Text of OK SB 131 (2023)

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No. 204 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 1st Session of the 59th Legislature (2023) SENATE BILL 131 By: Rogers AS INTRODUCED An Act relating to schools; amending 25 O.S. 2021, Sections 2001, 2002, 2003, and 2004, which relate to the Parents’ Bill of Rights; allowing a parent to file certain civil action; clarifying right to direct the education of certain child; requiring written consent for certain decisions; prohibiting the withholding of certain information; modifying certain rights regarding consent for sex education instruction and certain other instruction; providing for withdrawal of certain child from certain clubs or activities; requiring certain consent to dispense prescription drugs to certain minor; amending 70 O.S. 2021, Section 11-105.1, which relates to sex education curriculum and materials; requiring certain written consent for a child to participate in certain instruction or activities; 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 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, Req. No. 204 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 and mental health of their children without demonstrating that the 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. A parent may file a civil action against a person or governmental entity in district court for a violation of this act. The court may grant injunctive relief, monetary damages, court costs, and reasonable attorney fees. SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is amended to read as follows: Section 2002. A. All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity, or any other institution, including, but not limited to, the following rights: 1. The right to direct the education of the minor child including the right to choose public, private, religious, or other means of education and the right to make reasonable choices within public schools for the education of his or her child; 2. All rights of parents identified in Title 70 of the Oklahoma Statutes, including the right to access and review all school records relating to the minor child; Req. No. 204 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 3. The right to direct the upbringing of the minor child; 4. The right to direct the moral or religious training of the minor child; 5. The right to make and consent in writing to all physical and mental healthcare decisions for the minor child, unless otherwise prohibited by law; 6. The right to access and review all medical records of the minor child unless otherwise prohibited by law or the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released; 7. The right to consent in writing before a biometric scan of the minor child is made, shared, or stored; 8. The right to consent in writing before any record of the minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by Sections 1-516 and 1-524.1 of Title 63 of the Oklahoma Statutes, or unless authorized pursuant to a court order; 9. The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of Req. No. 204 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a forensic interview in a criminal or Department of Human Services investigation, or to be used solely for any of the following: a. safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles, b. a purpose related to a legitimate academic or extracurricular activity, c. a purpose related to regular classroom instruction, d. security or surveillance of buildings or grounds, and e. a photo identification card; and 10. The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity, or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or Department of Human Services investigation. This The provisions of this paragraph does shall not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school. B. This The provisions of this section does shall not authorize or allow a parent to engage in conduct that is unlawful or to abuse Req. No. 204 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or neglect a child in violation of the laws of this state. This The provisions of this section shall not be construed to apply to a parental action or decision that would end life. This The provisions of this section does shall not prohibit courts, law enforcement officers, or employees of a government agency responsible for child welfare from acting in their official capacity within the reasonable and prudent scope of their authority. This The provisions of this section does shall not prohibit a court from issuing an order that is otherwise permitted by law. C. Any attempt to withhold information that is relevant to the physical, emotional, or mental health of a minor child or to encourage or coerce a minor child to withhold information from the child’s parent shall be grounds for discipline of an employee of this state, any political subdivision of this state, or any other governmental entity, except for law enforcement personnel. D. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. The Parents’ Bill of Rights does not prescribe all rights of parents. Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied. The Parents’ Bill of Rights shall not be construed to apply to a parental action or decision that would end life. Req. No. 204 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. 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; 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 a school district from providing require Req. No. 204 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 written consent from a parent for a child to participate in sex education instruction to a child if the child’s parent provides 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 their children from provide written consent for a child to participate in any instruction or presentations regarding sexuality that have the goal or purpose of studying, exploring, or informing students about gender roles or stereotypes, gender identity, gender expression, sexual orientation, or romantic or sexual relationships 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 procedures by which parents may withdraw their child from any club or activity to which the parents object; 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 a sex education curriculum if one is provided by the school district, Req. No. 204 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 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. open enrollment rights, c. the right to opt out of assignments pursuant to this section, d. the right to be exempt from the immunization laws of the this 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 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, Req. No. 204 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 Req. No. 204 Page 10 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 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 a school district shall formally consider the request at the next subsequent public meeting of the board. SECTION 4. AMENDATORY 25 O.S. 2021, Section 2004, is amended to read as follows: Section 2004. A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of these entities may procure, solicit to perform, arrange for the performance of, perform surgical procedures, or perform a physical examination upon a minor or prescribe or dispense any prescription drugs to a minor without first obtaining a written consent of a parent or legal guardian of the minor. Provided, however, that if written consent is provided to a school district for assessment or treatment, such consent shall Req. No. 204 Page 11 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 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. B. Except as otherwise provided by law, no hospital as defined in Section 1-701 of Title 63 of the Oklahoma Statutes may permit surgical procedures to be performed upon a minor in its facilities without first having received a written consent from a parent or legal guardian of the minor. C. The provisions of this section shall not apply when it has been determined by a physician that an emergency exists and that it is necessary to perform such surgical procedures for the treatment of an injury, illness, or drug abuse, or to save the life of the patient, or when such parent or other adult authorized by law to consent on behalf of a minor cannot be located or contacted after a reasonably diligent effort. D. The provisions of this section shall not apply to an abortion, which shall be governed by the provisions of Sections 1- 740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63 of the Oklahoma Statutes or any successor statute. E. A person who violates a provision of this section is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Req. No. 204 Page 12 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 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 5. 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 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 parents or guardians shall provide the school in writing written consent if they do not Req. No. 204 Page 13 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 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 a parent or guardian of the student objects in writing to does not provide written consent for such 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 a parent or guardian objects in writing does not provide written consent. 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 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 attitudes used in the school prior to their its use in the classroom or school. The teacher involved in the class, program, testing test, 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 Req. No. 204 Page 14 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 to those students enrolled in classes, programs, testings tests, or surveys offered through an alternative education program. SECTION 6. This act shall become effective July 1, 2023. SECTION 7. 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. 59-1-204 EB 1/4/2023 1:36:25 PM