Text of OK SB 348 (2025)
Schools; directing responsibility for content of all instructional materials; requiring adoption of policy for objections to use of specific materials. Effective date. Emergency.
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As introduced
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Req. No. 833
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 348
By: Bergstrom
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 5-117, which relates to powers and duties of
school district boards of education; updating
statutory language; updating statutory references;
requiring educational service providers, their
employees and representatives, and services to afford
certain parents and legal guardians the rights
provided by the Parents’ Bill of Rights; providing
each school district board of education and its
administration the responsibility for content of all
instructional materials used or made available;
directing school district boards of education to
adopt certain policy; providing for posting of
policy; providing for contents of policy; directing
certain form to be prescribed by certain rules;
allowing certain evidence to be submitted; providing
for removal of certain instructional material upon
receipt of certain objection; authorizing reading of
certain passages; directing school districts to
discontinue use of certain instructional materials
under certain circumstances; directing school
district boards of education to establish certain
procedure to contest adoption of certain materials;
providing for submission of certain petition on
certain form within certain time period; directing a
school district board of education to conduct certain
hearing within certain time period; directing
recommendation to be made; amending Section 1,
Chapter 106, O.S.L. 2022 (70 O.S. Supp. 2024, Section
11-201), which relates to school library media
centers; directing all print materials, nonprint
materials, and multimedia resources to be subject to
certain provisions; amending 70 O.S. 2021, Sections
16-102 and 16-111, which relate to textbook adoption;
updating statutory language; directing review team
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members to take certain factors into consideration in
recommending textbooks and instructional materials;
requiring selected textbooks to meet certain
requirements; modifying membership of local textbook
committees; directing review process to use certain
criteria; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-117, is
amended to read as follows:
Section 5-117. A. The board of education of each school
district shall have power to:
1. Elect its own officers; provided that the chair of the board
authorized in Section 5-107B of this title shall be elected by the
electors of the school district;
2. Make rules, not inconsistent with the law or rules of the
State Board of Education, governing the board and the school system
of the district, including converting all or part of a traditional
public school to a conversion school;
3. Maintain and operate a complete public school system of such
character as the board of education shall deem best suited to the
needs of the school district;
4. Designate the schools to be attended by the children of the
district;
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5. Provide and operate, when deemed advisable, cafeterias or
other eating accommodations, thrift banks, or other facilities for
the teaching and practice of thrift and economy, bookstores, print
shops, and vocational and other shops;
6. Provide informational material concerning school bond
elections and millage elections, including, but not limited to, all
pertinent financial information relative to the bond issue, a
statement of revenue sources necessary to retire proposed bonds, a
statement of current bonded indebtedness of the school district, and
a statement of proposed use of funds to be generated by the proposed
bond issue. The informational material shall not contain the words
“vote yes” or “vote no” or any similar words or statement any place
anyplace on such informational material;
7. Purchase, construct, or rent, and operate and maintain,
classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
places and playgrounds, teacherages, school bus garages,
laboratories, administration buildings, and other schoolhouses and
school buildings, and acquire sites and equipment for the operation
of public schools or conversion schools;
8.
a.
Insure the school district or its employees against
any loss, damage, or liability as defined by Sections
702 through 708 of Title 36 of the Oklahoma Statutes,
or other forms of insurance provided for in Title 36
of the Oklahoma Statutes.
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b.
Subject to the restrictions of liability in the The
Governmental Tort Claims Act:
(1) insure the school district against all or any
part of any liability it may incur for death,
injury, or disability of any person, or for
damage to property, either real or personal,
(2) insure any employee of the school district
against all or any part of the employee’s
liability for injury or damage resulting from an
act or omission in the scope of employment, or
(3) insure against the expense of defending a claim
against the school district or its employee,
whether or not liability exists on such claim.
c.
As used in this subsection, “employee” means any
person who has acted in on behalf of a school
district, whether that person is acting on a permanent
or temporary basis with or without being compensated
or on a full-time or part-time basis. Employee also
includes all elected or appointed officers, members of
governing bodies of a school district, and persons
appointed, and other persons designated by a school
district to act in its behalf.
d.
The cost or premium of any such insurance is a proper
expenditure of the school district.
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e.
Any insurance authorized by law to be purchased,
obtained, or provided by a school district may be
provided by:
(1) self-insurance, which may be, but is not required
to be, funded by appropriations to establish or
maintain reserves for self-insurance purposes.
