Req. No. 98 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 615 By: Bullard AS INTRODUCED An Act relating to schools; amending 70 O.S. 2011, Section 11-105.1, as amended by Se ction 1, Chapter 133, O.S.L. 2019 (70 O.S. Sup p. 2020, Section 11- 105.1), which relates to sex education curriculum and materials; requiring curriculum and materials used in connection to a meeting with a school counselor to be available for inspection; pr oviding definition; prohibiting a student from being required to participate in certain meeting with a school counselor; requiring a superintendent or designee to approve all curriculum and materials to be used for certain meeting with counselor; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2011, Section 11 -105.1, as amended by Section 1, Chapter 133, O.S.L. 2019 (70 O.S. Su pp. 2020, Section 11-105.1), is amended to rea d as follows: Section 11-105.1. A. All curriculum and materials including supplementary materials which will be used to teach or will be used for or in connection with a sex education class or program which i s designed for the exc lusive purpose of discus sing sexual behavior or attitudes, or any test, meeting with a school counselor, survey or Req. No. 98 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes shall be available through t he superintendent or a designee of the school district for inspection by parents and guardians of the student who will be involved with the class, program or test, survey or questionnaire. For the purposes of this section, “sexual behavior or attitudes ” shall include but not b e limited to sexual orie ntation and gender identity. Such curriculum, materials, classes, programs, tests, meetings with school counselors, surveys or questionnaires shall include information about consent and shall have as one of it s primary purposes the teaching of or informin g students about the practice of abstinence. For the purposes of this section, “consent” shall have the same meaning as that provided by Section 113 of Title 21 of the Oklahoma Statutes. The superintendent or a designee of the sch ool district shall provide prior written notification to the parents or guardians of the students involved of their right to inspect the curriculum and material and of their obligation to notify the school in writing if they do not want their child to part icipate in the class, program, test, survey or questionnaire. Each local board of education shall determine the means of providing written notification to the parents and guardian which will ensure effective notice in an efficient an d appropriate manner. No student shall be required to participate in a sex education class or program or participate in a meeting with a school counselor which discusses Req. No. 98 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sexual behavior or attitudes if a parent or guardian of the student objects in writing to such participatio n. If the type of progr am referred to in this section is a part of or is taught during a credit course, a student may be required to enroll in the course but shall not be required to receive instruction in or participate in the program if a parent or guar dian objects in writing. B. The superintendent or a designee of a school district in which sex education is taught or a program is offered which is designed for the exclusive purpose of discussing sexual behavior or attitudes shall approve all curriculum and materials which will be used for such education and any test, meeting with a school counselor, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes used in the school prior to their use in the classroom o r school. The teacher or school counselor involved in the class, program, testing , meeting or survey shall submit the curriculum, materials, tests or surveys to the superintendent or a designee for approval prior to their use in the classroom or school. This section shall not a pply to those students enrolled in classes, programs, testings or surveys offered through an alternative education program. SECTION 2. This act shall become effective July 1, 2021. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby Req. No. 98 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-1-98 EB 1/21/2021 8:45:38 AM