

2 or intelligence of any nature by telephone, including cellular

3 telephones, wire, cable, radio, electromagnetic, photoelectronic, or

4 photo-optical system or the creation, display, management, storage,

5 processing, transmission, or distribution of images, text, voice,

6 video, or data by wire, cable, or wireless means, including the

7 Internet. The term includes a:

8   1. A

9   a. communication initiated by electronic mail, instant

10        message, network call, or facsimile machine including

11        text, sound, or images;,

12  2. A

13  b. communication made to a pager;, or

14  3. A

15  c. communication including text, sound, or images posted

16        to a social media or other public media source; and

17  3. "Severe emotional distress" means significant mental

18 suffering or distress that requires medical or other professional

19 treatment or counseling.

20  C. Use of a telephone or other electronic communications

21 facility under this section shall include all use made of such a

22 facility between the points of origin and reception. Any offense

23 under this section is a continuing offense and shall be deemed to

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    Req. No. 11671                                                 Page 4
1 have been committed at either the place of origin or the place of

2 reception.

3   D. Except as provided in subsection E of this section, any 1.

4 Any person who is convicted of under the provisions of subsection A

5 of this section, shall be guilty of a misdemeanor punishable by a

6 fine not to exceed Five Hundred Dollars ($500.00), or by

7 imprisonment in the county jail not to exceed one (1) year, or by

8 both such fine and imprisonment.

9   E. 2. Any person who is convicted of a second offense under the

10 provisions of subsection A of this section shall be guilty of a

11 felony punishable by a fine not to exceed One Thousand Dollars

12 ($1,000.00), or by imprisonment in the custody of the Department of

13 Corrections not to exceed two (2) years, or by both such fine and

14 imprisonment.

15  3. Any person who is convicted of a third or subsequent offense

16 under the provisions of subsection A of this section shall be guilty

17 of a felony punishable by a fine of not less than Five Thousand

18 Dollars ($5,000.00) and not more than One Hundred Thousand Dollars

19 ($100,000.00), or by imprisonment in the custody of the Department

20 of Corrections not to exceed ten (10) years, or by both such fine

21 and imprisonment.

22  SECTION 2.        AMENDATORY    21 O.S. 2021, Section 1953, is

23 amended to read as follows:

24  Section 1953. A. It shall be unlawful to:

    Req. No. 11671                                                  Page 5
1   1. Willfully, and without authorization, gain or attempt to

2 gain access to and damage, modify, alter, delete, destroy, copy,

3 make use of, use malicious computer programs on, disclose or take

4 possession of a computer, computer system, computer network, data or

5 any other property;

6   2. Use a computer, computer system, computer network or any

7 other property as hereinbefore defined for the purpose of devising

8 or executing a scheme or artifice with the intent to defraud,

9 deceive, extort or for the purpose of controlling or obtaining

10 money, property, data, services or other thing of value by means of

11 a false or fraudulent pretense or representation;

12  3. Willfully exceed the limits of authorization and damage,

13 modify, alter, destroy, copy, delete, disclose or take possession of

14 a computer, computer system, computer network, data or any other

15 property;

16  4. Willfully and without authorization, gain or attempt to gain

17 access to a computer, computer system, computer network, data or any

18 other property;

19  5. Willfully and without authorization use or cause to be used

20 computer services;

21  6. Willfully and without authorization disrupt or cause the

22 disruption of computer services or deny or cause the denial of

23 access or other computer services to an authorized user of a

24 computer, computer system or computer network, other than an

    Req. No. 11671                                                 Page 6
1 authorized entity acting for a legitimate business purpose with the

2 effective consent of the owner;

3   7. Willfully and without authorization provide or assist in

4 providing a means of accessing a computer, computer system, data or

5 computer network in violation of this section;

6   8. Willfully use a computer, computer system, or computer

7 network to annoy, abuse, threaten, or harass another person, or

8 other electronic device or system that violates a provision of

9 subsection A of Section 1172 of this title;

10  9. Willfully use a computer, computer system, or computer

11 network, or other electronic device or system to put another person

12 in fear of physical harm or death; and

13  10. Willfully use a computer, computer system, computer

14 network, or other electronic device or system that violates any of

15 the provisions of Section 813, 814, or 815 of this title; or

16  11. Willfully solicit another, regardless of any financial

17 consideration or exchange of property, of any acts described in

18 paragraphs 1 through 9 10 of this subsection.