Any self-insurance reserve fund shall be
nonfiscal and shall not be considered in
computing any levy when the school district makes
its annual estimate for needed appropriations,
(2) insurance in any insurer authorized to transact
insurance in this state,
(3) insurance secured in accordance with any other
method provided by law, or
(4) any combination of insurance authorized by this
section subsection.
f.
Two or more school districts or public agencies, by
interlocal agreement made pursuant to the Interlocal
Cooperation Act, may provide insurance for any purpose
by any one or more of the methods specified in this
section subsection. The pooling of self-insured
reserves, claims, or losses among governments as
authorized in this section subsection shall not be
construed to be transacting insurance nor otherwise
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subject to the provisions of the laws of this state
regulating insurance or insurance companies, except as
to the provisions of Section 607.1 of Title 36 of the
Oklahoma Statutes. Two or more school districts may
also be insured under a master policy or contract of
insurance. Premium costs may be set individually for
each school district or apportioned among
participating school districts as provided by the
master policy or contract;
9. Acquire property by condemnation proceedings in the same
manner as land is condemned for railroad purposes. School district
funds may be used to erect buildings on leased land on which other
buildings have been erected prior to April 3, 1969, or on land which
is leased from a governmental entity;
10. Lease real or personal property to the state or any
political subdivision thereof or a not-for-profit entity operating
pursuant to Section 868 of Title 18 of the Oklahoma Statutes for
nominal cash consideration for so long as the use of the property by
the lessee substantially benefits, in whole or in part, the same
public served by the school district;
11. a.
Dispose of personal or real property no longer needed
by the district by sale, exchange, lease, lease-
purchase, sale, and partial lease back, or otherwise.
Real property shall be conveyed pursuant to a public
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sale, public bid, or private sale; provided, however,
unless otherwise prohibited by law, the board of
education of a consolidated or annexed school district
or any other school district may convey real property
to a local political subdivision or to an educational
institution within The Oklahoma State System of Higher
Education or to a housing authority formed pursuant to
the provisions of Section 1057 of Title 63 of the
Oklahoma Statutes without consideration. Prior to the
sale of any real property, the board of education
shall have the real property appraised. The appraisal
shall be confidential until the real property is sold.
When the real property is sold, the board of education
shall make the appraisal available for public
inspection. Prior to the conveyance of any real
property by private sale, the board of education shall
have offered the real property for sale by public sale
or public bid. Any conveyance of real property by
private sale to a nonprofit organization, association,
or corporation to be used for public purposes, unless
for exchange, shall contain a reversionary clause
which returns the real property to the board of
education upon the cessation of the use without profit
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or for public purposes by the purchaser or the assigns
of the purchaser,
b.
If a board of education makes the decision to dispose
of real or personal property that is leased at the
time the decision is made, whether such disposal is by
public sale, public bid, or private sale, the lessee
shall have a right of first refusal to purchase the
property on the following terms and conditions:
(1) if a board of education receives a bid or offer
in a public sale, public bid, or private sale for
any real or personal property that it desires to
accept, then it shall provide notice to the
lessee of the property. The notice shall include
the identity of the prospective purchaser of the
property, the terms and conditions of the
proposed sale, and the purchase price to be paid
by the prospective purchaser, and
(2) the lessee shall have thirty (30) days after
receipt of the notice to inform the board of
education that it elects to purchase the property
on the same terms and conditions set forth in the
notice, in which event the board of education
shall convey the property to the lessee on all
the same terms and conditions set forth in the
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notice; provided, however, that if any portion of
the consideration included in the purchase price
set forth in the notice is not in cash, then the
lessee shall be entitled to pay the fair market
value in cash of such noncash consideration;
12. Purchase necessary property, equipment, furniture, and
supplies necessary to maintain and operate an adequate school
system;
13. Incur all expenses, within the limitations provided for by
law, necessary to perform all powers granted by the provisions of
this section;
14. Contract with and fix the duties and compensation of
physicians, dentists, optometrists, nurses, attorneys,
superintendents, principals, teachers, bus drivers, janitors, and
other necessary employees of the district;
15. Establish a written policy for reimbursement of necessary
travel expenses of employees and members of the board. The policy
may include in-district travel from the site of employment
assignment which is necessary in the performance of employment
