1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1028 By: Talley
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6 AS INTRODUCED
7 An Act relating to schools; amending 70 O.S. 2021,
Section 13-116, which relates to corporal punishment;
8 prohibiting use of corporal punishment on certain
students; deleting exception for parental waiver; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-116, is
14 amended to read as follows:
15 Section 13-116. A. School district personnel shall be
16 prohibited from using corporal punishment on students any student
17 identified with the most significant cognitive disabilities
18 according to criteria established by the State Department of
19 Education unless addressed in an annual individualized education
20 program (IEP) developed a disability in accordance with the
21 Individuals with Disabilities Education Act (IDEA) and Section 504
22 of the Rehabilitation Act of 1973.
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1 B. A waiver to the provisions of subsection A of this section
2 shall be granted if the parent or legal guardian of a student
3 provides written consent.
4 C. As used in this section, "corporal punishment" means the
5 deliberate infliction of physical pain by hitting, paddling,
6 spanking, slapping or any other physical force used as a means of
7 discipline.
8 SECTION 2. This act shall become effective November 1, 2023.
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10 59-1-5451 EK 12/19/22
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