Text of OK SB 1619 (2016)
Schools; accommodation of facilities; codifcation; effective date. Emergency.
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As introduced
4,756 characters
Req. No. 3502
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STATE OF OKLAHOMA
2nd Session of the 55th Legislature (2016)
SENATE BILL 1619
By: Bingman of the Senate
and
Hickman of the House
AS INTRODUCED
An Act relating to schools; providing definition;
authorizing certain persons to request religious
accommodations under certain circumstances; directing
a board of education to respond to certain request;
prohibiting use of certain facility for compliance;
providing for private right of action for certain
violation; authorizing the Attorney General to
represent certain persons under certain
circumstances; requiring certain notice; 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 10-110 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. If a school district allows:
Req. No. 3502
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1. Student restrooms, athletic changing facilities or showers
designated for the exclusive use of the male sex to be accessed by
members of the female sex; and/or
2. Student restrooms, athletic changing facilities or showers
designated for the exclusive use of the female sex to be accessed by
members of the male sex,
a student enrolled in the school district or the parent or legal
guardian of a student enrolled in the school district may request a
religious accommodation as described in subsection C of this
section.
C. A student enrolled at a public school district in the state
or the parent or legal guardian of a student enrolled at a public
school district in the state may submit to the board of education of
the school district a request for a religious accommodation based on
the student's sincerely held religious beliefs. The accommodation
shall be for the use of restrooms, athletic changing facilities or
showers designated for the exclusive use of that student's sex
granted to:
1. Any male student who requests or whose parent or legal
guardian requests, on a student's behalf, to use a restroom,
athletic changing facility or shower designated for the exclusive
use of the male sex; or
2. Any female student who requests or whose parent or legal
guardian requests, on the student's behalf, to use a restroom,
Req. No. 3502
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athletic changing facility or showers designated for the exclusive
use of the female sex.
D. Providing access to a single-occupancy restroom, athletic
changing facility or showers to a student who has submitted a
request for a religious accommodation or to a student whose parent
or legal guardian has submitted a request for a religious
accommodation pursuant to subsection C of this section shall not be
an allowable accommodation.
E. This act creates a private right of action for violations of
subsection C of this section.
F. The Attorney General of the State of Oklahoma is hereby
authorized to represent a school district or employee in a legal
challenge to any federal regulation or mandate that requires the
school district to implement a policy as stated in paragraph 1 of
subsection B of this section and/or paragraph 2 of subsection B of
this section.
G. The Attorney General is further authorized to intervene in
any legal proceeding for the purpose of enforcing the provisions of
this act. Any court addressing a suit arising out of this section
shall, within five (5) days of receiving service of summons, notify
the Attorney General of the State of Oklahoma of the pendency of the
action.
SECTION 2. This act shall become effective July 1, 2016.
Req. No. 3502
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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.
55-2-3502
MD
5/19/2016 4:31:10 PM