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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 757 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to school discipline; amending 70
7 O.S. 2021, Section 24-101.3, which relates to out-of-
8 school suspension; updating statutory language;
8 adding reason for which students may be suspended
9 out-of-school; adding reason for which a public
9 school is not required to provide certain education
10 services; prohibiting a student who has been
10 suspended for committing certain act from returning
11 to certain classroom without approval of certain
11 classroom teacher; providing an effective date; and
12 declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-101.3, is
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17 amended to read as follows:
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18 Section 24-101.3. A. Any student who is guilty of an act
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19 described in paragraph 1 of subsection C of this section may be
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20 suspended out-of-school in accordance with the provisions of this
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21 section. Each school district board of education shall adopt a
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22 policy with procedures which provides for out-of-school suspension
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23 of students. The policy shall address the term of the out-of-school
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24 suspension, provide an appeals process as described in subsection B
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1 of this section, and provide that before a student is suspended out-
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2 of-school, the school or district administration shall consider and
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3 apply, if appropriate, alternative in-school placement options that
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4 are not to be considered suspension, such as placement in an
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5 alternative school setting, reassignment to another classroom, or
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6 in-school detention. The policy shall address education for
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7 students subject to the provisions of subsection D of this section
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8 and whether participation in extracurricular activities shall be
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9 permitted.
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10 B. 1. Students suspended out-of-school for ten (10) or fewer
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11 days shall have the right to appeal the decision of the
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12 administration as provided in the policy required in subsection A of
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13 this section. The policy shall specify whether appeals for short-
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14 term suspensions as provided in this subsection shall be to a local
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15 committee composed of district administrators or, teachers, or both,
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16 or to the school district board of education. Upon full
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17 investigation of the matter, the committee or board shall determine
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18 the guilt or innocence of the student and the reasonableness of the
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19 term of the out-of-school suspension. If the policy requires
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20 appeals for short-term suspensions to a committee, the policy
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21 adopted by the board may, but is not required to, provide for appeal
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22 of the committee's decision to the board.
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23 2. Students suspended out-of-school for more than ten (10) days
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24 and students suspended pursuant to the provisions of paragraph 2 of
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1 subsection C of this section may request a review of the suspension
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2 with the administration of the district. If the administration does
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3 not withdraw the suspension, the student shall have the right to
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4 appeal the decision of the administration to the school district
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5 board of education. Except as otherwise provided for in paragraph 2
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6 of subsection C of this section, no out-of-school suspension shall
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7 extend beyond the current semester and the succeeding semester.
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8 Upon full investigation of the matter, the board shall determine the
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9 guilt or innocence of the student and the reasonableness of the term
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10 of the out-of-school suspension. A board of education may conduct
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11 the hearing and render the final decision or may appoint a hearing
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12 officer to conduct the hearing and render the final decision. The
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13 decision of the school district board of education or the hearing
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14 officer, if applicable, shall be final.
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15 C. 1. Students who are guilty of any of the following acts may
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16 be suspended out-of-school by the administration of the school or
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17 district:
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18 a. violation of a school regulation,
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19 b. possession of an intoxicating beverage, low-point
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20 beer, as defined by Section 163.2 of Title 37 of the
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21 Oklahoma Statutes, or missing or stolen property if
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22 the property is reasonably suspected to have been
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23 taken from a student, a school employee, or the school
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24 during school activities, and
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1 c. possession of a dangerous weapon or a controlled
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2 dangerous substance while on or within two thousand
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3 (2,000) feet of public school property, or at a school
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4 event, as defined in the Uniform Controlled Dangerous
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5 Substances Act. Possession of a firearm shall result
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6 in out-of-school suspension as provided in paragraph 2
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7 of this subsection, and
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8 d. demonstration of threatening behavior as defined by
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9 Section 24-100.8 of this title.
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10 2. Any student found in possession of a firearm while on any
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11 public school property or while in any school bus or other vehicle
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12 used by a public school for transportation of students or teachers
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13 shall be suspended out-of-school for a period of not less than one
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14 (1) year, to be determined by the school district board of education
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15 pursuant to the provisions of this section. The term of the
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16 suspension may be modified by the district superintendent on a case-
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17 by-case basis. For purposes of this paragraph the term "firearm"
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18 shall mean and include all weapons as defined by 18 U.S.C., Section
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19 921.
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20 3. Any student in grades six through twelve found to have
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21 assaulted, attempted to cause physical bodily injury, or acted in a
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22 manner that could reasonably cause bodily injury to a school
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23 employee or a person volunteering for a school as prohibited
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24 pursuant to Section 6-146 of this title shall be suspended for the
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1 remainder of the current semester and the next consecutive semester,
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2 to be determined by the board of education pursuant to the
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3 provisions of this section. The term of the suspension may be
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4 modified by the district superintendent on a case-by-case basis.
