Text of OK SB 866 (2023)
Schools; requiring written consent to participate in certain curriculum; directing certain curriculum and materials be available for inspection. Effective date. Emergency.
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As introduced
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 866
By: Bullard
AS INTRODUCED
An Act relating to schools; amending 25 O.S. 2021,
Section 2003, which relates to the Parents’ Bill of
Rights; modifying certain rights regarding consent
for sex education instruction and certain activities
regarding sexuality in certain courses; amending 70
O.S. 2021, Section 11-105.1, which relates to sex
education curriculum and materials; requiring
curriculum and materials used in connection to
certain school counselor-led course or used as part
of any other class, program, or activity to be
available for inspection; requiring written consent
from a parent or guardian for a child to participate
in certain instruction or activities; prohibiting a
student from being required to participate in certain
school counselor-led course or certain activities
which discuss sexual orientation and gender identity;
requiring a superintendent or designee to approve all
curriculum and materials to be used for certain
matters pertaining to sexual orientation, gender
identity, or a school counselor-led course;
prohibiting a school district from offering
instruction or certain activities on certain matters
to students in certain grade levels; requiring
certain prior written notification to include a list
of curriculum and materials to be used in certain
activities; providing contents of notification;
providing certain construction; defining terms;
directing certain reduction in state funding of a
noncompliant school district in certain fiscal year;
providing an effective date; and declaring an
emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 2003, is
amended to read as follows:
Section 2003. A. The board of education of a school district,
in consultation with parents, teachers, and administrators, shall
develop and adopt a policy to promote the involvement of parents and
guardians of children enrolled in the schools within the school
district, including:
1. A plan for parent participation in the schools which is
designed to improve parent and teacher cooperation in such areas as
homework, attendance, and discipline;
2. Procedures by which parents may learn about the course of
study for their children and review learning materials, including
the source of any supplemental educational materials;
3. Procedures by which parents who object to any learning
material or activity on the basis that it is harmful may withdraw
their children from the activity or from the class or program in
which the material is used. Objection to a learning material or
activity on the basis that it is harmful includes objection to a
material or activity because it questions beliefs or practices in
sex, morality, or religion;
4. If a school district offers any sex education curricula
pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or
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pursuant to any rules adopted by the State Board of Education,
procedures to opt out of a school district from providing require
written consent from a parent for a child to participate in sex
education instruction to a child if the child’s parent provides
written objection to the child’s participation in the sex education
curricula;
5. Procedures by which parents will be notified in advance of
and given the opportunity to withdraw their children from provide
written consent for a child to participate in any instruction or
presentations, class, program, test, activity, survey, or
questionnaire regarding sexuality in courses other than formal sex
education curricula pursuant to Section 11-105.1 of Title 70 of the
Oklahoma Statutes;
6. Procedures by which parents may learn about the nature and
purpose of clubs and activities that are part of the school
curriculum, as well as extracurricular clubs and activities that
have been approved by the school; and
7. Procedures by which parents may learn about parental rights
and responsibilities under the laws of this state, including the
following:
a.
the right to opt out of in to a sex education
curriculum if one is provided by the school district,
b.
open enrollment rights,
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c.
the right to opt out of assignments pursuant to this
section,
d.
the right to be exempt from the immunization laws of
the state pursuant to Section 1210.192 of Title 70 of
the Oklahoma Statutes,
e.
the promotion requirements prescribed in Section
1210.508E of Title 70 of the Oklahoma Statutes,
f.
the minimum course of study and competency
requirements for graduation from high school
prescribed in Section 11-103.6 of Title 70 of the
Oklahoma Statutes,
g.
the right to opt out of instruction on the acquired
immune deficiency syndrome pursuant to Section 11-
103.3 of Title 70 of the Oklahoma Statutes,
h.
the right to review test results,
i.
the right to participate in gifted programs pursuant
to Sections 1210.301 through 1210.308 of Title 70 of
the Oklahoma Statutes,
j.
the right to inspect instructional materials used in
connection with any research or experimentation
program or project pursuant to Section 11-106 of Title
70 of the Oklahoma Statutes,
k.
the right to receive a school report card,
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l.
the attendance requirements prescribed in Section 10-
106 of Title 70 of the Oklahoma Statutes,
m.
the right to public review of courses of study and
textbooks,
n.
the right to be excused from school attendance for
religious purposes,
o.
policies related to parental involvement pursuant to
this section,
p.
the right to participate in parent-teacher
associations and organizations that are sanctioned by
the board of education of a school district, and
q.
the right to opt out of any data collection instrument
at the district level that would capture data for
inclusion in the state longitudinal student data
system except what is necessary and essential for
establishing a student’s public school record.
