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ENGROSSED HOUSE
BILL NO. 2017 By: Pae of the House
and
Seifried of the Senate
An Act relating to bullying; amending 21 O.S. 2021,
Section 813, which relates to aiding suicide;
modifying definition; amending 21 O.S. 2021, Section
1172, which relates to obscene, threatening, or
harassing electronic communications; modifying
prohibitions of certain communications; prohibiting
certain terrifying, intimidating, threatening or
harassing behavior; clarifying statutory language;
clarifying lawful applications; amending 21 O.S.
2021, Section 1953, which relates to the Oklahoma
Computer Crimes Act; adding electronic devices to
certain prohibited uses; clarifying constitutional
and lawful applicability; amending 70 O.S. 2021,
Section 24-100.3, which relates to definitions under
the School Safety and Bullying Prevention Act;
modifying definition; updating statutory reference;
amending 70 O.S. 2021, Section 24-100.4, as amended
by Section 6, Chapter 15, O.S.L. 2023 (70 O.S. Supp.
2024, Section 24-100.4), which relates to the control
and discipline of a child; requiring certain policy
to be updated annually; modifying who can report
incidents of bullying; requiring anonymous reports to
be investigated in certain manner; providing immunity
from a cause of action for certain individuals making
certain reports of bullying; requiring notification
of the parents or legal guardians of certain students
within certain time period of receiving a report of
bullying; requiring immediate notification of the
parents or legal guardians of certain students who
express certain thoughts or intentions; requiring
certain policy to contain a statement prohibiting
retaliation against certain school employees;
requiring a district board of education to hold
certain public hearing prior to adoption of certain
policy and any modifications to certain policy;
providing for notice of hearing; requiring submission
of certain policy to the State Department of
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Education within certain time period; requiring a
superintendent to submit certain report to a district
board of education at least once each semester;
requiring a district board of education to provide
certain policy and explanation to employees; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 813, is
amended to read as follows:
Section 813. Every person who willfully, in any manner,
advises, encourages, abets, or assists another person in taking his
or her own life, is guilty of aiding suicide.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1172, is
amended to read as follows:
Section 1172. A. It shall be unlawful for a person who, by
means of a telecommunication or other electronic communication
device, willfully either to knowingly terrify, intimidate, threaten
or harass a specific person by doing any of the following:
1. Makes Directing any comment, request, suggestion, or
proposal which is obscene, lewd, lascivious, filthy, or indecent to
that person;
2. Makes Make a telecommunication, or other electronic
communication, including text, sound, or images, with intent to
terrify, intimidate or harass, or threaten to inflict injury or
physical harm to any person or property of that person;
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3. Makes Make a telecommunication, or other electronic
communication, whether or not conversation ensues, with intent to
put the party called in fear of physical harm or death;
4. Makes a telecommunication or other electronic communication,
including text, sound or images whether or not conversation ensues,
without disclosing the identity of the person making the call or
communication and with intent to annoy, abuse, threaten, or harass
any person at the called number Otherwise disturb by repeated,
unwanted, or unsolicited electronic communications the peace, quiet,
or right of privacy of the person at the place where the
communication was received;
5. Knowingly permits permit any telecommunication, or other
electronic communication, under the control of the person to be used
for any purpose prohibited by this section; and
6. In conspiracy or concerted action with other persons, makes
repeated calls or electronic communications or simultaneous calls or
electronic communications solely to harass any person at the called
number(s).
B. As used in this section, "telecommunication" and "electronic
communication" mean any type of telephonic, electronic, or radio
communications, or transmission of signs, signals, data, writings,
images and sounds, or intelligence of any nature by telephone,
including cellular telephones, wire, cable, radio, electromagnetic,
photoelectronic, or photo-optical system or the creation, display,
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management, storage, processing, transmission, or distribution of
images, text, voice, video, or data by wire, cable, or wireless
means, including the Internet. The term includes:
1. A communication initiated by electronic mail, instant
message, network call, or facsimile machine including text, sound,
or images;
2. A communication made to a pager; or
3. A communication including text, sound, or images posted to a
social media or other public media source which is directed at a
particular person.