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5 D. At its discretion a school district may provide an education
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6 plan for students suspended out-of-school for five (5) or fewer days
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7 pursuant to the provisions of this subsection. The following
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8 provisions shall apply to students who are suspended out-of-school
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9 for more than five (5) days and who are guilty of acts listed in
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10 subparagraphs a and, b, and d of paragraph 1 of subsection C of this
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11 section. Upon the out-of-school suspension, the parent or guardian
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12 of a student suspended out-of-school pursuant to the provisions of
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13 this subsection shall be responsible for the provision of a
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14 supervised, structured environment in which the parent or guardian
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15 shall place the student and bear responsibility for monitoring the
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16 student's educational progress until the student is readmitted into
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17 school. The school administration shall provide the student with an
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18 education plan designed for the eventual reintegration of the
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19 student into school which provides only for the core units in which
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20 the student is enrolled. A copy of the education plan shall also be
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21 provided to the student's parent or guardian. For the purposes of
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22 this section, the core units shall consist of the minimum English,
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23 mathematics, science, social studies, and art units required by the
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24 State Board of Education for grade completion in grades kindergarten
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1 through eight and for high school graduation in grades nine through
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2 twelve. The plan shall set out the procedure for education and
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3 shall address academic credit for work satisfactorily completed.
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4 E. A student who has been suspended out-of-school from a public
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5 or private school in the State of Oklahoma this state or another
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6 state for a violent act or an act showing deliberate or reckless
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7 disregard for the health or safety of faculty or other students
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8 shall not be entitled to enroll in a public school of this state,
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9 and no public school shall be required to enroll the student, until
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10 the terms of the suspension have been met or the time of suspension
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11 has expired.
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12 F. 1. No public school of this state shall be required to
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13 provide education services in the regular school setting to any
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14 student who has been:
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15 a. adjudicated as a delinquent for an offense defined as
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16 a violent crime in Section 571 of Title 57 of the
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17 Oklahoma Statutes,
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18 b. convicted as an adult of an offense defined as a
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19 violent crime in Section 571 of Title 57 of the
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20 Oklahoma Statutes,
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21 c. who has been removed from a public or private school
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22 in the State of Oklahoma this state or another state
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23 by administrative or judicial process for a violent
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1 act or an act showing deliberate or reckless disregard
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2 for the health or safety of faculty or other students,
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3 d. suspended as provided for in paragraph 3 of subsection
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4 C of this section, or
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5 e. has been removed from a public or private school in
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6 the this state or another state by administrative or
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7 judicial process for an act of using electronic
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8 communication, as defined in Section 24-100.3 of this
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9 title, with intent to terrify, intimidate or harass,
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10 or threaten to inflict injury or physical harm to
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11 faculty or other students or for committing an act of
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12 threatening behavior as defined by Section 24-100.8 of
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13 this title.
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14 2. The school in which a student as described in paragraph 1 of
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15 this subsection is subsequently enrolled may elect to not provide
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16 education services in the regular school setting until the school
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17 determines that the student no longer poses a threat to self, other
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18 students, or school district faculty or employees. Until the school
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19 in which such student subsequently enrolls or re-enrolls determines
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20 that the student no longer poses a threat to self, other students,
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21 or school district faculty or employees, the school may provide
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22 education services through an alternative school setting, home-based
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23 instruction, or other appropriate setting. If the school provides
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24 education services to the student at a district school facility, the
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1 school shall notify any student or school district faculty or
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2 employee victims of the student, when known, and shall ensure that
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3 the student will shall not be allowed in the general vicinity of or
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4 contact with a victim of the student, provided the victim notifies
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5 the school of the victim's desire to refrain from contact with the
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6 offending student.
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7 G. Students suspended out-of-school who are on an
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8 individualized education plan pursuant to the Individuals with
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9 Disabilities Education Act, P.L. No. 101-476, or who are subject to
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10 the provisions of subsection F of this section and who are on an
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11 individualized education plan shall be provided the education and
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12 related services in accordance with the student's individualized
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13 education plan.
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14 H. 1. A student who has been suspended for a violent offense
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15 which is directed towards a classroom teacher shall not be allowed
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16 to return to that teacher's classroom without the approval of that
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17 teacher.
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18 2. A student who has been suspended for committing an act of
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19 threatening behavior as defined by Section 24-100.8 of this title
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20 which is directed towards a classroom teacher shall not be allowed
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21 to return to that teacher's classroom without the approval of that
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22 teacher.
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23 I. At its discretion, a school district may require a student
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24 guilty of acts listed in subparagraph a or, b, or d of paragraph 1
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1 of subsection C of this section to complete intervention and
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2 prevention programs as provided by designated Youth Service
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3 Agencies, if available.
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4 J. No school district board of education, administrator, or
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5 teacher may be held civilly liable for any action taken in good
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6 faith which is authorized by this section.
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7 SECTION 2. This act shall become effective July 1, 2025.
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8 SECTION 3. It being immediately necessary for the preservation
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9 of the public peace, health, or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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Req. No. 708 Page 9Every fact on this page links to its source, starting with the official bill record.