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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1020 By: Dahm
AS INTRODUCED
An Act relating to children; creating the Oklah oma
Learning Pod Protection Act; providin g short title;
providing purpose; providing definitions; exempting
learning pods from certain statut es, rules,
regulations, policies and other regula tory
provisions; prohibiting certain employees from
visiting or inspecting learning pods; prohibiting a
public school district from taking certain action
against any student or parent based on certain
participation; prohibiting a state agency, local
government or school district from requiring certain
registration or other report; providing certain
construction; providing for establishment of clear
and convincing evidence; providing for codification;
and declaring an emergency .
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 4-300 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. This act shall be known and may be cited as th e “Oklahoma
Learning Pod Protection Act”.
B. The Oklahoma Learning Pod Protection Act is necessary to
ensure that Oklahoma parents or legal guardians that choose to
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voluntarily associate to advance the educa tion and care of their
children in the state shall not be subject to regulation.
C. As used in this section:
1. “Parent” means the parent or legal guardian of any chil d
under the age of eighteen (18) ;
2. “Learning pod” means a voluntary association of p arents
choosing to group their children together at various times or places
to participate in or enhance their children’s education programming
and care; and
3. “Operation of a learning pod” means all the parents of the
children participating in the learning pod and any other individuals
assisting those parents while engaged in any actions taken to
organize, facilitate or operate the learning pod and any facility,
home or other structure utilized by the learning pod.
D. A learning pod shall be exempt from the following state,
local or school district statute s, rules, regulations, policies or
any other regulatory provision s:
1. All provisions of Title 70 of the Oklahoma Statutes;
2. All provisions related to the operation of a child care
facility, child care center or family child care home including the
Oklahoma Child Care Facilities Licensing Act in Title 10 of the
Oklahoma Statutes;
3. Any state or local building or fire codes applicable to
educational or child-care facilities; and
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4. Any other state or local statute, rule or code which would
not be applicable to any group, building or facility but for the
operation of a learning pod.
E. No Oklahoma state, local or school district employee shall
visit, inspect or in vestigate the site of a learning pod or initiate
a site visit, inspection or investigation that would not have been
initiated or made but for the operation or presence of a learning
pod.
F. No Oklahoma state, local or school district employee shall ,
on the basis of any federal law, rule, policy or any other federal
authority, visit, inspect or investigate the site of a learning pod
or initiate a site visit, inspection or investigation that would not
have been initiated or made but for the operation or prese nce of an
learning pod.
G. No Oklahoma school district shall take any action or in any
manner discriminate against or otherwise distinguish any student o r
parent on the basis of participation in a learning pod.
H. No Oklahoma state agency, local gove rnment or school
district shall require any learning pod to register or otherwise
report its existence or anything related to the operation of a
learning pod to the government.
I. The provisions of this section shall not be construed to
alter the regulation of any child care facility, child care center
or family child care home that is not a learning pod.
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J. Whether any state, local government or school distr ict law,
regulation, policy or action complies with the provisions of this
act shall be a judicial question .
K. The state, local government or school district that is
alleged to have violated the provisions of this act shall establish
by clear and convinc ing evidence that the challenged law,
regulation, policy or action:
1. Does not unduly impede the freedom of parents to provide
care and supervision of their children;
2. Does not single out educational activities while similar
gatherings of children for recreational or social activities remain
unregulated; and
3. Is narrowly tailored to protect the public health and
safety.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof th is act shall take effect and
be in full force from and after its passage an d approval.
58-1-944 EB 1/21/2021 9:34:20 PM