Text of OK SB 30 (2023)
Schools; requiring certain notifications; prohibiting use of certain names and pronouns without consent; prohibiting certain instruction in certain grades. Effective date. Emergency.
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As introduced
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Req. No. 477
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 30
By: Rogers
AS INTRODUCED
An Act relating to schools; requiring each school
district board of education to adopt certain
notification procedures regarding changes in a
student’s mental, emotional, or physical health or
well-being; prohibiting a board of education from
adopting procedures that prohibit district personnel
from providing certain notification about a student’s
mental, emotional, or physical health or well-being;
directing district personnel not to discourage or
prohibit certain notification; providing exception to
disclosure of certain information under certain
circumstances; prohibiting school district and public
charter school employees and volunteers from
referring to a student with certain name or certain
pronoun without certain written consent; providing
certain exceptions; defining term; prohibiting
instruction on sexual orientation or gender identity
in certain grades; directing instruction on sexual
orientation or gender identity in certain grades to
meet certain criteria; requiring certain
questionnaire or health screening for students in
certain grades to be provided to parents or legal
guardians; requiring written consent prior to
administration of certain questionnaire or survey;
directing school district boards of education to
adopt certain notification procedures; providing for
contents of procedures; providing for promulgation of
certain rules and guidelines; providing for
codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-105.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Each school district board of education shall adopt
procedures providing for notification of a student’s parent or legal
guardian if there is a change in the student’s services related to
the student’s mental, emotional, or physical health or well-being
and the school’s ability to provide a safe and supportive learning
environment for the student.
B. 1. A school district board of education shall not adopt
procedures that prohibit school district personnel from notifying a
parent or legal guardian about his or her student’s mental,
emotional, or physical health or well-being or a change in related
services or that encourage or have the effect of encouraging a
student to withhold such information from a parent or legal
guardian. School district personnel shall not discourage or
prohibit notification of a parent or legal guardian of and
involvement in critical decisions affecting a student’s mental,
emotional, or physical health or well-being.
2. The provisions of this subsection shall not prohibit a
school district from adopting procedures that permit school district
personnel to withhold such information from a parent or legal
guardian if a reasonably prudent person would believe that
disclosure would result in abuse, abandonment, or neglect, as the
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terms are defined in Section 1-1-105 of Title 10A of the Oklahoma
Statutes.
C. 1. Except as provided for in paragraph 2 of this
subsection, employees and volunteers of school districts and public
charter schools in this state shall be prohibited from referring to
a student under the age of eighteen (18) with a name other than that
which appears on the student’s original birth certificate without
written consent from the student’s parent or legal guardian.
2. Employees and volunteers of school districts and public
charter schools may:
a.
refer to a student with a name that is a shortened
version of the first name that appears on the
student’s original birth certificate, or
b.
refer to a student with the middle name that appears
on the student’s original birth certificate.
D. Employees and volunteers of school districts and public
charter schools in this state shall be prohibited from referring to
a student under the age of eighteen (18) with a pronoun other than
that which corresponds to the student’s biological sex without
written consent from the student’s parent or legal guardian. For
the purposes of this subsection, “biological sex” means the physical
condition of being male or female based on genetics and physiology
as identified on the student’s original birth certificate.
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E. Classroom instruction provided by school district personnel
or third parties on sexual orientation or gender identity:
1. Shall not occur in grades kindergarten through six; and
2. Shall be provided in a manner that is age-appropriate or
developmentally appropriate for students in grades seven through
twelve.
F. Prior to administering a student well-being questionnaire or
health screening form to a student in grades kindergarten through
three, a school district shall provide the questionnaire or health
screening form to the parents or legal guardians of the students and
shall obtain written consent from the parents or legal guardians
prior to administration of the questionnaire or survey.
G. 1. Each school district board of education shall adopt
procedures for a parent or legal guardian to notify the district
superintendent or his or her designee regarding concerns relating to
this section and the process for resolving those concerns within
seven (7) calendar days after receipt of notification from the
parent or legal guardian.
2. At a minimum, the procedures shall require that within
thirty (30) days after notification from a parent or legal guardian
that the concern remains unresolved, the school district shall
either resolve the concern or provide a statement of the reasons for
not resolving the concern.
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3. If a concern is not resolved by the school district, a
parent or legal guardian may:
a.
request the State Superintendent of Public Instruction
to appoint an administrative law judge, who shall
determine facts relating to the dispute over the
school district procedures, consider information
provided by the school district, and render a
recommended decision for resolution to the State Board
of Education within thirty (30) days of receipt of the
request by the parent or legal guardian. The State
Board of Education shall approve or reject the
recommended decision at its next regularly scheduled
meeting that is more than seven (7) calendar days and
no more than thirty (30) days after receipt of the
recommended decision. The costs of the administrative
law judge shall be borne by the school district, or
b.
bring an action against the school district to obtain
a declaratory judgment that the school district
procedures violate the provisions of this section and
seek injunctive relief. A court may award damages and
shall award reasonable attorney fees and court costs
to a parent or legal guardian who receives declaratory
or injunctive relief.
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H. Each school district board of education shall adopt policies
to notify parents and legal guardians of the procedures adopted
pursuant to this section.
I. The State Board of Education shall promulgate rules to
implement the provisions of this section including but not limited
to school district personnel guidelines that conform to the
provisions of this section.
SECTION 2. This act shall become effective July 1, 2023.
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.
59-1-477
EB
12/13/2022 12:03:56 PM