19  B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9

20 or, 10, or 11 of subsection A of this section shall be guilty of a

21 felony punishable as provided in Section 1955 of this title.

22  C. Any person convicted of violating paragraph 4, 5 or 8 of

23 subsection A of this section shall be guilty of a misdemeanor.

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    Req. No. 11671                                                  Page 7
1   D. Nothing in the Oklahoma Computer Crimes Act shall be

2 construed to prohibit the monitoring of computer usage of, or the

3 denial of computer or Internet access to, a child by a parent, legal

4 guardian, legal custodian, or foster parent. As used in this

5 subsection, "child" shall mean any person less than eighteen (18)

6 years of age.

7   E. Nothing in the Oklahoma Computer Crimes Act shall be

8 construed to prohibit testing by an authorized entity, the purpose

9 of which is to provide to the owner or operator of the computer,

10 computer system or computer network an evaluation of the security of

11 the computer, computer system or computer network against real or

12 imagined threats or harms.

13  SECTION 3.      AMENDATORY  70 O.S. 2021, Section 24-100.3, is

14 amended to read as follows:

15  Section 24-100.3. A. As used in the School Safety and Bullying

16 Prevention Act:

17  1. "Bullying" means any pattern of harassment, intimidation,

18 threatening behavior, physical acts, or verbal or electronic

19 communication directed toward a student or group of students that

20 results in or is reasonably perceived as being done with the intent

21 to cause negative educational or physical results for the targeted

22 individual or group and is communicated in such a way as to disrupt

23 or interfere with the school's educational mission or the education

24 of any student;

    Req. No. 11671                                               Page 8
1   2. "At school" "On school premises" means on school grounds, in

2 school vehicles, at school-sponsored activities, or at school-

3 sanctioned events;

4   3. "Electronic communication" means the communication of any

5 written, verbal, or pictorial information or video content by means

6 of an electronic device, including, but not limited to, a telephone,

7 a mobile or cellular telephone or other wireless telecommunication

8 device, or a computer; and

9   4. "Threatening behavior" means any pattern of behavior or

10 isolated action, whether or not it is directed at another person,

11 that a reasonable person would believe indicates potential for

12 future harm to students, school personnel, or school property.

13  B. Nothing in this act Section 24-100.1 et seq. of this title

14 shall be construed to impose a specific liability on any school

15 district.

16  SECTION 4.        AMENDATORY  70 O.S. 2021, Section 24-100.4, as

17 amended by Section 6, Chapter 15, O.S.L. 2023 (70 O.S. Supp. 2024,

18 Section 24-100.4), is amended to read as follows:

19  Section 24-100.4. A. Each school district board of education

20 shall adopt a policy for the discipline of all children attending

21 public school in that district, and for the investigation of

22 reported incidents of bullying. The policy shall provide options

23 for the discipline of the students and shall define standards of

24

    Req. No. 11671                                                  Page 9
1 conduct to which students are expected to conform. The policy

2 shall:

3   1. Specifically address bullying by students at school on

4 school premises and by electronic communication, if the

5 communication is specifically directed at students or school

6 personnel and concerns bullying at school is communicated in such a

7 way as to disrupt or interfere with the school's educational mission

8 or the education of any student;