duties. The written policy shall specify procedures, contain
documentation requirements, and may include payment of meal expenses
during authorized travel on a per diem allowance basis rather than
itemized documentation;
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16. Pay necessary travel expenses and other related expenses of
prospective employees for sponsored visits to the school district
pursuant to a written policy specifying procedures containing
documentation requirements equal to or greater than the requirements
specified by law for state employees in the State Travel
Reimbursement Act;
17. Provide for employees’ leaves of absence without pay;
18. Exercise sole control over all the schools and property of
the district, subject to other provisions of the Oklahoma School
Code;
19. Allow district-owned school buses to be used for
transportation of students from other districts or educational
institutions while within the district on educational tours. This
The provisions of this paragraph shall not restrict the authority of
the board to authorize any other use of such buses which may now be
permitted by law or rule of the State Board of Education;
20. Enter into contractual agreements with the board of
trustees of a multicounty library system, as defined in Section 4-
103 of Title 65 of the Oklahoma Statutes, a city-county library
commission, as defined in Section 152 of Title 65 of the Oklahoma
Statutes, or a rural single county library system, as defined in
Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as
may be mutually agreed, except no district board of education may
enter into any agreement under which the library services for the
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school would be provided at any site other than the school site or
which would result in library services that do not meet
accreditation standards as required by law or rule;
21. Perform all functions necessary to the administration of a
school district in Oklahoma this state as specified in the Oklahoma
School Code, and in addition thereto, those powers necessarily
implied but not delegated by law to any other agency or official;
22. Prepare and distribute at the expense of the school
district any and all material which has the purpose of informing the
public about district activities;
23. Solicit and accept any gift, grant, or donation of money or
property for the use of the school district. Any gift, grant, or
donation of money may be deposited in the general fund or building
fund of the school district; and
24. Pay necessary meal and lodging expenses of school district
students and sponsors involved in authorized school-sponsored
cocurricular activities. The board of education shall establish a
written policy for reimbursement of necessary meal and lodging
expenses of school district students and sponsors. The written
policy shall specify procedures, contain documentation requirements,
and designate the funds from which reimbursement may be made.
Reimbursement may be made from the General Fund.
B. The board of education of any school district may rent real
and personal property, if such items are necessary for the operation
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of the school, and pay the rental charges for the usage during any
fiscal year, or portion thereof, out of appropriations made and
approved for current expense purposes during the fiscal year. Any
rental contract extending beyond June 30 of the fiscal year shall be
void unless it contains provisions for mutual ratification of
renewal pursuant to the conditions provided for in this subsection.
It is the intent of this subsection to authorize boards of education
to enter into lease contracts but not to incur any obligation
against the school district in excess of the income and revenue
provided for such purposes for the fiscal year in which the lease
contract is operative. Any lease or lease-purchase agreement
entered into by any board of education shall state the purchase
price of real or personal property so leased. The lease or lease-
purchase shall not be extended so as to cause payment of more than
the original purchase price of the real or personal property, plus
interest not to exceed the legal rate. When the purchase price plus
interest has been paid, the property shall belong to the lessee and
the lessor shall deliver a deed or bill of sale to the property to
the lessee. When any real or personal property has been leased or
rented during any fiscal year pursuant to the provisions of any
contract which permits continuance of the rental for the remainder
of the fiscal year, the renting or leasing of the property shall be
continued for the remainder of the fiscal year unless the board of
education renting or leasing the same certifies by proper resolution
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entered in the minutes of the board of education that the
continuance of the rental is unnecessary and contrary to the public
interest. Any lease-purchase agreement entered into shall include
the right of a school district to acquire buildings, equipment, or
other facilities or discrete components thereof or improve school
sites through a lease-purchase agreement. A school district may use
proceeds derived from the sale of bonds as authorized by Section 26
of Article X of the Oklahoma Constitution to make lease-purchase
payments, including interest, under a lease-purchase agreement. For
purposes of this subsection, the term “acquired” as used in Section
26 of Article X of the Oklahoma Constitution shall mean the
possession, control, or power to dispose of personal or real
property.
