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ENGROSSED SENATE
BILL NO. 615 By: Bullard, Bergstrom, Jett,
and Merrick of the Senate
and
Williams of the House
[ schools - sex education curriculum and materials -
be available for inspection - superintendent or
designee to approve all curriculum and materials to
be used for certain matters - certain prior written
notification - effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 20 21, Section 11-105.1, is
amended to read 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 exclusive purpose of discussing sexual behavior or
attitudes,; or any test, meeting with a school counselor, survey, or
questionnaire whose primary purpose is to elicit responses on sexual
behavior or attitudes ; or any curriculum, materials, test, su rvey,
questionnaire, activity, or instr uction of any kind related to
sexual orientation and gender identity, regardless of whether it is
offered as part of a sex education class or pro gram or as part of
any other class, program, or activity shall be available through the
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superintendent or a designee of the school district for inspection
by parents and guardians of the student who w ill be involved with
the instruction, class, program or, test, activity, survey, or
questionnaire. Such curriculum, materials, classes, programs,
tests, meetings with school counselors, surveys, or questionnaires
shall include information abou t 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 pur poses 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 school district shall provi de prior written notification to the
parents or guardians of the students involved of their righ t to
inspect the curriculum and material and of their obligation to
notify the school in writing if they do not wa nt their child to
participate in the instruction, class, program, test, activity,
survey, or questionnaire. Each local board of education sha ll
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 req uired to participate in
a sex education class or program or participate in a meeting with a
school counselor which discusses sexual behavior or attit udes, or
any instruction, class, program, test, activity, survey, or
questionnaire which dis cusses sexual orientation and gender i dentity
if a parent or guardian of the student ob jects in writing to such
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participation. If the type of instruction, program, test, activity,
survey, or questionnaire referred to in this section is a part of or
is taught during a credit course, a student may be req uired to
enroll in the course but shall not be required to receive
instruction in or participate in the progr am, test, activity,
survey, or questionnaire if a parent or guardian objects in writing.
B. The superintendent or a designee of a school district in
which sex education or matters pertaining to sexual orientation or
gender identity is taught or a program is offe red which is designed
for the exclusive purpose of discussing sexual behavior or attitudes
or matters pertaining to sexual orientation or ge nder identity 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 or school. The teacher or school counselor involved in
the instruction, class, program, testing test, activity, meeting, or
survey shall submit the curriculum, materials, tests , or surveys to
the superintendent o r a designee for approval prior to thei r use in
the classroom or school. This section shall not a pply to those
students enrolled in classes, programs, testings tests, or surveys
offered through an alternative education program.
C. The prior written notification required by subsection A of
this section shall include a list with the audio-visual or written
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curriculum and materials to be used in the instruction, class,
program, test, activity, meeting, or survey. The notification shall
include:
1. A link to the audio-visual or written curriculu m and
materials to be used if they are available electronically ; or
2. Information on how and where to review a hard copy of the
audio-visual or written curriculum and materials.
D. The provisions of this section sh all not be construed to
require written notification prior to :
1. A teacher responding to student questions during c lass
regarding sexual orientation and gender identity as it relates to
any topic of instruction ;
2. Referring to the sexual orientation or gender identity of
any historic person, group, or public figure whe n such information
provides necessary context in relation to any topic of instruction;
or
3. Referring to sexual or ientation and gender identity if
necessary to address a disciplinary mat ter, such as an instance of
bullying.
E. The provisions of this section shall not be construed to
require that a public school offer instruction, a class, a program,
a test, an activity, a meeting, or a survey on sex education, sexual
behavior or attitude s, sexual orientation, or gender identity.
F. For the purposes of this section:
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1. "Gender identity" means one's psychological sense of their
gender. Gender identity may also be known as "gender dysphoria," a
clinically significant distress or impairme nt related to a strong
desire to be of another gender, which may include a desire to ch ange
primary and/or secondary sex chara cteristics; and
2. "Sexual orientation" means an individual's actual or
perceived orientation as heterosexual, homosexual, or bisexual.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wh ereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 9th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives