Text of OK SB 932 (2023)

Education; prohibiting certain employees, volunteers, and contractors from using certain names or pronouns without written consent. Effective date. Emergency.

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Req. No. 1317 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 59th Legislature (2023) SENATE BILL 932 By: Jett AS INTRODUCED An Act relating to education; prohibiting certain employees, volunteers, and contractors from using certain names or pronouns without certain consent; defining term; prohibiting certain schools and institutions from requiring use of certain pronouns; providing penalty for noncompliance; providing for certain relief; providing for promulgation of rules; 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 1-126 of Title 70, unless there is created a duplication in numbering, reads as follows: A. Employees, volunteers, and contractors of a school district, public charter school, public virtual charter school, technology center school, or institution of higher education within The Oklahoma State System of Higher Education shall be prohibited from: 1. Using a name to address a student under the age of eighteen (18) other than the name listed on a student’s birth certificate, or Req. No. 1317 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 derivatives thereof, without written consent from the student’s parent or legal guardian; or 2. Using a pronoun to address a student under the age of eighteen (18) that is different from the student’s biological sex without written consent from a student’s parent or legal guardian. For the purposes of this section, “biological sex” means the sex of an individual as listed on an original birth certificate. B. 1. School districts, public charter schools, public virtual charter schools, technology center schools, and institutions of higher education within The Oklahoma State System of Higher Education shall be prohibited from requiring an employee, volunteer, or contractor from using a pronoun that does not match the biological sex of an employee, volunteer, contractor, or student if doing so is contrary to his or her religious or moral convictions. 2. Upon a finding of noncompliance with the provisions of paragraph 1 of this subsection, a school district, public charter school, public virtual charter school, technology center school, or institution of higher education within The Oklahoma State System of Higher Education shall be ineligible to receive state funding for the fiscal years following the year of noncompliance. C. Employees, volunteers, and contractors of a school district, public charter school, public virtual charter school, technology center school, or institution of higher education within The Oklahoma State System of Higher Education and parents or legal Req. No. 1317 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 guardians of students under the age of eighteen (18) enrolled therein may: 1. Seek relief for a violation of this section through the United States Department of Education Office for Civil Rights; and/or 2. Have a cause of action for injunctive relief, damages, and any other relief permitted by law against the school district, public charter school, public virtual charter school, technology center school, or institution of higher education. D. The State Board of Education shall promulgate rules to implement the provisions of this section. SECTION 2. This act shall become effective July 1, 2023. 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. 59-1-1317 EB 1/19/2023 10:53:30 AM