Text of OK HB 3120 (2024)
Sex education; Parents' Bill of Rights; providing for parental opt in for child to participate in sex education; effective date; emergency.
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As introduced
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3120
By: Williams
AS INTRODUCED
An Act relating to sex education; amending 25 O.S.
2021, Section 2003, which relates to the Parents'
Bill of Rights; providing for parental opt in for
child to participate in sex education; providing for
parental notification of school choice options;
providing for parental opt in for certain
instruction; permitting parental appeal of certain
information request denial; directing State Board of
Education to establish standard appeals process;
requiring accreditation deficiency if school is not
in compliance; defining terms; establishing school
policy prohibiting certain pronouns; providing
exceptions for certain disorders; banning requirement
of using certain preferred personal title or
pronouns; requiring student school records to comply
with certain policy; prescribing punishment for
changing certain student records; directing boards of
education to adopt certain parental notification
procedures; prohibiting adoption of certain
procedures to discourage parental notification;
allowing district to withhold information in certain
instances; banning instruction on sexual orientation
or gender identity; providing exception; requiring
instruction to be age-appropriate or developmentally
appropriate; prescribing student support services
training to adhere to certain guidelines; mandating
annual notification of health care services;
providing for parental option to consent or withhold
consent; requiring parental permission before
administering certain student questionnaire or form;
establishing process to address parental concerns;
authorizing parent to file civil action; providing
for award of damages and other costs and fees;
directing school district to publish certain policies
on its website; amending 70 O.S. 2021, Section 11-
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103.3, which relates to AIDS prevention education;
prohibiting student from participating in AIDS
education without parental permission; amending 70
O.S. 2021, Section 11-105.1, which relates to sex
education; striking information to be included in
curriculum; deleting definition for consent; barring
student from participating in sex education without
parental permission; directing certain curriculum and
materials to be approved annually by the board of
education; requiring certain concepts and ideas to be
taught in sex education; prohibiting inclusion of
certain concepts and ideas in sex education
instruction; directing certain concepts in sex
education to be emphasized; prescribing who can teach
sex education programs; disallowing other
organizations from providing sex education; directing
certain coordination between the Department of
Education and State Textbook Committee; requiring
State Textbook Committee to provide instructional
material guidelines; directing board of education to
review and revise certain policies and procedures;
mandating State Board of Education to consider
certain compliance when reviewing school
accreditation; providing for codification; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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:
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1. A plan for parent participation in the schools which is
designed to improve parent and teacher cooperation in such areas
such as homework, attendance, and discipline;
2. Procedures by which parents may learn about the course of
study for their children and review learning materials, including
the source of any supplemental educational materials;
3. Procedures by which parents who object to any learning
material or activity 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 learning material or
activity 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;
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 in to a school district from providing
district's sex education instruction to a child if the child's
parent provides written objection to permission for the child's
participation child to participate in the sex education curricula;
5. Procedures by which parents will be notified in advance of
and given the opportunity to withdraw their children from any
instruction or presentations regarding sexuality in courses other
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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 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 and school choice options,
c.
the right to opt out of 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,
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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,
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
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q.
the right to opt out of any data collection instrument
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.
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
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
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a school district shall formally consider the request at the next
subsequent public meeting of the board. A parent may appeal a
denial of request for information to the State Board of Education
through a standard appeals process established by the Board. If a
school is determined to be out of compliance with this section, the
school shall be given a deficiency in its accreditation.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-126 of Title 70, unless there
is created a duplication in numbering, reads as follows:
As used in Title 70 of the Oklahoma Statutes:
1. "Father" means the male parent of a child or children;
2. "Female" means a natural person whose biological
reproductive system is developed to produce ova;
3. "Male" means a natural person whose biological reproductive
system is developed to fertilize the ova of a female;
4. "Man" or "boy" means a natural person who is male;
5. "Mother" means the female parent of a child or children;
6. "Natural person" means a person as defined in paragraph 7 of
this section, except for bodies politic or corporate;
7. "Person", except when used by way of contrast, includes not
only human beings, but bodies politic or corporate;
8. "Sex" means the classification of a person as either female
or male based on the organization of the body of the person for a
specific reproductive role, as indicated by the person's sex
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chromosomes, naturally occurring sex hormones, and internal and
external genitalia present at birth. The term "gender" shall be
synonymous with the term "sex" as defined here; and
9. "Woman" or "girl" means a natural person who is female.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-127 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. It shall be the policy of every public school or charter
school that is provided or authorized by the Oklahoma Constitution
and state laws that a person's sex is an immutable biological trait
and that it is false to ascribe to a person a pronoun that does not
correspond to the person's sex. This section shall not apply to
individuals born with a genetically or biochemically verifiable
disorder of sex development, including, but not limited to, 46, XX
disorder of sex development; 46, XY disorder of sex development; sex
chromosome disorder of sex development; XX or XY sex reversal; and
ovotesticular disorder.