B. The board of education of a school district may adopt a
policy to provide to parents the information required by this
section in an electronic form.
C. A parent shall submit a written request for information
pursuant to this section during regular business hours to either the
school principal at the school site or the superintendent of the
school district at the office of the school district. Within ten
(10) days of receiving the request for information, the school
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principal or the superintendent of the school district shall either
deliver the requested information to the parent or submit to the
parent a written explanation of the reasons for the denial of the
requested information. If the request for information is denied or
the parent does not receive the requested information within fifteen
(15) days after submitting the request for information, the parent
may submit a written request for the information to the board of
education of a school district, which shall formally consider the
request at the next scheduled public meeting of the board if the
request can be properly noticed on the agenda. If the request
cannot be properly noticed on the agenda, the board of education of
a school district shall formally consider the request at the next
subsequent public meeting of the board.
SECTION 2. AMENDATORY 70 O.S. 2021, 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, school counselor-led course, survey, or
questionnaire whose primary purpose is to elicit responses on sexual
behavior or attitudes; or any curriculum, materials, test, survey,
questionnaire, activity, or instruction of any kind related to
sexual orientation and gender identity, regardless of whether it is
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offered as part of a sex education class or program or as part of
any other class, program, or activity 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 instruction, class, program or, test, activity, survey, or
questionnaire. Such curriculum, materials, classes, programs,
tests, school counselor-led course, 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 parents or guardians shall provide the school in writing
written consent if they do not want their child to participate in
the instruction, class, program, test, activity, 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 school counselor-led
course which discusses sexual behavior or attitudes, or any
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instruction, class, program, test, activity, survey, or
questionnaire which discusses sexual orientation and gender identity
if a parent or guardian of the student objects in writing to does
not provide written consent for such participation. If the type of
instruction, program, test, activity, survey, or questionnaire
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, test, activity, survey, or questionnaire if a parent or
guardian objects in writing does not provide written consent.
B. The superintendent or a designee of a school district in
which sex education or matters pertaining to sexual orientation or
gender identity is taught or a program is offered which is designed
for the exclusive purpose of discussing sexual behavior or attitudes
or matters pertaining to sexual orientation or gender identity shall
approve all curriculum and materials which will be used for such
education and any test, school counselor-led course, 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 instruction, class, program, testing test, activity, 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
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enrolled in classes, programs, testings tests, or surveys offered
through an alternative education program.
C. A school district shall be prohibited from offering
instruction, a program, a test, an activity, a survey, or a
questionnaire on matters pertaining to sex education, sexual
orientation, or gender identity to students in grades pre-
kindergarten through five.
D. The prior written notification required by subsection A of
this section shall include a list with the audio-visual or written
curriculum and materials to be used in the instruction, class,
program, test, activity, or survey. The notification shall include:
1. A link to the audio-visual or written curriculum and
materials to be used if they are available electronically; or
2. Information on how and where to review a hard copy of the
audio-visual or written curriculum and materials.
E. The provisions of this section shall not be construed to
require written notification prior to:
1. A teacher responding to student questions during class
regarding sexual orientation and gender identity as it relates to
any topic of instruction;
2. Referring to the sexual orientation or gender identity of
any historic person, group, or public figure when such information
provides necessary context in relation to any topic of instruction;
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3. Referring to sexual orientation and gender identity if
necessary to address a disciplinary matter, such as an instance of
bullying; or
4. Responding to student questions or providing assistance
relating to the student’s physical hygiene.
F. The provisions of this section shall not be construed to
require that a public school offer instruction, a class, a program,
a test, an activity, or a survey on sex education, sexual behavior
or attitudes, sexual orientation, or gender identity.
G. For the purposes of this section:
1. “Gender identity” means one’s psychological sense of their
gender. Gender identity may also be known as “gender dysphoria,” a
clinically significant distress or impairment related to a strong
desire to be of another gender, which may include a desire to change
primary and/or secondary sex characteristics; and
2. “Sexual orientation” means an individual’s actual or
perceived orientation as heterosexual, homosexual, or bisexual.
H. Upon a finding of noncompliance with the provisions of this
section by the State Board of Education, the noncompliant school
district shall receive a five percent (5%) reduction in state
funding for the fiscal year following the year of noncompliance.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-28
EB
1/19/2023 10:01:39 AM