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ENGROSSED HOUSE AMENDME NT
TO
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 ]
AUTHORS: Add the following House Coauthor s: Gann, West
(Kevin), Crosswhite Hader, Stearman, We st (Josh),
Conley, Randleman, Moore, Boles , and Talley
AUTHORS: Add the following Senate Coauthors : Pederson, Kidd,
Pemberton, Rogers, and Dugger
AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
entire bill and insert:
"An Act relating to schools; requiring written
notification to a parent or guardian prior to
certain instruction; including notification of the
right to inspect curriculum and materials related to
instruction; allowing parent or guardian to opt
child out of instruction; prohibiti ng required
participation in instruc tion if parent or guardian
objects in writing; defining terms; designating
public school restrooms be used by certain persons;
directing school district board of education to
adopt certain policy; prohibiting adoption of
contrary policy; directing a decrea se in state
funding for noncompliance; and providing for
codification.
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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 11 -105.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. The superintendent or a designee of a school district shall
ensure that the parent or guardian of a student w ho will receive
instruction related to sexual orienta tion and gender identity,
whether it is offered as part of a sex education class or program or
as part of any other class or program:
1. Receives specific advance written notification of the sexual
orientation and gender identity instruction and of their right to
inspect curriculum and materials, including supplementary materials,
tests, surveys, questionnaires , or activities, related to such
instruction; and
2. Receives advance written notification of th eir right to
notify the school in writing if they do not want their children to
participate in the instruction.
B. No student shall be required to participate in instruction
related to sexual orientation and gender identity if a parent or
guardian of the student objects in writing to such participation.
If the instruction referred to in this subsection is 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
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participate in the instructio n if a parent or guardian o bjects in
writing.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-125 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. As used in this section, "biological sex" means the physical
condition of being male or female, as ident ified at birth by that
individual's birth certificate.
B. As used in this section, "noncompliance" means knowingly
allowing an individual to use a res troom that does not align with
the individual's biological sex.
C. Public schools, and public charter schools, that serve
enrolled students in prekindergarten through tw elfth grades, shall
designate restrooms and changing facilities, that are intended to
accommodate multiple individuals, as follows:
1. For the exclusive use of the male se x; or
2. For the exclusive use of the female sex.
D. Individuals at a public school or public charter school
shall use the restroom or changing facility that correspond s to the
individual's biological sex or "single-use" restrooms, if available.
E. Each school district board of education shall adopt a policy
to provide disciplinary a ction for individuals who refuse to comply
with the provisions of this act.
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F. School district boards of education and governing boards of
charter schools shall not adopt a policy contrary to the provisi ons
of this section.
G. Upon a finding of noncompliance with this section, the
noncompliant school district shall receive a five percent (5%)
decrease in state funding for the school distri ct for the fiscal
year following the year of noncompliance."
Passed the House of Representatives the 28th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2022.
Presiding Officer of the Senate
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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 3. 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 s ex 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 required 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 d iscusses 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 resp onses 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, ma terials, 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 alternat ive 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 an d 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 4. This act shall become effective July 1, 2022.
SECTION 5. 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 Represent atives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives