Text of OK SB 615 (2022)

Req. No. 98 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 58th Legislature (2021) SENATE BILL 615 By: Bullard AS INTRODUCED An Act relating to schools; amending 70 O.S. 2011, Section 11-105.1, as amended by Section 1, Chapter 133, O.S.L. 2019 (70 O.S. Supp. 2020, Section 11- 105.1), which relates to sex education curriculum and materials; requiring curriculum and materials used in connection to a meeting with a school counselor to be available for inspection; providing definition; prohibiting a student from being required to participate in certain meeting with a school counselor; requiring a superintendent or designee to approve all curriculum and materials to be used for certain meeting with counselor; 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. 2011, Section 11-105.1, as amended by Section 1, Chapter 133, O.S.L. 2019 (70 O.S. Supp. 2020, Section 11-105.1), is amended to read as follows: Section 11-105.1. A. All curriculum and materials including supplementary materials which will be used to teach or will be used for or in connection with a sex education class or program which is designed for the exclusive purpose of discussing sexual behavior or attitudes, or any test, meeting with a school counselor, survey or Req. No. 98 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 questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes shall be available through the superintendent or a designee of the school district for inspection by parents and guardians of the student who will be involved with the class, program or test, survey or questionnaire. For the purposes of this section, “sexual behavior or attitudes” shall include but not be limited to sexual orientation and gender identity. Such curriculum, materials, classes, programs, tests, meetings with school counselors, surveys or questionnaires shall include information about consent and shall have as one of its primary purposes the teaching of or informing students about the practice of abstinence. For the purposes of this section, “consent” shall have the same meaning as that provided by Section 113 of Title 21 of the Oklahoma Statutes. The superintendent or a designee of the school district shall provide prior written notification to the parents or guardians of the students involved of their right to inspect the curriculum and material and of their obligation to notify the school in writing if they do not want their child to participate in the class, program, test, survey or questionnaire. Each local board of education shall determine the means of providing written notification to the parents and guardian which will ensure effective notice in an efficient and appropriate manner. No student shall be required to participate in a sex education class or program or participate in a meeting with a school counselor which discusses Req. No. 98 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 sexual behavior or attitudes if a parent or guardian of the student objects in writing to such participation. If the type of program referred to in this section is a part of or is taught during a credit course, a student may be required to enroll in the course but shall not be required to receive instruction in or participate in the program if a parent or guardian objects in writing. B. The superintendent or a designee of a school district in which sex education is taught or a program is offered which is designed for the exclusive purpose of discussing sexual behavior or attitudes shall approve all curriculum and materials which will be used for such education and any test, meeting with a school counselor, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes used in the school prior to their use in the classroom or school. The teacher or school counselor involved in the class, program, testing, meeting or survey shall submit the curriculum, materials, tests or surveys to the superintendent or a designee for approval prior to their use in the classroom or school. This section shall not apply to those students enrolled in classes, programs, testings or surveys offered through an alternative education program. SECTION 2. This act shall become effective July 1, 2021. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby Req. No. 98 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 declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-1-98 EB 1/21/2021 8:45:38 AM

An Act ENROLLED SENATE BILL NO. 615 By: Bullard, Bergstrom, Merrick, Jett, Pederson, Kidd, Pemberton, Rogers, Dugger, Standridge, Quinn, Weaver, Allen, Murdock, Stanley, Garvin, Hamilton, Newhouse, Coleman, Daniels, Dahm, Taylor, and Stephens of the Senate and Williams, Gann, West (Kevin), Crosswhite Hader, Stearman, West (Josh), Conley, Randleman, Moore, Boles, Talley, Frix, McDugle, Roe, Russ, Kendrix, Stark, Ford, Burns, Steagall, Bashore, Luttrell, Smith, and Roberts (Sean) of the House An Act relating to schools; defining terms; directing certain schools to require certain restrooms or changing areas to be used by individuals based on their sex; requiring certain schools to provide reasonable accommodation to certain individuals; providing exceptions under certain circumstances; requiring school district boards of education and public charter school governing boards to adopt certain disciplinary policy; directing state funding of a noncompliant school district or charter school to be decreased by certain percentage in certain fiscal year; creating a cause of action for certain noncompliance; providing for promulgation of rules; providing for codification; and declaring an emergency. ENR. S. B. NO. 615 Page 2 SUBJECT: Schools 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 1-125 of Title 70, unless there is created a duplication in numbering, reads as follows: A. As used in this section: 1. "Sex" means the physical condition of being male or female based on genetics and physiology, as identified on the individual's original birth certificate; and 2. "Multiple occupancy restroom or changing area" means an area in a public school or public charter school building designed or designated to be used by more than one individual at a time, where individuals may be in various stages of undress in the presence of other individuals. The term may include but is not limited to a school restroom, locker room, changing room, or shower room. B. To ensure privacy and safety, each public school and public charter school that serves students in prekindergarten through twelfth grades in this state shall require every multiple occupancy restroom or changing area designated as follows: 1. For the exclusive use of the male sex; or 2. For the exclusive use of the female sex. C. Each public school or public charter school in this state shall provide a reasonable accommodation to any individual who does not wish to comply with the provisions of subsection B of this section. A reasonable accommodation shall be access to a single- occupancy restroom or changing room. D. The provisions of this section shall not apply to individuals entering a multiple occupancy restroom or changing area ENR. S. B. NO. 615 Page 3 designated for use by the opposite sex when entering in any of the following circumstance: 1. For custodial, maintenance, or inspection purposes; or 2. To render emergency medical assistance. E. 1. Each school district board of education and public charter school governing board shall adopt a policy to provide disciplinary action for individuals who refuse to comply with the provisions of this section. 2. No school district board of education or charter school governing board shall adopt a policy contrary to the provisions of this section. F. Upon a finding of noncompliance with the provisions of subsections B and C of this section by the State Board of Education, the noncompliant school district or public charter school shall receive a five percent (5%) decrease in state funding for the school district or public charter school for the fiscal year following the year of noncompliance. G. A parent or legal guardian of a student enrolled in and physically attending a public school district or public charter school shall have a cause of action against the public school district or public charter school for noncompliance with the provisions of subsections B and C of this section. H. The State Board of Education shall promulgate rules to implement the provisions of this section. SECTION 2. 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. ENR. S. B. NO. 615 Page 4 Passed the Senate the 19th day of May, 2022. Presiding Officer of the Senate Passed the House of Representatives the 19th day of May, 2022. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M. By: _________________________________