MEMORANDUM TO: Oklahoma School Teachers

MEMORANDUM

TO: Oklahoma School Teachers

FROM: Ryan Walters, State Superintendent of Public Instruction

DATE: November 14, 2023

SUBJECT: Teacher Bill of Rights: Classroom Management and Discipline

I have heard from parents and teachers across the state that classroom management and discipline are lacking in our schools, ultimately leading to decreases in student educational outcomes. Consequently, I present this memo to all teachers to remind them of their rights and responsibilities when maintaining a safe and stable learning environment for all students in the classroom and on school premises.

Teacher’s Rights Regarding Classroom Discipline

• The Right to Enforce District Policies
  • You as a teacher have the same rights as a parent when enforcing your local school district discipline policy.
• The Right to Inform Law Enforcement
  • You as a teacher or school official have the right to be exempt from punishment for reporting threatening or violent behavior of a student to law enforcement.
• The Right to Refuse to Teach a Violent Student
  • You as a teacher may refuse to teach a student who has committed a violent act against you.
• The Right to Not be Held Liable
  • You as a teacher or school official are not to be held liable for actions taken that lead to a student's out-of-school suspension.
• The Right to Search Students Persons, Desk, Locker, and other School Property and the Right to Detain a Student Until the Proper Search Authorities can be Found.
  • You as a teacher or school official have the right to search a student under reasonable suspicion that they possess an illegal and/or dangerous substance or item.
  • You as a teacher or school official have the right to detain a student under reasonable suspicion that they possess an illegal and/or dangerous substance or item until eligible staff is available to conduct a search of the student’s person.
  • You as a teacher or school official have the right to search a student’s locker, desk, or any other school property without excuse.
• See the relevant statutes for more information: Paragraph C. of Section 24-100.4 of Title 70, Paragraphs B. and C. of Section 24-100.8 of Title 70, Paragraph H. of Section 24-101.3 of Title 70, Paragraph J. of Section 24-101.3 of Title 70, Paragraphs A. C. & D. of Section 24-102 of Title 70,

District Responsibilities

• Publication and Access to Discipline Policy
  • Each school district within the state of Oklahoma is required to provide annual written notice of its school discipline policy to parents, guardians, staff, volunteers, and students. It must be posted at various locations within each school site. It also must be on the school district's website. Finally, the school district must include it in the school district student and employee handbooks.
• Ensure Teachers are Adequately Trained
  • Each school district must require administrators and school employees get training from the State Department of Education in preventing, identifying, responding to, and reporting incidents of bullying.
• Discipline Policy Requirements
  • Each school district must include in its discipline policy provisions that require and provide procedures for school staff to report information relating to bullying to administration and law enforcement, if necessary. 
  • The policy must also provide an anonymous reporting system accessible to students. It must have provisions that govern the investigation, determination, and documentation of all incidents of bullying reported to school officials, the reporting of the number of incidents of bullying, determination of case-by-case severity, a process for the recommendation of community mental health care or counseling options to victims of bullying, the disclosure of students’ background information regarding mental health, substance abuse, or other counseling and identify and name the position of the employee responsible for such acts.
  • This discipline policy must be submitted to the state department of education by December 10 every year [OAC 210:10-1-20 (f) (2)]o 
• See the relevant statutes for more information: Subparagraph A. 4. of Section 24-100.4 of Title 70, Subparagraph A. 9. of Section 24-100.4 of Title 70, Subparagraphs A. 1. 2. 3. 5. 6. 7. 8. 10. 11. 12. 13. 14. & 15. of Section 24-100.4 of Title 70.

Rights of the Student

• Victim Rights to Separation from Offender
  • Students who have been victims of certain felony offenses by other students, as well as the siblings of the student victims, have the right to be kept separated from the student offender both at school and during school transportation.
• See the relevant statute for more information: Paragraph A. of Section 24-100.6 of Title 70

If You Encounter Problems

• Do you believe your school district is adequately enforcing these school disciplineand classroom management provisions required by law?
• Do you as a teacher feel  that you are able to enforce your school district’s discipline policy in the classroom and on school premises?
• Do you as a teacher believe your rights as a teacher when enforcing school andclassroom discipline are protected by your school district?
• Administrators new and old, does your discipline policy comply with the laws cited above?
• If the answer to any one of these questions is no, please use the contact information below to get in touch with the Oklahoma State Department of Education.

If you believe your district has violated your rights as described in this document or is out of compliance with its own discipline policy, contact the Oklahoma State Department of Education via:

https://sde.ok.gov/awareity