C. The boards of education of two or more school districts may
enter into cooperative agreements and maintain joint programs
including, but not limited to, courses of instruction for
handicapped children with disabilities, courses of instruction in
music and other subjects, practical instruction for trades and
vocations, practical instruction in driver training courses, and
health programs including visual care by persons legally licensed
for such purpose, without favoritism as to either profession. The
revenues necessary to operate a joint program approved in
cooperative agreements, whether from federal, state, or local
sources, including the individual contributions of participating
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school districts, shall be deposited into a fund separate from all
other appropriated funds. The beginning fund balance each year,
combined with all actual revenues, including collected and estimated
revenues, must shall be appropriated before being expended.
Purchase orders shall be issued against available appropriations
and, once goods or services have been received, either payable or
nonpayable warrants shall be issued in payment of all purchase
orders. The fund shall be reported as a separate appropriated fund
in all the financial reports of the school district which is chosen
by the other school districts to keep the accounting records of the
joint program.
D. The boards of education of two or more school districts may
enter into a mutual contract or separate contracts with a
superintendent, administrator, or teacher or with a person to
provide support services, to serve as superintendent, administrator,
or teacher, as appropriately qualified, or to provide support
services, for each contracting district upon such terms and
conditions as the parties may agree. Nothing in this section shall
be construed to authorize or require annexation or consolidation of
any school districts or the closing of any school site except
pursuant to law as set forth in Section 7-101 et seq. of this title.
E. Any school district may operate or maintain a school or
schools on any military reservation which is within the boundaries
of the school district or which is adjacent to the school district,
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and provide the instruction in the school or schools to children of
personnel on the military reservation and, in doing so, shall
conform to all federal laws and requirements.
F. The board of education of each school district shall adopt
and maintain on file in the office of the superintendent of schools
appropriate personnel policy and sick leave guide. The guide shall
be made available to the public.
G. The board of education of any school district with an
average daily membership of thirty thousand (30,000) or more and all
or part of which school district is located in a county having a
population of more than five hundred thousand (500,000) population
according to the latest Federal Decennial Census may contract with a
public or private nonsectarian entity for that entity to provide
educational and administrative services for the school district.
The educational services provided by a contracting entity may
include, but are not limited to, the delivery of instructional
service in core and noncore academic subjects to the students
enrolled in the school district at one or more school sites or parts
of sites within the district pursuant to the terms of an educational
services contract. All educational service providers and their
employees and representatives and all educational and administrative
services provided under an educational services contract shall be
exempt from all statutes and rules relating to schools, boards of
education, and school districts to the same extent that a charter
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school is exempt under the Oklahoma Charter Schools Act. All
educational service providers, their employees and representatives,
and all educational and administrative services provided pursuant to
an educational services contract shall afford parents and legal
guardians of students who are provided services by a contracting
entity pursuant to this subsection their rights provided by the
Parents’ Bill of Rights. For all purposes including, but not
limited to, attendance, funding from all sources, and
accountability, all students who are provided services by a
contracting entity pursuant to an educational services contract
shall at all times be and remain students of the school district.
H. Each school district board of education and its
administration shall be responsible for the content of all
instructional materials and any other materials used or made
available in a classroom or classroom library or included on a
reading list, whether such materials are purchased from the list of
textbooks, as defined in Section 16-102 of this title, or purchased
without the use of state-appropriated funds.
I. Each school district board of education shall adopt a policy
outlining procedures for the processing and resolution of objections
regarding the use of a specific instructional material provided
pursuant to subsection H of this section when the objection is
submitted by the parent or legal guardian of a student or a resident
of the school district. The board of education policy shall be easy
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to read and understand and be easily accessible on the home page of
the school district’s website. The objection shall be submitted on
a form prescribed by administrative rules promulgated by the State
Board of Education, and the school district board of education shall
include on the form the name, job title, and contact information of
the school district employee responsible for receiving objections
submitted pursuant to this subsection. The policy adopted by the
school district board of education shall allow a parent or legal
guardian of a student or a resident of the school district to submit
evidence that:
1. An instructional material does not meet the criteria of
subsection F of Section 16-102 of this title or subsection B of
Section 16-114a of this title;
2. An instructional material uses terms defined contrary to the
definitions provided for in Section 16 of Title 25 of the Oklahoma
Statutes if the material was selected for use in a course or made
available to students in the school district; or
3. An instructional material or any other material used or made
available in a classroom or classroom library or included on a
reading list contains content which:
a.
is material described in Section 1021 of Title 21 of
the Oklahoma Statutes or is pornographic or obscene
material as the term is used in Section 1021.2 of
Title 21 of the Oklahoma Statutes,
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b.
depicts or describes sexual conduct, as defined in
Section 1024.1 of Title 21 of the Oklahoma Statutes,
unless such material is for a course for which a
parent or legal guardian has provided written consent
for a student to participate,
c.
is not suited for the needs of students and their
abilities to comprehend the curriculum material being
presented, or
d.
is not appropriate for the grade level for which the
instructional material is used.