B. An employee, contractor, or student of a public school or
charter school shall not be required, as a condition of employment,
enrollment, or participation in any program, to refer to another
person using that person's preferred personal title or pronouns if
the personal title or pronouns do not correspond to that person's
sex.
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C. An employee or contractor of a public school or charter
school shall not provide to a student his or her preferred personal
title or pronouns if the preferred personal title or pronouns do not
correspond to that person's sex.
D. A student shall not be asked by an employee or contractor of
a public school or charter school to provide his or her preferred
personal title or pronouns or be penalized or subjected to adverse
or discriminatory treatment for not providing his or her preferred
personal title or pronouns.
E. Public school and charter school records regarding a
student's sex or gender shall always comply with subsection A of
this section, and the definition of the word sex defined in
paragraph 8 of Section 2 of this act. Any person who changes a
student's records described under this subsection not in compliance
with subsection A of this section and Section 2 of this act shall be
guilty of a misdemeanor pursuant to Section 587 of Title 21 of the
Oklahoma Statutes.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-128 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. In accordance with the Parents' Bill of Rights enumerated in
Sections 2002 and 2003 of Title 25 of the Oklahoma Statutes, school
district boards of education shall adopt procedures for notifying a
student's parent if there is a change in the student's services or
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monitoring related to the student's mental, emotional, or physical
health or well-being and the school's ability to provide a safe and
supportive learning environment for the student. The procedures
shall reinforce the fundamental right of parents to make decisions
regarding the upbringing and control of their children by requiring
school personnel to encourage a student to discuss issues related to
his or her well-being with his or her parent or to facilitate
discussion of the issue with the parent. The procedures shall not
prohibit parents from accessing any of their student's education and
health records created, maintained, or used by the school district,
as required by Section 2002 of Title 25 of the Oklahoma Statutes.
B. A school district shall not adopt procedures or student
support forms that prohibit school district personnel from notifying
a parent about his or her student's mental, emotional, or physical
health or well-being, or a change in related services or monitoring,
or that encourage or have the effect of encouraging a student to
withhold from a parent such information. School district personnel
shall not discourage or prohibit parental notification of and
involvement in critical decisions affecting a student's mental,
emotional, or physical health or well-being. This subsection shall
not prohibit a school district from adopting procedures that permit
school personnel to withhold the information from a parent if a
reasonably prudent person would believe that disclosure would result
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in abuse as defined in Section 843.5 of Title 21 of the Oklahoma
Statutes.
C. Classroom instruction by school personnel or third parties
in schools and charter schools on sexual orientation or gender
identity shall not occur in prekindergarten through grade twelve,
except when required by Section 11-103.3 of Title 70 of the Oklahoma
Statutes. The instruction shall be age-appropriate or
developmentally appropriate for students in accordance with state
standards and statutes.
D. Student support services training developed or provided by a
school district to school district personnel shall adhere to student
services guidelines, standards, and frameworks established by the
State Department of Education.
E. At the beginning of the school year, each school district
shall notify parents of each health care service offered at their
student's school and the option to withhold consent or decline any
specific service in accordance with Section 2002 of Title 25 of the
Oklahoma Statutes. Parental consent to a health care service shall
not waive the parent's right to access his or her student's
educational or health records or to be notified about a change in
his or her student's services or monitoring as provided by this
section.
F. Before administering a student well-being questionnaire or
health screening form to a student in kindergarten through third
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grade, the school district shall provide the questionnaire or health
screening form to the parent and obtain the permission of the
parent. Each school district shall adopt procedures for a parent to
notify the principal, or his or her designee, regarding concerns
under this section at his or her student's school and the process
for resolving those concerns within seven (7) calendar days after
notification by the parent.
1. At a minimum, the procedures shall require that within thirty
(30) days after notification by the parent that the concern remains
unresolved, the school district shall either resolve the concern or
provide a statement of the reasons for not resolving the concern.
2. If a concern is not resolved by the school district, a parent
may file a civil action in court against the school district to
obtain a declaratory judgment that the school district procedure or
practice violates this section and seek injunctive relief. A court
may award damages and shall award reasonable attorney fees and court
costs to a parent who receives declaratory or injunctive relief.
G. Each school district shall adopt and post on its website, in
an obvious place on the front page, policies to notify parents of the
procedures required by this section.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 11-103.3, is
amended to read as follows:
Section 11-103.3 A. Acquired immune deficiency syndrome (AIDS)
prevention education shall be taught in the public schools of this
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state. AIDS prevention education shall be limited to the discussion
of the disease AIDS and its spread and prevention. Students shall
receive such the education:
1. at At the option of the local school district, a minimum of
once during the period from grade five through grade six;
2. a A minimum of once during the period from grade seven
through grade nine; and
3. a A minimum of once during the period from grade ten through
grade twelve.
