Text of OK SB 1142 (2022)

Schools; prohibiting certain schools and libraries from maintaining or promoting certain books; providing for cause of action. Effective date. Emergency.

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Req. No. 2399 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 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 2nd Session of the 58th Legislature (2022) SENATE BILL 1142 By: Standridge AS INTRODUCED An Act relating to schools; prohibiting certain schools and school libraries from maintaining or promoting certain books; allowing a parent or legal guardian of a student to submit certain request to remove certain book; requiring removal of the book within certain time period; requiring certain employee to be dismissed or not reemployed, subject to certain provisions, for failure to remove certain book; prohibiting certain employee from being employed by certain school for certain time period; providing for removal of book; creating a cause of action for failing to meet certain requirements; providing for award of certain damages, fees, and costs; providing for codification; providing an effective date; and declaring an emergency. 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 16-130 of Title 70, unless there is created a duplication in numbering, reads as follows: A. No public school district, public charter school, or public school library shall maintain in its inventory or promote books that make as their primary subject the study of sex, sexual preferences, sexual activity, sexual perversion, sex-based classifications, Req. No. 2399 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sexual identity, or gender identity or books that are of a sexual nature that a reasonable parent or legal guardian would want to know of or approve of prior to their child being exposed to it. B. 1. The parent or legal guardian of a student who believes a public school district, public charter school, or public school library is maintaining book(s) in violation of subsection A of this section may submit a written request to the school district superintendent or charter school administrator to remove the book(s) from the public school district, public charter school, or public school library. 2. The book(s) requested for removal shall be removed from the public school district, public charter school, or public school library within thirty (30) days of receiving the request. 3. A public school district or public charter school employee tasked with removing a book from a public school district, public charter school, or public school library who does not do so within thirty (30) days of receiving a request shall be dismissed or not reemployed, subject to the provisions of the Teacher Due Process Act of 1990, and the employee shall be prohibited from being employed by a public school district or public charter school for a period of two (2) years. The book shall be removed from the public school district, public charter school, or public school library by a school administrator. Req. No. 2399 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. A parent or legal guardian shall have a cause of action against a public school district or public charter school for failing to meet the requirements of subsection B of this section and may seek monetary damages including a minimum of Ten Thousand Dollars ($10,000.00) per day the book requested for removal is not removed, reasonable attorney fees, and court costs. SECTION 2. This act shall become effective July 1, 2022. SECTION 3. 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. 58-2-2399 EB 12/16/2021 2:10:10 PM