Text of OK SB 1323 (2016)

Schools; directing the withholding of State Aid if a Board of Education adopts certain policy and receives certain complaint. Effective date.

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As introduced

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Req. No. 1962 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 2nd Session of the 55th Legislature (2016) SENATE BILL 1323 By: Brecheen AS INTRODUCED An Act relating to schools; providing definition; directing a school district’s State Aid allocation to be withheld if the board of education adopts certain policy and receives certain complaint; directing a board of education to respond to certain complaint within certain time period; providing method of response to prevent withholding of State Aid allocation; providing for promulgation of rules; 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 18-203 of Title 70, unless there is created a duplication in numbering, reads as follows: A. As used in this section, “sex” means the physical condition of being male or female, as identified at birth by that individual’s anatomy. B. 1. If a school district board of education adopts a policy which allows: Req. No. 1962 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 a. student restrooms or athletic changing facilities designated for the exclusive use of the male sex to be accessed by members of the female sex, and/or b. student restrooms or athletic changing facilities designated for the exclusive use of the female sex to be accessed by members of the male sex; and 2. A parent or guardian of a student enrolled in a school district submits a written complaint to a school district board of education that has adopted such a policy and the board of education does not respond as provided for in subsection C of this section, the school district’s State Aid allocation shall be withheld. C. A school district board of education that receives a complaint as provided for in paragraph 2 of subsection B of this section shall respond within thirty (30) days of receiving the complaint. A school district’s State Aid allocation shall not be withheld if the board of education responds to the complaint by: 1. Reversing the policy allowing student restrooms or athletic changing facilities designated for the exclusive use of the female or male sex to be accessed by members of the opposite sex; and/or 2. Providing access to single-occupancy restrooms or athletic changing facilities to students whose parent or guardian submits to the school district board of education a written request to receive accommodations. Req. No. 1962 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 D. The State Board of Education shall promulgate rules to implement the provisions of this section. SECTION 2. This act shall become effective July 1, 2016. SECTION 3. It being immediately necessary for the preservation of the public peace, health and 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. 55-2-1962 EB 1/21/2016 11:36:12 AM