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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 2985 By: Rosecrants
AS INTRODUCED
An Act relating to schools; enacting the Empowering
Parents Over Testing Act of 202 2; enabling parents to
opt their children out of mandatory testing;
prohibiting consequences for students, teachers, and
parents for excusing children from testing;
permitting collection of data by state e ntities;
permitting state entities to encourage taking
standardized tests; providing for codification; and
providing an effective date .
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 11-107.2 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Empowering
Parents Over Testing Act of 2022".
SECTION 2. NEW LAW A new section of law to be codified in
the Oklahoma Statutes as Section 11-107.3 of Title 70, unless there
is created a duplication in numbering, r eads as follows:
It shall be unlawful for the State Department of Education, any
school district, or any officer or employee of the State Department
of Education or of any school district to:
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1. Impose or cause to be imposed on a public school student any
adverse consequences, including, but not limited to, consequences
relating to course grades, grade promotion, graduation, placement in
advanced academic programs, or participation in extracurricular
activities by reason of the public school student having been
excused by his or her parents or guardians from taking any
assessment used to meet the requirements of the federal Elementary
and Secondary Education Act, 20 U.S.C., Sections 6301 through 7981,
as amended by the Every Student Succeeds Act of 2015;
2. Impose or cause to be imposed on a public school teacher any
adverse consequences, including, but not limited to, consequences
relating to teacher evaluations or pay, by reason of one or more of
the teacher's students having been excused by their parents or
guardians from taking any assessment used to meet the requirements
of the federal Elementary and Secondary Education Act, 20 U.S.C.,
Sections 6301 through 7981, as amended by the Every Student Succeeds
Act; or
3. Impose or cause to be imposed on a public school any adverse
consequences, including, but not limited to, consequences relating
to school grades or school interventions, by reason of one or more
of the school's students having been excused by their parents or
guardians from taking any assessment used to meet the requirements
of the federal Elementary and Secondary Education Act, 20 U.S.C.,
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Sections 6301 through 7981, as amended by the Every Student Succeeds
Act.
SECTION 3. NEW LAW A new sectio n of law to be codified in
the Oklahoma Statutes as Section 11-107.4 of Title 70, unless there
is created a duplication in numberi ng, reads as follows:
It shall be unlawful for any school district, or any officer or
employee of any school district, to discipline or discharge a
teacher by reason of that teacher having counseled parents,
guardians, and/or students regarding the exercise of any rights this
state may grant parents and guardians to excuse their student from
taking assessments used to meet the requirements of the federal
Elementary and Secondary Education Ac t, 20 U.S.C., Sections 6301
through 7981, as amended by the Every Student Succeeds Act.
SECTION 4. NEW LAW A new section of la w to be codified in
the Oklahoma Statutes as Section 11-107.5 of Title 70, unless there
is created a duplicati on in numbering, reads as follows:
Nothing in this act shall be construed as limiting the State
Department of Education, any school district, or any officer or
employee of the State Department of Education or of any school
district from requiring transparency in school reporting about the
number of students who do not take assessments used to meet the
requirements of the federal Elementary and Secondary Education Act,
20 U.S.C., Sections 6301 through 7981, as amended by the Every
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Student Succeeds Act. However, such reporting may only be done in a
manner that respects student and educator privacy .
SECTION 5. NEW LAW A new sectio n of law to be codified in
the Oklahoma Statutes as S ection 11-107.6 of Title 70, unless there
is created a duplication in numbering, reads as follows:
Nothing in this act should be construed as limiting the State
Department of Education, any school district, or any officer or
employee of the State Department of Education or of any school
district from encouraging test participation of all students and
subgroups of students at a rate of ninety-five percent (95%) or more
on federally required tests by providing to parents and guardians
evidence of educational benefits of test participation.
SECTION 6. This act shall become effective November 1, 2022.
58-2-8612 MJ 11/23/21