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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 615 By: Bullard, Bergstrom, Jett,
and Merrick of the Senate
and
Williams of the House
COMMITTEE SUBSTITUTE
[ 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. 2021, 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 tea ch or will be used
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for or in connection with a sex education class or pr ogram which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes,; or any test, a school counselor led meeting and/or
course, survey, or questionnaire whose primary purpose is to elicit
responses on sexual behavior or attitudes ; or any curriculum,
materials, test, survey, 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 program or as part of any other clas s, program, or activity shall
be available through the superintendent or a designee of the school
district for inspection by parents and guardians of the student who
will be involved with the instruction, class, program or, test,
activity, survey, or questionnaire. Such curriculum, materials,
classes, programs, tests, a school counselor led meeting and/or
course, surveys, or questionnaires shall include information abou t
consent and shall have as one of it s primary purposes the teaching
of or informing 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 Okla homa 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 righ t to inspect the curriculum and
material and of their obligation to notify th e school in writing if
they do not want their child to part icipate in the instruction,
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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 g uardian which will ensure
effective notice in an efficient an d appropriate manner. No student
shall be required to participate in a sex edu cation class or program
or participate in a school counselor led meeting and/or course which
discusses sexual behavior or attit udes, or any instruction, class,
program, test, activity, survey, or questionnaire which discusses
sexual orientation and gender i dentity if a parent or guardian of
the student objects in writing to such participatio n. If the type
of instruction, program, test, activity, survey, or questionnaire
referred to in this section is a pa rt 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 program, test, activity, survey, or questionnaire if a parent or
guardian objects in writ ing.
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, school counselor led meeting and/or course ,
survey, or questionnaire whose primary p urpose is to elicit
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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 their use in the classroom or school. This section shall
not apply 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
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 d uring class
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
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provides necessary cont ext in relation to any topic of instruction;
or
3. Referring to sexual orientation 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:
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 characteristics; 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, h ealth 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.
58-2-11355 LRB 04/13/22
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