J. 1. Any instructional material that is subject to an
objection based on subparagraphs a or b of paragraph 3 of subsection
I of this section shall be removed within five (5) school days of
receipt of the objection and shall remain unavailable to students
until the objection is resolved. Parents or legal guardians of a
student enrolled in the school district or a resident of the school
district shall be authorized to read passages from any instructional
material subject to an objection submitted for reasons outlined in
this paragraph.
2. If a school district board of education denies a parent or
legal guardian of a student enrolled in the district or a resident
of the school district the opportunity to read passages from an
instructional material due to content that meets the criteria of
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subparagraph b of paragraph 3 of subsection I of this section, the
school district shall discontinue use of the instructional material.
3. If a school district board of education finds that any
instructional material meets the criteria of paragraphs 1 or 2 of
subsection I of this section or that any instructional material
meets the criteria of subparagraph a of paragraph 3 of subsection I
of this section, the school district shall discontinue use of the
instructional material.
4. If a school district board of education finds that any
instructional material meets the criteria of subparagraphs b, c, or
d of paragraph 3 of subsection I of this section, the school
district shall discontinue use of the material for any grade level
for which such use is determined by the board to be inappropriate or
unsuitable.
K. Each school district board of education shall establish a
procedure through which the parent or legal guardian of a student
enrolled in the school district or a resident of the school district
may contest the board of education’s adoption of a specific
instructional material for reasons outlined in subsection F of
Section 16-102 of this title or subsection B of Section 24-157 of
this title. The parent or legal guardian of the student or a
resident of the school district shall submit a petition on a form
prescribed by the school district within thirty (30) calendar days
of the school district board of education’s adoption of the
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instructional material. The form shall be easily accessible on the
home page of the school district’s website. The form shall be
signed by the parent or legal guardian of the student enrolled in
the school district or the resident of the school district, include
contact information for the individual submitting the form, and
include the reason for the objection to the adoption of the
instructional material based on criteria provided for in this
subsection. Within thirty (30) calendar days of receipt of the form
submitted pursuant to this subsection, the school district board of
education shall conduct a minimum of one public hearing before a
board-appointed hearing officer, who shall not be an employee of the
school district. The hearing shall provide sufficient procedural
protections to allow each petitioner an adequate and fair
opportunity to be heard and present evidence to the hearing officer.
The hearing officer shall make a recommendation to the school
district board of education, and the board of education’s decision
shall be final, not subject to further review.
SECTION 2. AMENDATORY Section 1, Chapter 106, O.S.L.
2022 (70 O.S. Supp. 2024, Section 11-201), is amended to read as
follows:
Section 11-201. A. As school library media center resources
are finite, the library media program shall be reflective of the
community standards for the population the library media center
serves when acquiring an age-appropriate collection of print
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materials, nonprint materials, multimedia resources, equipment, and
supplies adequate in quality and quantity to meet the needs of
students in all areas of the school library media program.
B. All print materials, nonprint materials, and multimedia
resources that are part of a library media center shall be subject
to the provisions of subsections H and I of Section 5-117 of this
title.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 16-102, is
amended to read as follows:
Section 16-102. A. The State Textbook Committee shall meet at
the call of the chair as often as necessary, with two (2) weeks’
public notice, to discharge its responsibilities. If necessary, not
later than the first day of December of each year the State Textbook
Committee shall meet to select textbooks for subjects taught in the
public schools of the state for grades prekindergarten through
twelve, which selections shall be for not more than six (6) years
for every textbook.
B. The Committee may suspend any currently pending selection
process of textbooks and may extend by at least two (2) years the
six-year adoption period of those textbooks currently on the state
adopted list, for the purpose of delaying for two (2) years the six-
year adoption cycle of subjects.
