OK
Oklahoma House Bill HB4328

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4328 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
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3232 HOUSE BILL 4328 By: Stearman
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending 70 O.S. 2021,
4141 Section 11-106.1, which relates to inspection of
4242 instructional material; requiring all library media
4343 program material to be available for public
4444 inspection; requiring school libraries to ma intain
4545 tangible copies of books, magazines, or literature;
4646 providing for public review of tangible material
4747 within specified time; requiring certain information
4848 to be provided on school website; describing types of
4949 information to be included; construing provision to
5050 exempt reproduction that violates copyright law;
5151 requiring listing to be electronically sortable and
5252 searchable; providing exception for certain school
5353 sites; prohibiting certain lim itations on persons
5454 reviewing materials; directing Office of Attorney
5555 General to investigate alleged violations; permitting
5656 civil actions for damages; directing Office to
5757 maintain certain records; providing penalties for
5858 confirmed violations; a uthorizing attorney to request
5959 certain legal opinion; defining terms; and providing
6060 an effective date.
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6666 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6767 SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-106.1, is
6868 amended to read as follows:
6969 Section 11-106.1 A. All instructional material, including but
7070 not limited to teacher manuals, films, tapes or other supplementary
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9797 instructional material in any format, used by a public school as
9898 part of the educational curriculum, shall be available for
9999 inspection by the parents or guardians of students enrolled in the
100100 school public.
101101 B. All library media program material, regardless of format,
102102 used by a public school as part of the li brary media program, shall
103103 be available for inspection by the public.
104104 C. Each school district shall develop and adopt policies
105105 pertaining to the inspection of instructional materials material and
106106 library media program material in consultation with parents a nd
107107 guardians. The policies shall include procedures for granting a
108108 public request by a parent or guardian for reasonable access to
109109 instructional material or library media program material within a
110110 reasonable period of time after the request is received.
111111 C. D. The State Department of Education shall ensure the
112112 following:
113113 1. Every library controlled and operated by a public school or
114114 public charter school shall maintain a tangible copy of every book,
115115 magazine, or piece of literature for students to utilize for
116116 educational purposes;
117117 2. For every digital book, magazine, or literature maintained,
118118 the school library shall maintain a tangible copy of such material,
119119 and make it available for public review within fourteen (14) days of
120120 request from any member of the public; and
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147147 3. When practicable, each school library shall make any and
148148 all material available for public inspection and allow the public to
149149 copy, scan, duplicate, or photograph portions of the material.
150150 E. The State Department of Education shall ensure information
151151 about school material is provided on the school website prior to the
152152 start of each school year. For any material added after the start
153153 of the school year, it shall be included on the website within
154154 fourteen (14) days. This information shall remain published for as
155155 long as the school maintains the material and shall include:
156156 1. All material used for the purpose of training or educating
157157 staff and faculty;
158158 2. All material used in educating students or student
159159 instruction and shall have, at a minimum, the following available:
160160 a. the title, author, organization, website, and any
161161 other identifying info rmation associated with each
162162 piece of material,
163163 b. a link to the material if published and available o n
164164 the Internet. If the material is not publicly
165165 available, then a brief description of the material
166166 and the process in which how to request and review a
167167 copy of the material,
168168 c. the identity of the teacher, staff member, school
169169 official, or non-school-affiliated presenter who
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196196 created it, the full name of the person who created it
197197 and his or her position and qualifications, and
198198 d. the full text or copy of any material, including but
199199 not limited to, presentations, videos , audio
200200 recording, e-books, or literature used in educating
201201 students, teachers, staff members, or school
202202 officials. This subsection shall not require the
203203 posting of academic assessments, tests , or skills
204204 validations;
205205 3. Any procedures for the documentation, review, or approval
206206 of the lesson plans, training, learning, or curricular ma terial used
207207 for staff and faculty training o r student instruction at the school,
208208 including by the principal, curriculum administrators , or other
209209 teachers. This shall include material created, obtained , or
210210 solicited by the State Department of Education , local school boards
211211 and districts, or any outside entity; and
212212 4. A catalog or documented inventory of the resources ,
213213 literature, and media available to students in the school library,
214214 and a listing of avail able resources in the school library.
215215 F. Nothing in this section shall be construed to require the
216216 digital reproduction or posting of copies of the learning material
217217 where such reproduction would infringe on the Copyright Act of 1976.
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244244 G. The listing of material pursuant to subsection E of this
245245 section shall be created and displayed in searcha ble or sortable
246246 electronic formats.
247247 H. A school site with less than twenty enrolled students that
248248 uses material selected independently by instructors shall not be
249249 required to post a list of material pursuant to this section.
250250 I. No member of the public who requests to review or reviews
251251 any material, whether copyrighted or not, shall be required to sign
252252 or enter into terms of a nondisclosure agreement, nor waive any
253253 rights beyond complying with feder al copyright laws.
254254 J. For any alleged violation of this section by the State
255255 Department of Education , local school boards of education or school
256256 districts, or any public school employee, the Office of the Attorney
257257 General shall initiate an investigation into the alleged violation
258258 of this section.
259259 K. 1. If the Office of the Attorney General finds that the
260260 State Department of Education , local school boards of education or
261261 school districts, or any public school employee willfully violated a
262262 provision of this section, then any parent or legal guardian whose
263263 child suffered damages from such willful violation may initiate a
264264 suit in the jurisdiction where the violation occurred.
265265 2. The Office of the Attorney General shall create and
266266 maintain a record of alleged and confirmed violations of this
267267 section for not less than twenty (20) years.
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294294 a. if a school is found to be in violation of this
295295 section more than three times in a two-year period,
296296 the school shall lose accreditation for one school
297297 year following the third violation, and
298298 b. if a school district is found to be in violation of
299299 this section three or more times within a two-year
300300 period, the citizens of the school district may begin
301301 a recall of the elected board of education members of
302302 the school district.
303303 L. Any attorney acting on behalf or representing any school
304304 district, public school, public charter school, or governmental
305305 entity may request a legal opinion from the Office of the Attorney
306306 General as to whether a particular piece of material fits under this
307307 section and has been disclosed and published in a manner comply ing
308308 with this section.
309309 M. For the purposes of this section , "instructional:
310310 1. "Instructional material" means instructional content that is
311311 provided to a student, regardless of the format, inclu ding printed
312312 or representational materials material, audio-visual materials
313313 material, and materials material in electronic or digital formats ;
314314 2. "Library media program material " means content that is
315315 provided to a student through the library media program, regardless
316316 of format, including printed material, nonprinted material,
317317 multimedia resources, and equipment and supplies ;
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344344 3. "Material" means including, but not limited to, textbooks,
345345 reading material, videos, audio recordings, presentations, digital
346346 material, websites, instructional handouts and worksheets, syllabi,
347347 and applications for a phone, laptop , or tablet;
348348 4. "Lesson plan" means the daily, weekly, or other produced
349349 guide whether by the teacher , school, or other entity providing the
350350 description and outline of the instruction to be provided to the
351351 students at school; and
352352 5. "Public" means any parent or guardian of a child attending
353353 public schools or any Oklahoma resident.
354354 SECTION 2. This act shall become effective November 1, 2022.
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356356 58-2-9615 EK 01/19/22