Text of OK HB 1781 (2023)

Req. No. 5392 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 1781 By: Williams AS INTRODUCED An Act relating to parental rights; amending 25 O.S. 2021, Sections 2001, 2003, and 2005, which relate to the Parents' Bill of Rights; providing for private right of action; authorizing the Attorney General to enforce the law; authorizing the Attorney General to investigate and bring action for violation; providing that parents may review certain materials; providing that parents may object to any material; providing that parents may opt in to certain instruction; providing for a fine per violation; defining term; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is amended to read as follows: Section 2001. A. This act shall be known and may be cited as the "Parents' Bill of Rights". B. This state, any political subdivision of this state or any other governmental entity shall not infringe on the fundamental right of parents to direct the upbringing, education, health care and mental health of their children without demonstrating that the Req. No. 5392 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 compelling governmental interest as applied to the child involved is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means. C. As used in the Parents' Bill of Rights, "parent" means the natural or adoptive parent or legal guardian of a minor child. D. Any parent whose child is a student at a school that violates the provisions of Section 2003 of this title and whose child suffers any harm as a result of the violation shall be entitled to bring a private right of action against the school for damages. E. The Attorney General shall have the authority to enforce Sections 2003, 2004, and 2005 of this title and to conduct investigations and bring actions for violations of Sections 2003, 2004, and 2005 of this title. SECTION 2. AMENDATORY 25 O.S. 2021, Section 2003, is amended to read as follows: Section 2003. A. The board of education of a school district, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline; Req. No. 5392 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Procedures by which parents may learn about the course of study for their children and review any learning materials, including the source of any supplemental educational materials, review budget expenditures, contracts, and agreements, and receive information about all of the school's or school district's programs and activities, including, but not limited to, locally adopted and implemented curriculum, education or non-educational programs and activities, classroom assignments, orientation programs, training programs, counseling programs, or classroom activities and interventions; 3. Procedures by which parents who object to any academic or non-academic learning material, or activity any academic or non- academic school programs or activities, or any academic or non- academic instruction on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a any learning material, or activity, or instruction on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality, or religion, race, or gender, including gender identity; 4. If a school district offers any sex education curricula pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or pursuant to any rules adopted by the State Board of Education, procedures to opt out of a school district from providing in to the Req. No. 5392 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sex education instruction to a child if the child's parent provides by providing in writing consent written objection to the child's participation in the sex education curricula; 5. Procedures by which parents will be notified in advance of and given the opportunity to withdraw required to opt their children from in to any instruction or presentations regarding morality, any social and emotional learning program, religion, race, gender, including gender identity or sexuality in courses other than formal sex education curricula pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes; 6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, as well as extracurricular clubs and activities that have been approved by the school; and 7. Procedures by which parents must provide prior written consent to a student's participation in any classroom activities or courses that promote or require a student to accept a particular ideological, philosophical, or political belief or principle, including activities related to or associated with a school's diversity, equity, or inclusion plan; 8. Procedures by which parents may learn about a school district's equity, diversity, and inclusion plan, including, but not limited to, steps the school district is taking to implement the plan; and Req. No. 5392 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: a. the right to opt out of in to a sex education curriculum if one is provided by the school district, b. open enrollment rights, c. the right to opt out of in to assignments pursuant to this section, d. the right to be exempt from the immunization laws of the state pursuant to Section 1210.192 of Title 70 of the Oklahoma Statutes, e. the promotion requirements prescribed in Section 1210.508E of Title 70 of the Oklahoma Statutes, f. the minimum course of study and competency requirements for graduation from high school prescribed in Section 11-103.6 of Title 70 of the Oklahoma Statutes, g. the right to opt out of in to instruction on the acquired immune deficiency syndrome pursuant to Section 11-103.3 of Title 70 of the Oklahoma Statutes, h. the right to review test results, i. the right to participate in gifted programs pursuant to Sections 1210.301 through 1210.308 of Title 70 of the Oklahoma Statutes, Req. No. 5392 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j. the right to inspect instructional materials used in connection with any research or experimentation program or project pursuant to Section 11-106 of Title 70 of the Oklahoma Statutes, k. the right to receive a school report card, l. the attendance requirements prescribed in Section 10- 106 of Title 70 of the Oklahoma Statutes, m. the right to public review of courses of study and textbooks, n. the right to be excused from school attendance for religious purposes, o. policies related to parental involvement pursuant to this section, p. the right to participate in parent-teacher associations and organizations that are sanctioned by the board of education of a school district, and q. the right to opt out of in to any formal or informal data collection instrument or survey, including, but not limited to, any instrument collecting non-academic information from a student at the district level that would capture data for inclusion in the state longitudinal student data system except what is necessary and essential for establishing a student's public school record, Req. No. 5392 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r. the right to review any formal or informal data collection instrument or survey at the district level, s. the right to opt in to a student's participation in activities associated with the implementation of a diversity, equity or inclusion plan prior to the student's participation in such activities, and t. the right to opt in to participation in any social and emotional learning program. B. The board of education of a school district may adopt a policy to provide to parents the information required by this section in an electronic form. C. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten (10) days of receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for the denial of the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen (15) days after submitting the request for information, the parent may submit a written request for the information to the board of education of a school district, which shall formally consider the Req. No. 5392 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the board of education of a school district shall formally consider the request at the next subsequent public meeting of the board. D. A school that violates this section is punishable by a fine of One Thousand Dollars ($1,000.00) per violation. SECTION 3. AMENDATORY 25 O.S. 2021, Section 2005, is amended to read as follows: Section 2005. A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by any of these entities, may procure, solicit to perform, arrange for the performance of or perform an assessment for mental health therapy on a minor without first obtaining the written consent of a parent or a legal guardian of the minor child. Provided, however, that if written consent is provided to a school district for assessment or treatment, such consent shall be effective for the school year for which it is granted and shall be renewed each subsequent school year. If an assessment or treatment is performed through telemedicine at a school site and if consent has been provided by the parent and is currently effective, the health professional shall not be required to verify that the parent is at the site. However, a child shall not be seen without consent. Req. No. 5392 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. For purposes of this section, mental health therapy shall include mental health services, behavioral health services, sexual and reproductive health information, substance abuse treatment, information on transitioning, gender-affirming care, suicide prevention programs, cross-sex counseling, and any information provided by a school relating to sexual identity, sexual orientation, gender identity, gender expression, gender transitioning, or transgender identity. C. This section does not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child. C. D. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment of not more than one (1) year in the county jail, or by both such fine and imprisonment. SECTION 4. This act shall become effective November 1, 2023. 59-1-5392 CMA 01/13/23