C. Use of a telephone or other electronic communications
facility under this section shall include all use made of such a
facility between the points of origin and reception. Any offense
under this section is a continuing offense and shall be deemed to
have been committed at either the place of origin or the place of
reception.
D. Except as provided in subsection E of this section, any
person who is convicted of any of the provisions of subsection A of
this section, shall be guilty of a misdemeanor.
E. Any person who is convicted of a second offense under this
section shall be guilty of a felony.
F. This section does not apply to constitutionally protected
speech or activity or to any other activity authorized by law.
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SECTION 3. AMENDATORY 21 O.S. 2021, Section 1953, is
amended to read as follows:
Section 1953. A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to
gain access to and damage, modify, alter, delete, destroy, copy,
make use of, use malicious computer programs on, disclose or take
possession of a computer, computer system, computer network, data or
any other property;
2. Use a computer, computer system, computer network or any
other property as hereinbefore defined for the purpose of devising
or executing a scheme or artifice with the intent to defraud,
deceive, extort or for the purpose of controlling or obtaining
money, property, data, services or other thing of value by means of
a false or fraudulent pretense or representation;
3. Willfully exceed the limits of authorization and damage,
modify, alter, destroy, copy, delete, disclose or take possession of
a computer, computer system, computer network, data or any other
property;
4. Willfully and without authorization, gain or attempt to gain
access to a computer, computer system, computer network, data or any
other property;
5. Willfully and without authorization use or cause to be used
computer services;
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6. Willfully and without authorization disrupt or cause the
disruption of computer services or deny or cause the denial of
access or other computer services to an authorized user of a
computer, computer system or computer network, other than an
authorized entity acting for a legitimate business purpose with the
effective consent of the owner;
7. Willfully and without authorization provide or assist in
providing a means of accessing a computer, computer system, data or
computer network in violation of this section;
8. Willfully use a computer, computer system, or computer
network, or other electronic device or system to annoy, abuse,
threaten, or harass another person;
9. Willfully use a computer, computer system, or computer
network, or other electronic device or system to put another person
in fear of physical harm or death; and
10. Willfully solicit another, regardless of any financial
consideration or exchange of property, of any acts described in
paragraphs 1 through 9 of this subsection.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9
or 10 of subsection A of this section shall be guilty of a felony
punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of
subsection A of this section shall be guilty of a misdemeanor.
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D. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit the monitoring of computer usage of, or the
denial of computer or Internet access to, a child by a parent, legal
guardian, legal custodian, or foster parent. As used in this
subsection, "child" shall mean any person less than eighteen (18)
years of age.
E. Nothing in the Oklahoma Computer Crimes Act shall be
construed to prohibit testing by an authorized entity, the purpose
of which is to provide to the owner or operator of the computer,
computer system or computer network an evaluation of the security of
the computer, computer system or computer network against real or
imagined threats or harms.
F. Nothing in the Oklahoma Computer Crimes Act shall be
construed to apply to constitutionally protected speech or activity
or to any other activity authorized by law.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 24-100.3, is
amended to read as follows:
Section 24-100.3. A. As used in the School Safety and Bullying
Prevention Act:
1. "Bullying" means any pattern of harassment, intimidation,
threatening behavior, physical acts, or 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
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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;
2. "At school" "On school premises" 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, 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; and
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.
