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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 2988 By: Olsen
AS INTRODUCED
An Act relating to education; prohibiting the use of
the 1619 Project in certain institutions; prohibiting
teaching certain concepts pertaining to America and
slavery; providing penalties for violation;
preempting field of study; nullifying subsequent
federal action; 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 24-159 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No state agency, school district, charter school, online
instruction funded in any manner by the Oklahoma Legislature, or
personnel or agent of such state agency, school district, charter
school, or online instruction shall teach , use, or provide for use
by any pupil any curric ula, instructional mater ials, or assignments
designed to teach components of the 1619 Project as part of any
curricula, course syllabi, or instruction in any course or program
of study, including:
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1. Any teaching that America has more culpability, in gene ral,
than other nations for the institution of slavery ;
2. That one race is the unique oppr essor in the institution of
slavery;
3. That another race is the unique victim in the institution of
slavery;
4. That America, in gen eral, had slavery more extensive ly and
for a later period of time than other nations ; or
5. The primary and overarching pur pose for the founding of
America was the initiation and perpetu ation of slavery.
B. If the State Board of Education determines that a publicly
funded local education agency or online program of instruction has
violated this section, the Board shall notify the entity of its
violation.
C. If the entity fails to comply with this section within
thirty (30) days of notification of its failure to comply under this
section, the Board shall direct the State Department of Education to
withhold a maximum of five percent (5%) of the monthly distribution
of state formula funding to the education entity. Once the Board
determines that the education entity has complied with this section,
the Department shall restore the distribution of funding to its
original amount.
D. If the Attorney General determines that a sta te-supported
two-year or four-year institution of higher education has violated
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this section, the Attorney General shall notify the institution of
its violation.
E. If a state-supported two-year or four-year institution of
higher education fails to comply with this sec tion within thirty
(30) days of notification of its failure to comply under this
section, the Attorney General may direct the Oklahoma State Regents
for Higher Education to withhold a maximum of ten percent (10%) of
the distribution of state funding to the institution.
F. Once the Attorney General determines that a state -supported
two-year or four-year institution of higher education has complied
with this section, the Attorney General shall restore the
distribution of state funding for the institutio n to its original
amount.
G. This section shall not be construed to inhibit or violate
the First Amendment rights of students or faculty, or undermine a
public institution of higher ed ucation's duty to protect to the
fullest degree intellectual freedom and free expression, and the
intellectual vitality of students and faculty shall not be
infringed.
H. The State Legislature hereby occupies and preempts the
entire field of legislation i n this state touching in any way the
teaching of the 1619 Project or the concepts listed in subsection A
of this section to the complete exclusion of any order, ordinance,
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or regulation by any municipality or other political subdivision of
this state.
I. Any federal statute, rule, or executive order, federal or
state judicial order or judicial findings that would have the effect
of forcing the teaching of the 1619 Project or the concepts listed
in subsection A of this section shall be null, void, unenforce able
and of no effect in the State of Oklahoma.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8619 MJ 11/23/21