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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4328 By: Stearman
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 11-106.1, which relates to inspection of
instructional material; requiring all library media
program material to be available for public
inspection; requiring school libraries to ma intain
tangible copies of books, magazines, or literature;
providing for public review of tangible material
within specified time; requiring certain information
to be provided on school website; describing types of
information to be included; construing provision to
exempt reproduction that violates copyright law;
requiring listing to be electronically sortable and
searchable; providing exception for certain school
sites; prohibiting certain lim itations on persons
reviewing materials; directing Office of Attorney
General to investigate alleged violations; permitting
civil actions for damages; directing Office to
maintain certain records; providing penalties for
confirmed violations; a uthorizing attorney to request
certain legal opinion; defining terms; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-106.1, is
amended to read as follows:
Section 11-106.1 A. All instructional material, including but
not limited to teacher manuals, films, tapes or other supplementary
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instructional material in any format, used by a public school as
part of the educational curriculum, shall be available for
inspection by the parents or guardians of students enrolled in the
school public.
B. All library media program material, regardless of format,
used by a public school as part of the li brary media program, shall
be available for inspection by the public.
C. Each school district shall develop and adopt policies
pertaining to the inspection of instructional materials material and
library media program material in consultation with parents a nd
guardians. The policies shall include procedures for granting a
public request by a parent or guardian for reasonable access to
instructional material or library media program material within a
reasonable period of time after the request is received.
C. D. The State Department of Education shall ensure the
following:
1. Every library controlled and operated by a public school or
public charter school shall maintain a tangible copy of every book,
magazine, or piece of literature for students to utilize for
educational purposes;
2. For every digital book, magazine, or literature maintained,
the school library shall maintain a tangible copy of such material,
and make it available for public review within fourteen (14) days of
request from any member of the public; and
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3. When practicable, each school library shall make any and
all material available for public inspection and allow the public to
copy, scan, duplicate, or photograph portions of the material.
E. The State Department of Education shall ensure information
about school material is provided on the school website prior to the
start of each school year. For any material added after the start
of the school year, it shall be included on the website within
fourteen (14) days. This information shall remain published for as
long as the school maintains the material and shall include:
1. All material used for the purpose of training or educating
staff and faculty;
2. All material used in educating students or student
instruction and shall have, at a minimum, the following available:
a. the title, author, organization, website, and any
other identifying info rmation associated with each
piece of material,
b. a link to the material if published and available o n
the Internet. If the material is not publicly
available, then a brief description of the material
and the process in which how to request and review a
copy of the material,
c. the identity of the teacher, staff member, school
official, or non-school-affiliated presenter who
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created it, the full name of the person who created it
and his or her position and qualifications, and
d. the full text or copy of any material, including but
not limited to, presentations, videos , audio
recording, e-books, or literature used in educating
students, teachers, staff members, or school
officials. This subsection shall not require the
posting of academic assessments, tests , or skills
validations;
3. Any procedures for the documentation, review, or approval
of the lesson plans, training, learning, or curricular ma terial used
for staff and faculty training o r student instruction at the school,
including by the principal, curriculum administrators , or other
teachers. This shall include material created, obtained , or
solicited by the State Department of Education , local school boards
and districts, or any outside entity; and
4. A catalog or documented inventory of the resources ,
literature, and media available to students in the school library,
and a listing of avail able resources in the school library.
F. Nothing in this section shall be construed to require the
digital reproduction or posting of copies of the learning material
where such reproduction would infringe on the Copyright Act of 1976.
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G. The listing of material pursuant to subsection E of this
section shall be created and displayed in searcha ble or sortable
electronic formats.
H. A school site with less than twenty enrolled students that
uses material selected independently by instructors shall not be
required to post a list of material pursuant to this section.
I. No member of the public who requests to review or reviews
any material, whether copyrighted or not, shall be required to sign
or enter into terms of a nondisclosure agreement, nor waive any
rights beyond complying with feder al copyright laws.
J. For any alleged violation of this section by the State
Department of Education , local school boards of education or school
districts, or any public school employee, the Office of the Attorney
General shall initiate an investigation into the alleged violation
of this section.
K. 1. If the Office of the Attorney General finds that the
State Department of Education , local school boards of education or
school districts, or any public school employee willfully violated a
provision of this section, then any parent or legal guardian whose
child suffered damages from such willful violation may initiate a
suit in the jurisdiction where the violation occurred.
2. The Office of the Attorney General shall create and
maintain a record of alleged and confirmed violations of this
section for not less than twenty (20) years.
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a. if a school is found to be in violation of this
section more than three times in a two-year period,
the school shall lose accreditation for one school
year following the third violation, and
b. if a school district is found to be in violation of
this section three or more times within a two-year
period, the citizens of the school district may begin
a recall of the elected board of education members of
the school district.
L. Any attorney acting on behalf or representing any school
district, public school, public charter school, or governmental
entity may request a legal opinion from the Office of the Attorney
General as to whether a particular piece of material fits under this
section and has been disclosed and published in a manner comply ing
with this section.
M. For the purposes of this section , "instructional:
1. "Instructional material" means instructional content that is
provided to a student, regardless of the format, inclu ding printed
or representational materials material, audio-visual materials
material, and materials material in electronic or digital formats ;
2. "Library media program material " means content that is
provided to a student through the library media program, regardless
of format, including printed material, nonprinted material,
multimedia resources, and equipment and supplies ;
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3. "Material" means including, but not limited to, textbooks,
reading material, videos, audio recordings, presentations, digital
material, websites, instructional handouts and worksheets, syllabi,
and applications for a phone, laptop , or tablet;
4. "Lesson plan" means the daily, weekly, or other produced
guide whether by the teacher , school, or other entity providing the
description and outline of the instruction to be provided to the
students at school; and
5. "Public" means any parent or guardian of a child attending
public schools or any Oklahoma resident.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9615 EK 01/19/22