B. The State Department of Education shall develop curriculum
and materials for AIDS prevention education in conjunction with the
State Department of Health. A school district may also develop its
own AIDS prevention education curriculum and materials. Any
curriculum and materials developed for use in the public schools
shall be approved for medical accuracy by the State Department of
Health and in compliance with Section 11-105.1 of this title. A
school district may use any curriculum and materials which have been
developed and approved pursuant to this subsection.
C. School districts shall make the curriculum and materials
that will be used to teach AIDS prevention education available for
inspection by the parents and guardians of the students that will be
involved with the curriculum and materials. Furthermore, the
curriculum must shall be limited in time frame to deal only with
factual medical information for AIDS prevention. The school
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districts, at least one (1) month prior to teaching AIDS prevention
education in any classroom, shall conduct for the parents and
guardians of the students involved during weekend and evening hours
at least one presentation concerning the curriculum and materials
that will be used for such the education. No student shall be
required to participate in AIDS prevention education if a parent or
guardian of the student objects in writing to such participation and
shall have written permission from a parent or guardian to
participate.
D. AIDS prevention education shall specifically teach students
that:
1. engaging Engaging in homosexual activity, promiscuous sexual
activity, intravenous drug use or contact with contaminated blood
products is now known to be primarily responsible for contact with
the AIDS virus;
2. avoiding Avoiding the activities specified in paragraph 1 of
this subsection is the only method of preventing the spread of the
virus; and
3. sexual Sexual intercourse, with or without condoms, with any
person testing positive for human immunodeficiency virus (HIV)
antibodies, or any other person infected with HIV, places that
individual in a high risk category for developing AIDS.
E. The program of AIDS prevention education shall teach that
abstinence from sexual activity is the only certain means for the
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prevention of the spread or contraction of the AIDS virus through
sexual contact. It shall also teach that artificial means of birth
control are not a certain means of preventing the spread of the AIDS
virus and reliance on such those methods puts a person at risk for
exposure to the disease.
F. The State Department of Health and the State Department of
Education shall update AIDS education curriculum material as newly
discovered medical facts make it necessary.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 11-105.1, is
amended to read as follows:
Section 11-105.1 A. All curriculum and materials including
supplementary materials which will be used to teach or will be used
for or in connection with a sex education class or program which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes, or any test, survey, or questionnaire whose primary
purpose is to elicit responses on sexual behavior or attitudes shall
be available through the superintendent or a designee of the school
district for inspection by parents and guardians of the student who
will be involved with the class, program or test, survey, or
questionnaire. Such curriculum, materials, classes, programs,
tests, surveys or questionnaires shall include information about
consent and shall have as one of its primary purposes the teaching
of or informing students about the practice of abstinence. For the
purposes of this section, "consent" shall have the same meaning as
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that provided by Section 113 of Title 21 of the Oklahoma Statutes.
The superintendent or a designee of the school district shall
provide prior written notification to the parents or guardians of
the students involved of their right to inspect the curriculum and
material and of their obligation to notify the school in writing if
they do not want their child to participate in the class, program,
test, survey, or questionnaire. Each local board of education shall
determine the means of providing written notification to the parents
and guardian which will ensure effective notice in an efficient and
appropriate manner. No student shall be required to participate in
a sex education class or program which discusses sexual behavior or
attitudes if unless a parent or guardian of the student objects
provides permission in writing to such the participation. If the
type of program referred to in this section is a part of or is
taught during a credit course, a student may be required to enroll
in the course but shall not be required to receive instruction in or
participate in the program if unless a parent or guardian objects
provides permission in writing.
B. The superintendent or a designee of a school district in
which sex education is taught or a program is offered which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes shall approve all All curriculum and materials which will
be used for such education and any test, survey or questionnaire
whose primary purpose is to elicit responses on sexual behavior or
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attitudes used in the school prior to their use in the classroom or
school. The teacher involved in the class, program, testing or
survey shall submit the curriculum, materials, tests or surveys to
the superintendent or a designee for approval prior to their use in
the classroom or school. This section shall not apply to those
students enrolled in classes, programs, testings or surveys offered
through an alternative education program to teach sex education,
reproductive health, or any disease, including acquired immune
deficiency syndrome (AIDS) and human immunodeficiency virus (HIV),
its symptoms, development, and treatment as part of the course
referenced in this section and education referenced in Section 11-
103.3 of this title, shall be annually approved by a school district
board of education in a public meeting in compliance with the
Oklahoma Open Meeting Act.
