Laws Affecting School Board Issues

presented by

Stephanie J. Mather of the

      

HB 2325 – Emergency Shelter

• HB 2325 gives civil immunity to any person or entity that provides services, goods or shelter during a time of emergency, so long as the injury suffered was not a result of willful or wanton negligence by the person or entity providing shelter.

•  Effective November 1, 2014.

HB 2334 – Safety

• HB 2334 amends current language and definitions relating to various crimes of child abuse and sets the punishment for the abuses described.

• The law went into effect on May 9, 2014.

HB 1623 – Suicide Prevention & Training

• HB 1623 allows (but does not mandate) Boards of education to adopt a policy on suicide prevention and training. They may provide training from curriculum created by the Board or approved by the Department of Mental Health. Provides immunities.

•  Effective May 28, 2014.

HB 2372 – Social Media Access

• HB 2372 prohibits employers from requesting or requiring access to social media accounts of employees or potential employees.

• Effective November 1, 2014.

SB 1602 – Tobacco Products

• SB 1602 amends current statutes relating to tobacco products and minors. Anyone who furnishes a minor with any form of vapor products shall be guilty of a misdemeanor. Any minor in possession of a vapor product shall also be guilty of a misdemeanor. The bill also provides regulations for shops and vending machines that sell vapor products.

• Effective November 1, 2014.

SB 1914 – Juvenile Arrest

• SB 1914 provides that any arrest or detention under the Oklahoma Juvenile Code or any juvenile adjudication shall not be considered an arrest, detention, or conviction for purposes of employment, civil rights, or any statute, regulation, license, questionnaire, application, or any other public or private purposes, unless otherwise provided by law.

• The law went into effect May 22, 2014.

SB 934 – Firearm Possession by Minors

SB 934 amends language relation to the possession of firearms by minors. It allows parents/legal guardians, or persons acting with the permission of parents/legal guardians to provide firearms for safety training and other educational purposes, as well as for participation in shooting competitions.

The measure also prohibits parents/legal guardians from permitting a minor’s possession of firearms if the child has been convicted for any criminal offense that contains the threat of physical force.

This law will go into effect on August 21, 2014.

HB 2496 – Firearms

• HB 2496 amends Oklahoma criminal statutes related to the possession of firearms on public and private school property. The measure allows certain military, veterans, and ROTC groups to possess guns, knives, or other weapons for usage in an assembly, ceremony, or other educational program as approved by school district administration—provided that the weapon is unloaded or otherwise inoperable while on school property.

• Effective November 1, 2014.

HB 2614 – Firearms Possession

• HB 2614 permits any person in possession of a valid handgun license to leave a handgun stored and hidden from view in a locked motor vehicle parked on school property at any public or private elementary or secondary school in the state.

• Effective November 1, 2014.

SB 1744 – Campaign Finance

• SB 1744 amends current statutes relating to campaign finance. It modifies definitions, outlines campaign contribution limits as set forth in the rules of the Ethics Commission, and places donation restrictions on corporations, labor unions, limited liability companies, and partnerships.

• Effective January 1, 2015.

SB 1745 – Candidates for Elections

• SB 1745 updates language relating to campaign finance disclosures. Under SB 1745, individuals running for public office—including school board elections—must create a campaign committee. Candidates are required to file paperwork with the school board clerk if they meet certain requirements.

• Effective January 1, 2015.

SB 1497 – Open Meetings Act

SB 1497 authorizes civil lawsuits against persons who violate the Oklahoma Open Meetings Act. If successful, the person(s) bringing the suit shall be entitled to reasonable attorney fees, but if the public body successfully defends the lawsuit and the court finds that the suit was clearly frivolous, the public body shall be entitled to reasonable attorney fees.

Effective November 1, 2014.

HB 2366 – Citizens Participation Act

• HB 2366 creates, defines, and provides rules for the Oklahoma Citizens Participation Act.

• Effective November 1, 2014.

SB 1143 – Pledge of Allegiance

SB 1143 requires the board of education of each district to display a United States flag, and requires all public school schools to recite the Pledge of Allegiance to the U.S. Flag and salute the Flag of the State of Oklahoma at least once per week.

The measure provides an opt-out for students wishing not to participate.

Effective July 1, 2014.

SB 1295 – School Safety Drills

SB 1295 relates to school safety drills—it grants individual school districts discretion in determining the amount of student involvement in intruder drills.

Effective July 1, 2014.

HB 2497 – Reading Sufficiency Act

• HB 2497 modifies the Reading Sufficiency Act to allow Pre-K retention to count toward a good cause exemption, providing the student is held back in Pre-K for academic reasons. In addition, the measure requires the State Board of Education to provide limited exemptions from state mandated testing for students facing exceptional emergency circumstances involving themselves, their parents/guardians and/or siblings. The bill also requires the State Department of Education to study why some students are successful in acquiring reading skills and help replicate those instructional practices elsewhere.

• The law went into effect on May 28, 2014.

HB 2625 – Reading Sufficiency Act

• HB 2625 modifies mandatory third-grade retention requirements for the 2013-14 and 2014-15 academic years by providing that a team consisting of the student’s parent or guardian, the third grade teacher, a fourth grade teacher, the school principal, and a certified reading specialist employed by the school make decisions regarding the retention or promotion of a student. The team is then required to develop an intensive intervention plan and monitor the student’s progress. HB 2625 also allows students to demonstrate reading proficiency on an approved screening instrument.

• The law went into effect on May 21, 2014

HB 2626 – School Transfers

• HB 2626 repeals language that relates to the application for a school transfer under the Education Open Transfer Act, because 2 conflicting statutes were enacted in 2013.

• Effective November 1, 2014.

HB 2536 – Parental Care & Custody

• HB 2536 permits a parent or guardian of a child to execute a power of attorney to delegate care and custody powers to another person for a period not to exceed one year. Under this law, residency of the child switches to the person who holds the power of attorney.

• The law went into effect on April 23, 2014.

HB 1384 – Parental Rights

• HB 1384 creates the “Parent’s Bill of Rights.” The measure provides that all parental rights are reserved to a parent of a minor child without obstruction or interference from the state—including the right to access and review records, review all curriculum and learning materials, approve the administration of medical treatment, etc. The bill also requires school boards to develop and adopt a policy to promote the involvement of parents and guardians in school district activities.

• Effective November 1, 2014.

SB 436 – School Administration

• SB 436 authorizes the State Department of Education to establish Regional Education Administrative Districts (READs) to provide administrative services to school districts with fewer than 1,000 students.

• Effective on August 21, 2014 if signed by the Governor.

Thanks for Listening

• Any questions?• Stephanie J. Mather, Attorney• Oklahoma State School Boards

Association• stephaniem@ossba.org