C. “Textbooks”, as As used in Sections 16-101 through 16-124 of
this title, “textbooks” means instructional materials that are
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designed for use by pupils as a learning resource. Instructional
materials may be printed or nonprinted and may include textbooks,
technology-based and other educational materials.
D. “List of textbooks” or “the list”, as As used in Sections
16-101 through 16-111 of this title, “list of textbooks” or “the
list” means the official textbook list required by Section 6 of
Article XIII of the Oklahoma Constitution. The list shall include
the textbooks and other instructional materials selected by the
State Textbook Committee for use in the common schools of the state.
E. 1. The State Department of Education, in coordination with
the State Textbook Committee, shall approve an application process
to assemble annually one or more review teams comprised of subject
matter experts for each subject area under review to assist the
Committee in reviewing textbooks and instructional materials. The
number of review teams shall be contingent on the number of subject
areas under review each year. Members of the review teams shall
have specific expertise in the subject areas being reviewed that
year. Review teams shall consist of no less fewer than twelve
members each, but may be as large as is deemed necessary by the
State Textbook Committee and the State Department of Education.
Subject to the availability of funds within the State Department of
Education, members of the review teams shall receive from the
Department necessary traveling expenses while in the performance of
duties pursuant to the State Travel Reimbursement Act.
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2. Members of review teams shall consider for recommendation
textbooks and instructional materials developed for academically
talented students including students enrolled in advanced placement
courses.
3. When recommending textbooks, each review team shall:
a.
include only textbooks and instructional materials
that maintain that a person’s sex, as defined by
Section 16 of Title 25 of the Oklahoma Statutes, is an
immutable biological trait and that it is false to
ascribe to a person a pronoun that does not correspond
to a person’s sex. The provisions of this
subparagraph shall not apply to textbooks or
instructional materials that provide instruction about
individuals born with a genetically or biochemically
verifiable disorder of sex development (DSD)
including, but not limited to: 46,XX DSD; 46,XY DSD;
sex chromosomes DSDs; XX or XY sex reversal; and
ovotesticular disorder, and
b.
require, when appropriate for the comprehension of
students, that materials for social studies, history,
or civics classes contain the culturally and
historically significant stories that shaped the
United States including, but not limited to, the
Federalist Papers, the Anti-Federalist Papers, the
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Declaration of Independence, and the United States
Constitution. A reviewer may not recommend any
textbook or instructional material that contains any
matter reflecting on an individual in such a way that
implies collective guilt upon persons because of their
race, color, creed, national origin, ancestry, gender,
religion, disability, socioeconomic status, or
occupation or that otherwise promotes concepts
prohibited by Section 24-157 of this title.
F. The Committee shall select textbooks or series of textbooks
for each subject, which, to the greatest extent possible, are
aligned with the subject matter standards adopted by the State Board
of Education pursuant to Section 11-103.6 of this title. The
Committee, in consultation with the State Department of Education,
shall adopt a rubric to be used by the review teams as a means of
evaluating textbooks submitted for review. The rubric shall contain
a three-tiered rating system in which the first tier shall be
labeled “Exemplifies Quality”, the second tier shall be labeled
“Approaching Quality”, and the third tier shall be labeled “Not
Representing Quality”. The rubric shall also include, but not be
limited to, criteria for alignment to subject matter standards such
that all standards are present and treated with the appropriate
depth to support students in learning the skills and information
contained in the subject matter standards, as well as usability for
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teacher planning, learning, assessment, and differentiated
instruction. The Committee, in consultation with the review teams,
may include additional criteria specific to the subject area being
reviewed. The rubric shall require each criterion to be scored
individually with justification, and shall provide an overall
recommendation for the rating.
G. Review teams shall review all materials in accordance with
the rubric adopted in pursuant to subsection F of this section and
shall submit the review and recommended rating to the Committee.
The Committee shall consider but not be required to accept the
recommended rating of the review teams. The Committee may request
that the review teams supply additional information to support their
recommendations, or the Committee may provide its own justification
utilizing the adopted rubric.
H. The Committee, having verified that the review process has
been conducted in a scrupulous and fair manner, shall adopt a final
rating for each textbook prior to including it on the textbook list
required by Section 16-110 of this title. The completed rubric for
each evaluated textbook, including the review team’s
recommendations, shall be made publicly available on the State
Textbook Committee website.