C. Throughout instruction in sex education, AIDS or HIV,
sexually transmitted diseases, or health education, when the
instruction and course material contain instruction in human
sexuality, a school shall:
1. Classify males and females as provided in Section 2 of this
act and teach that biological males impregnate biological females by
fertilizing the female egg with male sperm; that the female then
gestates the offspring; and that these reproductive roles are
binary, stable, and unchangeable;
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2. Teach abstinence from sexual activity outside of marriage as
the expected standard for all school-age students while teaching the
benefits of monogamous heterosexual marriage;
3. Emphasize that abstinence from sexual activity is the only
certain way to avoid out-of-wedlock pregnancy, sexually transmitted
diseases including AIDS, and other associated health problems;
4. Teach that each student has the power to control personal
behavior and encourage students to base actions on reasoning, self-
esteem, and respect for others; and
5. Provide instruction and material that is appropriate for the
grade and age of the student.
D. Instruction concerning sex education, AIDS, sexually
transmitted diseases, or health education, when the instruction and
course material contain instruction in human sexuality, shall not
contain:
1. Advocacy of sexual activity outside of marriage;
2. Advocacy of any form of sexual activity that deviates from
the understanding of sexual norms within a traditional family
structure;
3. Information about contraceptive methods without emphasizing
their potential risks and failure rates;
4. Endorsement or promotion of non-heterosexual orientations as
preferable to heterosexual orientations;
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5. Teaching of explicit sexual techniques without a focus on
abstinence as the preferred choice for avoiding the consequences of
premarital sexual relations;
6. Inclusion of materials that may be considered obscene or
harmful to minors;
7. Teaching of gender identity and gender expression outside
the binary concept of male and female, without emphasizing the
biological basis of sex;
8. Instruction that advocates the pursuit of sexual pleasure
outside the context of marriage, the use of modern forms of risk
minimization, the main purpose of sex is pleasure, or the
exploration of which sexual techniques can be used for more
pleasure;
9. Teaching of consent and negotiation skills for sexual
activity;
10. Normalization or trivialization of sexually transmitted
diseases (STDs) with the effect of decreasing their perceived
seriousness or harm;
11. Instruction segmented specifically for the purpose of
exploring gender identity or sexual orientation;
12. Abortion presented as a safe, reproductive health care
choice and right;
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13. Language or instruction that would undermine student-parent
relationships, degrade students' opinion of their parents, or
degrade the importance of parental advice or help; and
14. Encouragement for students to seek other help apart from
parents or guardians.
E. Instruction concerning sex education, AIDS, sexually
transmitted diseases, or health education, when the instruction and
course material contain instruction in human sexuality, shall
emphasize:
1. The importance of monogamous, heterosexual relationships
within the context of marriage;
2. The benefits of abstaining from premarital sexual activity;
3. The physical, psychological, and emotional risks and
consequences of engaging in premarital sexual activity;
4. The importance of personal responsibility and self-
discipline;
5. The positive aspects of healthy relationships, including
communication skills, mutual respect, and emotional intimacy;
6. The development of decision-making skills and setting
personal boundaries;
7. The understanding of the potential social, emotional, and
physical consequences of early sexual activity;
8. The biological reproductive function of sex and the healthy
practice of abstinence from the relation until marriage;
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9. Refusal and resistance skills for sexual avoidance;
10. That STDs can cause serious health concerns and can and
should be avoided;
11. Information provided and risk avoidance promoted for all
students, regardless of sexual orientation or gender identity;
12. That abortion is only legal in the state in cases where the
life of the mother is at risk with reference to the language of the
law, and that it is a practice with physical and emotional risks
with alternatives, including parenting and adoption; and
13. That parental involvement, communication, and authority
shall be upheld or promoted and that family is important whether
biological or adoptive.
F. Sex education programs shall be taught by persons who are
employed by the school district where the sex education takes place
and who hold standard teaching certification issued by the State
Department of Education.
G. Other organizations, including health departments, shall not
provide sex education instruction in public schools.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 16-125 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Education shall coordinate with the
State Textbook Committee to ensure the proper review and approval of
sex education instructional materials in accordance with this act.
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B. The State Textbook Committee shall provide guidelines for the
submission of instructional materials to ensure transparency and
public input.
C. Each school district board of education shall review and
revise any current policies and procedures, its sex education
curriculum, parental consent process, and instructor qualifications
to ensure compliance with this act.
D. The State Board of Education shall take compliance with this
act into account when considering the accreditation status of a
public school.
E. The Statewide Charter School Board shall take compliance with
this act into account when implementing Section 3-132.2 of Title 70
of the Oklahoma Statutes.
SECTION 8. This act shall become effective July 1, 2024.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-9244
EK
01/07/24