9   2. Contain a procedure for reporting a student, a school

10 employee, a school volunteer, or a parent or legal guardian to

11 report an act of bullying to a school official or law enforcement

12 agency, including a provision that permits a person to report an act

13 anonymously. No formal disciplinary action shall be taken solely on

14 the basis of an anonymous report;

15  3. Contain a requirement that any school employee that has

16 reliable information that would lead a reasonable person to suspect

17 that a person is a target of bullying shall immediately report it to

18 the principal or a designee of the principal. A school employee,

19 school volunteer, a student, or the parent or legal guardian of a

20 student who promptly reports in good faith an incident of bullying

21 to a school official and who makes the report in compliance with the

22 provisions of this section shall be immune from a cause of action

23 for damages arising out of the reporting itself or any failure to

24 remedy the reported incident of bullying;

    Req. No. 11671                                                 Page 10
1   4. Contain a statement of how the policy is to be publicized

2 including a requirement that:

3   a. an annual written notice of the policy be provided to

4   parents, legal guardians, staff, volunteers, and

5   students, with age-appropriate language for students,

6   b. notice of the policy be posted at various locations

7   within each school site, including, but not limited

8   to, cafeterias, school bulletin boards, and

9   administration offices,

10  c. the policy be posted on the Internet website for the

11  school district and each school site that has an

12  Internet website, and

13  d. the policy be included in all student and employee

14  handbooks;

15  5. Require that appropriate school district personnel involved

16 in investigating reports of bullying make a determination regarding

17 whether the conduct is actually occurring;

18  6. Contain a procedure and requirement for providing

19 notification to the parents or legal guardians of the reported

20 victim of bullying and the parents or legal guardians of the

21 reported perpetrator of the bullying within twenty-four (24) hours

22 of receipt of the report of bullying and providing timely

23 notification to the parents or legal guardians of a victim of

24 documented and verified bullying and to the parents or legal

    Req. No. 11671                                                 Page 11
1 guardians of the perpetrator of the documented and verified

2 bullying; provided, if a student expresses suicidal thoughts or

3 intentions or encourages another student to commit suicide, the

4 parents or legal guardians of the student(s) shall be notified

5 immediately;

6   7. Identify by job title the school official responsible for

7 enforcing the policy at each school site within a school district;

8   8. Contain procedures for reporting to law enforcement all

9 documented and verified acts of bullying which may constitute

10 criminal activity or reasonably have the potential to endanger

11 school safety;

12  9. Require training for administrators and school employees,

13 including school resource officers, as developed and provided by the

14 State Department of Education in preventing, identifying, responding

15 to, and reporting incidents of bullying. The training shall be

16 completed the first year an administrator or school employee is

17 employed by a school district, and then once every fifth academic

18 year;

19  10. Provide for an educational program as designed and

20 developed by the State Department of Education and in consultation

21 with the Office of Juvenile Affairs for students and parents in

22 preventing, identifying, responding to and reporting incidents of

23 bullying;

24

    Req. No. 11671                                                 Page 12
1   11. Establish a procedure for referral of a person who commits

2 an act of bullying to a delinquency prevention and diversion program

3 administered by the Office of Juvenile Affairs;

4   12. Address prevention by providing:

5   a. consequences and remedial action for a person who

6   commits an act of bullying,

7   b. consequences and remedial action for a student found

8   to have falsely accused another as a means of

9   retaliation, reprisal, or as a means of bullying, and

10  c. a strategy for providing counseling or referral to

11  appropriate services, including guidance, academic

12  intervention, and other protection for students, both

13  targets and perpetrators, and family members affected

14  by bullying, as necessary;

15  13. Establish a procedure for:

16  a. the investigation, determination, and documentation of

17  all incidents of bullying reported to school

18  officials,

19  b. identifying the principal or a designee of the

20  principal as the person responsible for investigating

21  incidents of bullying,

22  c. reporting the number of incidents of bullying, and

23  d. determining the severity of the incidents and their

24  potential to result in future violence;

