Senate passes changes to anti-bullying laws

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OKLAHOMA CITY – A proposed measure to modify Oklahoma’s anti-bullying laws would require boards of education to update their discipline policy, accept anonymous reports and require a report on prevention activities and bullying incidents at least once a semester.

The proposal passed the state Senate unanimously Feb. 22. Senate Bill 1138 now heads to the House for its consideration. State Rep. Daniel Pae, R-Lawton, is the principal author in the House.

“It’s the most comprehensive update to our anti-bullying laws,” Pae said. “It passed the House last year, so I hope it crosses the finish line this session.”

The bill encourages more transparency in schools with public hearings on anti-bullying policies and statistics that are collected at the school district level.

Statewide bullying incidents that resulted in injury totaled 121 for the 2018-2019 school term with 71 of those cases attributed to students in kindergarten through fifth grade, according to the Oklahoma State Department of Education. Twenty-eight cases were reported for students in sixth through eighth grades and 22 for ninth through 12th grades.

Bullying instances without injury numbered more than 4,600 cases for the 2018-2019 school year. In addition, the Oklahoma Youth Risk Behavior Survey showed a significant number of Oklahoma students in ninth through 12th grades have been bullied on school property. The surveys are conducted in odd-numbered years at 50 randomly selected schools.

In 2009, the survey found 17.5% of the students claimed they were bullied. That average dropped slightly to 16.7% two years later, but increased to 18.6% in 2013. The bullying average continued to climb for the next two surveys as it reached 21.3% in 2017. The survey revealed a decline in 2019 as 19.4% of students admitted they had been bullied.

“The initial idea for this (bill) came from a group of students who came to the Capitol and talked to some legislators,” Pae said. “They wanted to modify the anti-bullying statutes.”

The movement to change the laws took time due to the COVID-19 pandemic, but Pae said he’s hopeful the measure will pass this year.

“I think if we can bring more transparency to school districts across the state on why it’s not OK to bully, then we can decrease bullying in the long run, too,” he said.

SB 1138 directs school district anti-bullying policies to include a procedure for a student, school employee, school volunteer, parent or legal guardian to report an act of bullying and directs anonymous reports be investigated in the same manner as other reports. It provides immunity from a cause of action for school employees, school volunteers, students, parents, or legal guardians who report incidents of bullying in good faith.

School policies must contain a statement prohibiting retaliation against a school employee for notifying a district board of education or the SDE about noncompliance. Policies must also include a procedure for notifying parents and legal guardians of a victim and reported perpetrator of bullying within 24 hours of a reported incident, and there must be immediate notification if a student expresses suicidal thoughts or encourages another student to commit suicide.

A copy of the new policy would have to be provided to every district employee by the school board.

Sen. Dewayne Pemberton, R-Muskogee, Senate author of SB 1138, said he wrote the bill to improve the safety of public schools and better protect students from bullying and harassment.

“This bill will hold schools accountable and ensure students and parents have input in creating policies to address this type of youth violence, and also that everyone feels safe enough to report such behavior. For many students, school is their safe space, and we must continue doing all we can to ensure it stays that way.”

The House should consider the bill in late March or early April, Pae said.