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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Req. No. 477 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 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: Req. No. 477 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 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 Req. No. 477 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 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. Req. No. 477 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 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. Req. No. 477 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 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. Req. No. 477 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 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