    Req. No. 11671                                     Page 13
1   14. Establish a procedure whereby, upon completing an

2 investigation of bullying, a school may recommend that available

3 community mental health care, substance abuse or other counseling

4 options be provided to the student, if appropriate; and

5   15. Establish a procedure whereby a school may request the

6 disclosure of any information concerning students who have received

7 mental health, substance abuse, or other care pursuant to paragraph

8 14 of this subsection that indicates an explicit threat to the

9 safety of students or school personnel, provided the disclosure of

10 the information does not violate the requirements and provisions of

11 the Family Educational Rights and Privacy Act of 1974, the Health

12 Insurance Portability and Accountability Act of 1996, Section 2503

13 of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of

14 the Oklahoma Statutes, or any other state or federal laws regarding

15 the disclosure of confidential information; and

16  16. Contain a statement prohibiting retaliation against a

17 school employee who notifies the district board of education or the

18 State Department of Education of noncompliance with the provisions

19 of this section.

20  B. 1. In developing the policy, the district board of

21 education shall make an effort to involve the teachers, parents,

22 administrators, school staff, school volunteers, community

23 representatives, local law enforcement agencies, and students.

24

    Req. No. 11671                                                Page 14
1   2. Before adopting the policy required by this section or any

2 modifications to the policy, the district board of education shall

3 hold at least one public hearing on the proposed policy or

4 modifications to the policy. The public hearing may be held as part

5 of a regularly scheduled board meeting. The district board of

6 education shall provide notice of the public hearing to students and

7 the parents or legal guardians of students using social media and at

8 least one other communication method regularly used by the board of

9 education.

10  3. Within thirty (30) days of approving the policy required by

11 this section or any modifications, the district board of education

12 shall submit a copy to the State Department of Education.

13  4. The students, teachers, and parents or guardian legal

14 guardians of every child residing within a school district shall be

15 notified by the district board of education of its adoption of the

16 policy and shall receive a copy upon request. The school district

17 policy shall be implemented in a manner that is ongoing throughout

18 the school year and is integrated with other violence prevention

19 efforts.

20  C. The teacher of a child attending a public school shall have

21 the same right as a parent or legal guardian to control and

22 discipline such child according to district policies during the time

23 the child is in attendance or in transit to or from the school or

24

    Req. No. 11671                                               Page 15
1 any other school function authorized by the school district or

2 classroom presided over by the teacher.

3   D. Except concerning students on individualized education plans

4 (IEP) pursuant to the Individuals with Disabilities Education Act

5 (IDEA), P.L. No. 101-476, the State Board of Education shall not

6 have authority to prescribe student disciplinary policies for school

7 districts or to proscribe corporal punishment in the public schools.

8 The State Board of Education shall not have authority to require

9 school districts to file student disciplinary action reports more

10 often than once each year and shall not use disciplinary action

11 reports in determining a school district's or school site's

12 eligibility for program assistance including competitive grants.

13  E. The board of education of each school district in this state

14 shall have the option of adopting a dress code for students enrolled

15 in the school district. The board of education of a school district

16 shall also have the option of adopting a dress code which includes

17 school uniforms.

18  F. The board of education of each school district in this state

19 shall have the option of adopting a procedure that requires students

20 to perform campus-site service for violating the district's policy.

21  G. The State Board of Education shall:

22  1. Promulgate rules for periodically monitoring school

23 districts for compliance with this section and providing sanctions

24 for noncompliance with this section;

    Req. No. 11671                                                Page 16
1   2. Establish and maintain a central repository for the

2 collection of information regarding documented and verified

3 incidents of bullying; and

4   3. Publish a report annually on the State Department of

5 Education website regarding the number of documented and verified

6 incidents of bullying in the public schools in the state.

7   SECTION 5. This act shall become effective November 1, 2025.

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9   60-1-11671      SW        01/13/25

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    Req. No. 11671                                             Page 17
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