I. After a final textbook list is published, the State Textbook
Committee may determine that unusual or extraordinary circumstances
exist in a particular subject area during the period for which
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textbooks have been selected for that subject area. Unusual or
extraordinary circumstances shall include, but not be limited to,
significant new techniques of teaching in a particular subject area
or significant new findings or discoveries in a particular subject
area. Upon a determination by three-fourths (3/4) of the members of
the State Textbook Committee that unusual or extraordinary
circumstances exist in a particular subject area, the Committee may
select one or more textbooks in that subject area for the remainder
of the adoption period.
J. The State Department of Education shall house the website of
the State Textbook Committee on its agency website.
K. Five or more district boards of education may petition the
State Board of Education to add a book or series of textbooks to the
approved list selected by the State Textbook Committee.
L. Textbooks selected by the Committee shall be accurate,
objective, balanced, noninflammatory, current, suited to the needs
of students and their ability to comprehend the material presented,
and free from material described in Section 1021 of Title 21 of the
Oklahoma Statutes or pornographic or obscene material as the term is
used in Section 1021.2 of Title 21 of the Oklahoma Statutes.
M. The State Board of Education shall promulgate rules to
implement the method and time frame for handling the petitions in
the most expeditious manner.
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SECTION 4. AMENDATORY 70 O.S. 2021, Section 16-111, is
amended to read as follows:
Section 16-111. A. Except as otherwise provided for in
subsection E of this section, the superintendent of schools of each
school district in the state shall appoint a local textbook
committee consisting of not fewer than three four nor more than nine
twelve members. Each committee shall have one lay member four
parents or legal guardians of students enrolled in the school
district, with the remainder of the members being teachers employed
in the public schools of the district, a majority of whom shall be
classroom teachers. The superintendent of schools or a designee who
shall be a principal or a curriculum specialist shall serve as
chairperson of the local textbook committee.
B. Upon the written request of any duly appointed local
textbook coordinator, the publisher of a textbook selected by the
State Textbook Committee shall furnish at least one examination copy
of the textbook and the teacher edition of the textbook, if one is
published, and a copy of software for purposes of complete
demonstration and review, if available, to the school district so
that the local textbook committee may examine any or all new
adoptions in the subjects taught or to be taught in schools in the
district.
C. Except as otherwise provided for in subsection E of this
section, on or before a date to be fixed by the State Board of
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Education, each local textbook committee shall adopt textbooks only
from the list of textbooks selected by the State Textbook Committee
in a manner as shall be prescribed by the State Board of Education.
In order for the local textbook committee to adopt a textbook that
was not reviewed by the State Textbook Committee, the local textbook
committee shall conduct a review process in a manner prescribed by
the State Board of Education and using the same criteria provided
for in Section 16-102 of this title. Each local textbook committee
shall serve without compensation and shall cease to exist when local
adoptions have been completed and shall be replaced by another local
textbook committee appointed in the same manner as provided for in
this section.
D. Except as otherwise provided for in subsection E of this
section, on or before a date to be fixed by the State Board of
Education, the superintendent of each school district shall submit
to the State Board of Education a textbook plan outlining the
estimated number of textbooks needed by the school district and the
total amount of money to be expended by the district for textbooks
including the allocated funds and any additional supplemental funds
to be expended. The superintendent or textbook coordinator
appointed by the superintendent shall place orders from the proper
depository or depositories for all of the textbooks needed as
outlined in the textbook plan by the district for the ensuing year.
The superintendent of a school district or textbook coordinator may
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order any textbooks placed on the official list of textbooks. If
the order exceeds the allocation for each school district as
provided in Section 16-114a of this title, any additional funds
expended shall be reported on the statement of expenditures for the
district.
E. 1. If a school district makes the election as provided for
in subsection B of Section 16-114a of this title, the district shall
not be required to appoint a local textbook committee, adopt
textbooks, submit a textbook plan, or expend money on the purchase
of textbooks during any fiscal year as provided for in this
subsection.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to
the State Board of Education for the financial support of public
schools for the fiscal year ending June 30, 2019. Provided, the
Fifty Million Dollars ($50,000,000.00) shall not include any amount
of appropriations dedicated for support or certified employee salary
increases.
SECTION 5. This act shall become effective July 1, 2025.
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SECTION 6. 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.
60-1-833
EB
1/3/2025 10:07:42 AM