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ENGROSSED HOUSE
BILL NO. 3885 By: Cantrell and Caldwell
(Chad) of the House
and
Hines of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Sections 6-149.7 and 24-101.3, which relate to
student suspensions; subjecting certain students in
grades three through five to school suspensions;
allowing modification of certain suspension terms;
mandating certain suspension and expulsion protocols
for certain offenses; updating references; affirming
the disciplinary protections provided for in the
Individuals with Disabilities Education Act;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-149.7, is
amended to read as follows:
Section 6-149.7. A. No student enrolled in a school shall
assault, attempt to cause physical bodily injury, or act in a manner
that could reasonably cause bodily injury to an education employee
or a person who is volunteering for the school. Any student in
grades three through five who violates the provisions of this
section shall be subject to suspension as provided for in Section
24-101.3 of this title. Such term of suspension may be modified by
the district superintendent on a case-by-case basis. Any student in
grades six through twelve who violates the provisions of this
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section shall be subject to out-of-school suspension as provided for
in Section 24-101.3 of this title. This section shall be in
addition to and does not limit the criminal liability of a person
who causes or commits an assault, battery, or assault and battery
upon a school employee as provided for in Section 650.7 of Title 21
of the Oklahoma Statutes.
B. No education employee shall be liable for the use of
necessary and reasonable force to control and discipline a student
during the time the student is in attendance at the school or in
transit to or from the school, or any other function authorized by
the school district.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-101.3, is
amended to read as follows:
Section 24-101.3. A. Any student who is guilty of an act
described in paragraph 1 of subsection C of this section may be
suspended out-of-school in accordance with the provisions of this
section. Each school district board of education shall adopt a
policy with procedures which provides for out-of-school suspension
of students. The policy shall address the term of the out-of-school
suspension, provide an appeals process as described in subsection B
of this section, and provide that before a student is suspended out-
of-school, the school or district administration shall consider and
apply, if appropriate, alternative in-school placement options that
are not to be considered suspension, such as placement in an
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alternative school setting, reassignment to another classroom, or
in-school detention. The policy shall address education for
students subject to the provisions of subsection D of this section
and whether participation in extracurricular activities shall be
permitted.
B. 1. Students suspended out-of-school for ten (10) or fewer
days shall have the right to appeal the decision of the
administration as provided in the policy required in subsection A of
this section. The policy shall specify whether appeals for short-
term suspensions as provided in this subsection shall be to a local
committee composed of district administrators or teachers or both,
or to the district board of education. Upon full investigation of
the matter, the committee or board shall determine the guilt or
innocence of the student and the reasonableness of the term of the
out-of-school suspension. If the policy requires appeals for short-
term suspensions to a committee, the policy adopted by the board
may, but is not required to, provide for appeal of the committee's
decision to the board.
2. Students suspended out-of-school for more than ten (10) days
and students suspended pursuant to the provisions of paragraph 2 of
subsection C of this section may request a review of the suspension
with the administration of the district. If the administration does
not withdraw the suspension, the student shall have the right to
appeal the decision of the administration to the district board of
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education. Except as otherwise provided for in paragraph 2 of
subsection C of this section, no out-of-school suspension shall
extend beyond the current semester and the succeeding semester.
Upon full investigation of the matter, the board shall determine the
guilt or innocence of the student and the reasonableness of the term
of the out-of-school suspension. A board of education may conduct
the hearing and render the final decision or may appoint a hearing
officer to conduct the hearing and render the final decision. The
decision of the district board of education or the hearing officer,
if applicable, shall be final.
C. 1. Students who are guilty of any of the following acts may
be suspended out-of-school by the administration of the school or
district:
a. violation of a school regulation,
b. possession of an intoxicating beverage, low-point
beer, as defined by Section 163.2 1-103 of Title 37
37A of the Oklahoma Statutes, or missing or stolen
property if the property is reasonably suspected to
have been taken from a student, a school employee, or
the school during school activities, and
c. possession of a dangerous weapon or a controlled
dangerous substance while on or within two thousand
(2,000) feet of public school property, or at a school
event, as defined in the Uniform Controlled Dangerous
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Substances Act. Possession of a firearm shall result
in out-of-school suspension as provided in paragraph 2
of this subsection.
2. Any student found in possession of a firearm while on any
public school property or while in any school bus or other vehicle
used by a public school for transportation of students or teachers
shall be suspended out-of-school for a period of not less than one
(1) year, to be determined by the district board of education
pursuant to the provisions of this section. The term of the
suspension may be modified by the district superintendent on a case-
by-case basis. For purposes of this paragraph the term "firearm"
shall mean and include all weapons as defined by 18 U.S.C., Section
921.
