Text of OK SB 591 (2025)
Education; creating the Free to Speak Act; prohibiting public school and certain institution of higher learning employees from addressing certain students in certain manner. Effective date. Emergency.
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As introduced
5,544 characters
Req. No. 1330
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 591
By: Deevers
AS INTRODUCED
An Act relating to education; creating the Free to
Speak Act; providing short title; defining terms;
prohibiting public school and certain institution of
higher learning employees from addressing certain
students in certain manner and being subject to
certain adverse actions; prohibiting public school
and certain institution of higher learning students
from being subject to disciplinary actions for
declining to take certain actions; creating a cause
of action; requiring a cause of action to be brought
within certain time period; 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 24-162 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Free to
Speak Act”.
B. As used in this section:
1. “Employee” means an individual employed or contracted by a
public school or state institution of higher learning;
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2. “Female” means an individual who naturally has, had, will
have, or would have but for a developmental or genetic anomaly or
historic accident the reproductive system that at some point
produces, transports, and utilizes eggs for fertilization;
3. “Male” means an individual who naturally has, had, will
have, or would have but for a developmental or genetic anomaly or
historic accident the reproductive system that at some point
produces, transports, and utilizes sperm for fertilization;
4. “Public school” means a public school district in this
state, a public charter school established pursuant to the Oklahoma
Charter Schools Act, and a technology center school district under
the governance of the State Board of Career and Technology
Education. Public school shall not include private schools or home
schools;
5. “Sex” means the physical condition of being male or female
based on genetics and physiology, as identified on an individual’s
original birth certificate;
6. “State institution of higher learning” means an institution
of higher education within The Oklahoma State System of Higher
Education; and
7. “Student” means an individual who is enrolled in a public
school or a state institution of higher learning.
C. An employee of a public school or institution of higher
learning, regardless of the scope of his or her official duties:
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1. Shall not knowingly and intentionally address an
unemancipated minor student by a name other than the student’s legal
name, or a derivative thereof, or by a pronoun or title that is
inconsistent with the student’s sex without the written permission
of a student’s parent or legal guardian;
2. Shall not be subject to adverse employment action for
declining to address a person using a name other than the person’s
legal name, or a derivative thereof, or by a pronoun or title that
is inconsistent with the person’s sex; and
3. Shall not be subject to adverse employment action for
declining to identify his or her pronouns.
D. A student enrolled in a public school or state institution
of higher learning shall not be subject to any disciplinary action
for declining to:
1. Address a person using a name other than the person’s legal
name, or a derivative thereof, or by a pronoun or title that is
inconsistent with the person’s sex; and
2. Identify his or her pronouns.
E. An employee or student who suffers any direct or indirect
harm as a result of a violation of this act shall have a cause of
action for injunctive relief, monetary damages, reasonable attorney
fees and costs, and any other appropriate relief against a public
school or a state institution of higher learning. A cause of action
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brought pursuant to this subsection shall be initiated within two
(2) years of the violation.
SECTION 2. This act shall become effective July 1, 2025.
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.
60-1-1330
EB
1/14/2025 8:16:36 AM