2014 Laws Affecting School Boards

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
• 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
 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
• 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
• 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 &
• 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
Thanks for Listening
• Any questions?
• Stephanie J. Mather, Attorney
• Oklahoma State School Boards
• [email protected]

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