Text of OK SB 848 (2025)
Education funding; creating the Oklahoma Independent Education Act; requiring development of plan to phase out acceptance and use of certain federal funds. Effective date. Emergency.
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As introduced
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 848
By: Bullard
AS INTRODUCED
An Act relating to education funding; creating the
Oklahoma Independent Education Act; providing short
title; stating legislative intent; providing purpose
of act; prohibiting certain school districts and
charter schools from using or being forced to use
certain funds for certain activities; defining terms;
directing the State Department of Education and the
State Board of Education to develop certain plan;
requiring submission of plan; providing for adoption
of plan; providing for creation of certain working
group; providing for membership; requiring
appointments within certain time period; prohibiting
certain members from receiving certain compensation
or travel reimbursement; exempting the working group
from certain acts; providing for staff support;
requiring submission of certain report; 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 18-104.1 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 “Oklahoma
Independent Education Act”. In accordance with the Tenth Amendment
to the United States Constitution, the Legislature finds it
necessary to protect the values, funding, and independence of public
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schools, students, parents, and taxpayers in this state. The
purpose of this act is to ensure that no public school in this state
may be compelled by threat of defunding to establish policies that
are not in line with the purpose of public schools, which is to
prepare students with knowledge which will help them perform well in
society and the workplace by having fundamental skills in reading,
writing, mathematics, observable science, and primary-sourced
history and government.
B. 1. No school district or public charter school in this
state shall use, or be forced to use through intimidation or threat
by the United States Department of Education, private, state, or
federal funds to develop, organize, administer, engage in, promote,
or endorse any activity including any event, initiative, official
communication, social media post, educational program, or public
campaign, that aims to promote or recognize sexual orientation or
gender identity.
2. For the purposes of this section:
a.
“gender identity” means a person’s innate sense of
gender, chiefly used in contexts where it is
contrasted with the biological sex of the person at
birth, and
b.
“sexual orientation” means a person’s identity in
relation to the gender or genders to which the person
is sexually attracted.
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C. The State Department of Education and the State Board of
Education shall develop a plan to phase out the acceptance and use
of funds provided by the federal government for the support of pre-
kindergarten through twelfth grade education in this state and
replace those funds with state funds. The plan shall include but
not be limited to a proposed timeline for phasing out acceptance and
use of federal funds, the projected need for state or local funds to
replace the federal funds, and the reasons for the need to phase out
the federal funds. The plan shall be submitted to the Governor, the
President Pro Tempore of the Senate, and the Speaker of the House of
Representatives. The Legislature may adopt the plan through passage
of legislation approved by a majority of the Senate and House of
Representatives and signed by the Governor.
D. 1. The Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives shall form a working
group to monitor implementation of the provisions of this act. The
working group shall be comprised of:
a.
the chair of the Senate Appropriations Committee and
one other member of the Senate, appointed by the
President Pro Tempore of the Senate,
b.
the chair of the House Appropriations and Budget
Committee and one other member of the House of
Representatives, appointed by the Speaker of the House
of Representatives, and
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c.
one member appointed by the Governor, who shall serve
as chair of the working group.
2. Appointments to the working group shall be made within
thirty (30) days after the effective date of this act. Members of
the working group shall receive no compensation or travel
reimbursement, except legislative members who shall be reimbursed
for necessary travel expenses in accordance with the provisions of
Section 456 of Title 74 of the Oklahoma Statutes.
3. The working group shall not be subject to the Oklahoma Open
Meeting Act or the Oklahoma Open Records Act.
4. The State Department of Education shall provide staff and
administrative support for the working group.
5. The working group shall submit a report of its findings and
recommendations to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives.
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.
60-1-50
EB
1/16/2025 9:20:50 AM