3. a. Any student in grades three through five found to have
assaulted, attempted to cause physical bodily injury,
or acted in a manner that could reasonably cause
bodily injury to a school employee or a person
volunteering for a school as prohibited pursuant to
Section 6-149.7 of this title shall be suspended in
the following manner:
(1) a three-day in-school suspension for the first
offense occurring in a given school year,
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(2) a seven-day out-of-school suspension for the
second offense occurring in a given school year,
and
(3) expulsion from the school for a third offense
occurring in a given school year.
b. Terms of suspension provided in subparagraph a of this
paragraph may be modified by the district
superintendent on a case-by-case basis.
4. Any student in grades six through twelve found to have
assaulted, attempted to cause physical bodily injury, or acted in a
manner that could reasonably cause bodily injury to a school
employee or a person volunteering for a school as prohibited
pursuant to Section 6-146 6-149.7 of this title shall be suspended
for the remainder of the current semester and the next consecutive
semester, to be determined by the board of education pursuant to the
provisions of this section. The term of the suspension may be
modified by the district superintendent on a case-by-case basis.
D. At its discretion a school district may provide an education
plan for students suspended out-of-school for five (5) or fewer days
pursuant to the provisions of this subsection. The following
provisions shall apply to students who are suspended out-of-school
for more than five (5) days and who are guilty of acts listed in
subparagraphs a and b of paragraph 1 of subsection C of this
section. Upon the out-of-school suspension, the parent or guardian
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of a student suspended out-of-school pursuant to the provisions of
this subsection shall be responsible for the provision of a
supervised, structured environment in which the parent or guardian
shall place the student and bear responsibility for monitoring the
student's educational progress until the student is readmitted into
school. The school administration shall provide the student with an
education plan designed for the eventual reintegration of the
student into school which provides only for the core units in which
the student is enrolled. A copy of the education plan shall also be
provided to the student's parent or guardian. For the purposes of
this section, the core units shall consist of the minimum English,
mathematics, science, social studies and art units required by the
State Board of Education for grade completion in grades kindergarten
through eight and for high school graduation in grades nine through
twelve. The plan shall set out the procedure for education and
shall address academic credit for work satisfactorily completed.
E. A student who has been suspended out-of-school from a public
or private school in the State of Oklahoma or another state for a
violent act or an act showing deliberate or reckless disregard for
the health or safety of faculty or other students shall not be
entitled to enroll in a public school of this state, and no public
school shall be required to enroll the student, until the terms of
the suspension have been met or the time of suspension has expired.
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F. 1. No public school of this state shall be required to
provide education services in the regular school setting to any
student who has been:
a. adjudicated as a delinquent for an offense defined as
a violent crime in Section 571 of Title 57 of the
Oklahoma Statutes,
b. convicted as an adult of an offense defined as a
violent crime in Section 571 of Title 57 of the
Oklahoma Statutes,
c. who has been removed from a public or private school
in the State of Oklahoma or another state by
administrative or judicial process for a violent act
or an act showing deliberate or reckless disregard for
the health or safety of faculty or other students,
d. suspended as provided for in paragraph 3 or 4 of
subsection C of this section, or
e. has been removed from a public or private school in
the state or another state by administrative or
judicial process for an act of using electronic
communication, as defined in Section 24-100.3 of this
title, with intent to terrify, intimidate or harass,
or threaten to inflict injury or physical harm to
faculty or other students.
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2. The school in which a student as described in paragraph 1 of
this subsection is subsequently enrolled may elect to not provide
education services in the regular school setting until the school
determines that the student no longer poses a threat to self, other
students or school district faculty or employees. Until the school
in which such student subsequently enrolls or re-enrolls determines
that the student no longer poses a threat to self, other students or
school district faculty or employees, the school may provide
education services through an alternative school setting, home-based
instruction, or other appropriate setting. If the school provides
education services to the student at a district school facility, the
school shall notify any student or school district faculty or
employee victims of the student, when known, and shall ensure that
the student will not be allowed in the general vicinity of or
contact with a victim of the student, provided the victim notifies
the school of the victim's desire to refrain from contact with the
offending student.
G. Students suspended out-of-school who are on an
individualized education plan pursuant to the Individuals with
Disabilities Education Act, P.L. No. 101-476, or who are subject to
the provisions of subsection F of this section and who are on an
individualized education plan shall be provided the education and
related services in accordance with the student's individualized
education plan.
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H. A student who has been suspended for a violent offense which
is directed towards a classroom teacher shall not be allowed to
return to that teacher's classroom without the approval of that
teacher.
I. At its discretion, a school district may require a student
guilty of acts listed in subparagraph a or b of paragraph 1 of
subsection C of this section to complete intervention and prevention
programs as provided by designated Youth Service Agencies, if
available.
J. No school board, administrator or teacher may be held
civilly liable for any action taken in good faith which is
authorized by this section.
K. Nothing in this section shall supersede the discipline
protections required under the Individuals with Disabilities
Education Act (IDEA), P.L. No. 105-17.
SECTION 3. This act shall become effective July 1, 2026.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate