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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 4318 By: Stearman
AS INTRODUCED
An Act relating to the Parents' Bill of Rights;
amending 25 O.S. 2021, Section 2002 , which relates to
parental rights; including right to attend meetings
pertaining to education of a minor child ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 200 2, is
amended to read as follows:
Section 2002. A. All parental rights are reserved to a parent
of a minor child without obstruction or interference from this
state, any political subdivision of this state, any other
governmental entity or any other inst itution, including, but not
limited to, the following rights:
1. The right to direct the education of the minor child ,
including but not limited to the right to attend all meetings
pertaining to the education of the minor child including but not
limited to meetings of the State Board of Education, the local
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school district, or any other such meeting where education of t he
minor child is discussed or determined;
2. All rights of parents identified in Title 70 of the Oklahoma
Statutes, including the right t o access and review all school
records relating to the minor child;
3. The right to direct the upbringing of the minor child;
4. The right to direct the moral or religious training of the
minor child;
5. The right to make health care decisions for the m inor child,
unless otherwise prohibited by law;
6. The right to access and review all medical records of the
minor child unless otherwise prohibited by law or the parent is the
subject of an investigation of a crime committed against the minor
child and a law enforcement offici al requests that the information
not be released;
7. The right to consent in writing before a biometric scan of
the minor child is made, shared or stored;
8. The right to consent in writing before any record of the
minor child's blood or deoxyribonucleic acid (DNA) is created,
stored or shared, except as required by Sections 1 -516 and 1-524.1
of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
to a court order;
9. The right to consent in writing before the state or any of
its political subdivisions makes a video or voice reco rding of the
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minor child, unless the video or voice recording is made during or
as a part of a court proceeding, by law enforcement officers during
or as part of a law enforcement investigation, during or as part of
a forensic interview in a criminal or De partment of Human Services
investigation or to be used solely for any of the following:
a. safety demonstrations, including the maintenance of
order and discipline in the common areas of a school
or on student transpor tation vehicles,
b. a purpose related to a legitimate academic or
extracurricular activity,
c. a purpose related to regular classroom instruction,
d. security or surveillance of buildings or grounds, and
e. a photo identification car d; and
10. The right to be notified promptly if an employee of this
state, any political subdivision of this state, any other
governmental entity or any other institution suspects that a
criminal offense has been committed against the minor child by
someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would
impede a law enforcement or Department of Human Services
investigation. This paragraph does not create any new obligation
for school districts and charter schools to report misconduct
between students at school, such as fighting or aggressive play,
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that is routinely addressed as a student disciplinary matter by the
school.
B. This section does not authorize or allow a parent to engag e
in conduct that is un lawful or to abuse or neglect a child in
violation of the laws of this state. This section shall not be
construed to apply to a parental action or decision that would end
life. This section does not prohibit courts, law enforcement
officers or employees of a government agency responsible for child
welfare from acting in their official capacity within the reasonable
and prudent scope of their authority. This section does not
prohibit a court from issuing an order that is otherwise p ermitted
by law.
C. Any attempt to encourage or coerce a min or child to withhold
information from the child 's parent shall be grounds for discipline
of an employee of this state, any political subdivision of this
state or any other governmental entity, ex cept for law enforcemen t
personnel.
D. Unless those rights h ave been legally waived or legally
terminated, parents have inalienable rights that are more
comprehensive than those listed in this section. The Parents ' Bill
of Rights does not prescribe all r ights of parents. Unle ss
otherwise required by law, the righ ts of parents of minor children
shall not be limited or denied. The Parents ' Bill of Rights shall
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not be construed to apply to a parental action or decision that
would end life.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8575 EK 11/22/21