Okla. Stat. tit. 70, § 70-24-101.3

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

Oklahoma Statutes - Title 70. Schools Page 925

considered suspension, such as placement in an 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

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 of Title 37 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

Oklahoma Statutes - Title 70. Schools Page 926

event, as defined in the Uniform Controlled Dangerous

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
Schools Page 926

event, as defined in the Uniform Controlled Dangerous

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. 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 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

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.

Oklahoma Statutes - Title 70. Schools Page 927

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.

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
udicated 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 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.

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.

Oklahoma Statutes - Title 70. Schools Page 928

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.

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.