Text of OK HB 3138 (2026)
Schools; public schools; students; higher education; prohibiting certain name usage; pronouns; prohibiting adverse employment action; prohibiting student disciplinary action; private cause of action; legal remedies; limitations; effective date.
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As introduced
4,798 characters
Req. No. 14569
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3138
By: West (Kevin)
AS INTRODUCED
An Act relating to schools; creating the Free to
Speak Act; defining terms; prohibiting school
employees from using a name other than a student's
legal name without parental consent; prohibiting
certain adverse employment action for refusing to use
or identify certain pronouns; prohibiting student
disciplinary action for refusing to use or identify
certain pronouns; creating a private cause of action;
providing legal remedies; limiting time frame for
filing civil action; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24-166 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Free to
Speak Act".
B. As used in this act:
1. "Employee" means an individual employed or contracted by a
public school or state institution of higher learning;
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2. "Female" means an individual who naturally has, had, will
have, or would have, but for a developmental or genetic anomaly or
historic accident, the reproductive system that at some point
produces, transports, and utilizes eggs or fertilization; and
3. "Male" means an individual who naturally has, had, will
have, or would have, but for a developmental or genetic anomaly or
historic accident, the reproductive system that at some point
produces, transports, and utilizes sperm or fertilization.
4. "Public institution of higher education" means any
institution within the Oklahoma State System of Higher Education or
technology center schools overseen by the State Board of Career and
Technology Education;
5. "Public school" means a school operated by a governmental
entity in this state, including grades pre-kindergarten through
twelve and technology center schools that provide vocational and
technical instruction for high school students who attend the
technology center school on a tuition-free basis. Public school
does not include private schools, religious schools, or
homeschooling families;
6. "Sex" means a person's biological sex, either male or
female, as observed or clinically verified at birth;
7. "Student" means an individual who is enrolled at a public
school or state institution of higher learning on a full-time or
part-time basis;
Req. No. 14569
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C. An employee of a public school or state institution of
higher learning, regardless of the scope of his or her official
duties, shall not:
1. Knowingly and intentionally address an unemancipated minor
student by a name other than the student's legal name, or a
derivative thereof, or by a pronoun or title that is inconsistent
with the student's sex without the written permission of the
student's parent or guardian;
2. Be subject to adverse employment action for declining to
address a person using a name other than the person's legal name, or
a derivative thereof, or by a pronoun or title that is inconsistent
with the person's sex; and
3. Be subject to adverse employment action for declining to
identify his or her pronouns.
D. A student of a public school or state institution of higher
learning shall not be subject to any disciplinary action for
declining to:
1. Address a person using a name other than the person's legal
name, or a derivative thereof, or by a pronoun or title that is
inconsistent with the person's sex; or
2. Identify his or her pronouns.
E. 1. Any person who is harmed by a violation of this act
shall have a private cause of action against the public school or
state institution of higher learning for injunctive relief, monetary
Req. No. 14569
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damages, reasonable attorney fees and costs, and any other
appropriate relief.
2. All civil actions brought pursuant to this section must be
initiated within two (2) years after the violation occurred.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14569
SW
01/05/26