B. Nothing in this act Section 24-100.1 et seq. of this title
shall be construed to impose a specific liability on any school
district.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 24-100.4, as
amended by Section 6, Chapter 15, O.S.L. 2023 (70 O.S. Supp. 2024,
Section 24-100.4), is amended to read as follows:
Section 24-100.4. A. Each school 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
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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:
1. Specifically address bullying by students at school on
school premises and by electronic communication, if the
communication is specifically directed at students or school
personnel and concerns bullying at school is communicated in such a
way as to disrupt or interfere with the school's educational mission
or the education of any student;
2. Contain a procedure for reporting a student, a school
employee, a school volunteer, or a parent or legal guardian to
report 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;
3. 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. A school employee,
school volunteer, a student, or the parent or legal guardian of a
student who promptly reports in good faith an incident of bullying
to a school official and who makes the report in compliance with the
provisions of this section shall be immune from a cause of action
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for damages arising out of the reporting itself or any failure to
remedy the reported incident of bullying;
4. Contain a statement of how the policy is to be publicized
including a requirement that:
a. an annual written notice of the policy be provided to
parents, legal guardians, staff, volunteers, and
students, with age-appropriate language for students,
b. 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,
c. the policy be posted on the Internet website for the
school district and each school site that has an
Internet website, and
d. the policy be included in all student and employee
handbooks;
5. Require that appropriate school district personnel involved
in investigating reports of bullying make a determination regarding
whether the conduct is actually occurring;
6. Contain a procedure and requirement for providing
notification to the parents or legal guardians of the reported
victim of bullying and the parents or legal guardians of the
reported perpetrator of the bullying within twenty-four (24) hours
of receipt of the report of bullying and providing timely
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notification to the parents or legal guardians of a victim of
documented and verified bullying and to the parents or legal
guardians of the perpetrator of the documented and verified
bullying; provided, if a student expresses suicidal thoughts or
intentions or encourages another student to commit suicide, the
parents or legal guardians of the student(s) shall be notified
immediately;
7. Identify by job title the school official responsible for
enforcing the policy at each school site within a school district;
8. 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;
9. Require training for administrators and school employees,
including school resource officers, as developed and provided by the
State Department of Education in preventing, identifying, responding
to, and reporting incidents of bullying. The training shall be
completed the first year an administrator or school employee is
employed by a school district, and then once every fifth academic
year;
10. 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
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preventing, identifying, responding to and reporting incidents of
bullying;
11. 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;
12. Address prevention by providing:
a. consequences and remedial action for a person who
commits an act of bullying,
b. 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
c. 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;
13. Establish a procedure for:
a. the investigation, determination, and documentation of
all incidents of bullying reported to school
officials,
b. identifying the principal or a designee of the
principal as the person responsible for investigating
incidents of bullying,
c. reporting the number of incidents of bullying, and
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d. determining the severity of the incidents and their
potential to result in future violence;
14. 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
15. 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; and
16. Contain a statement prohibiting retaliation against a
school employee who notifies the district board of education or the
State Department of Education of noncompliance with the provisions
of this section.
B. 1. In developing the policy, the district board of
education shall make an effort to involve the teachers, parents,
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administrators, school staff, school volunteers, community
representatives, local law enforcement agencies, and students.
2. Before adopting the policy required by this section or any
modifications to the policy, the district board of education shall
hold at least one public hearing on the proposed policy or
modifications to the policy. The public hearing may be held as part
of a regularly scheduled board meeting. The district board of
education shall provide notice of the public hearing to students and
the parents or legal guardians of students using social media and at
least one other communication method regularly used by the board of
education.
3. Within thirty (30) days of approving the policy required by
this section or any modifications, the district board of education
shall submit a copy to the State Department of Education.
4. The students, teachers, and parents or guardian legal
guardians 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.
C. The teacher of a child attending a public school shall have
the same right as a parent or legal guardian to control and
discipline such child according to district policies during the time
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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.
D. 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.
E. 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.
F. 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.
G. The State Board of Education shall:
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1. Promulgate rules for periodically monitoring school
districts for compliance with this section and providing sanctions
for noncompliance with this section;
2. Establish and maintain a central repository for the
collection of information regarding documented and verified
incidents of bullying; and
3. 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.
SECTION 6. This act shall become effective November 1, 2025.
Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate