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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 615 By: Bullard, Bergstrom,
Merrick, Jett, Pederson,
Kidd, Pemberton, Rogers,
Dugger, Standridge, and
Quinn of the Senate
and
Williams, Gann, West
(Kevin), Crosswhite Hader,
Stearman, West (Josh),
Conley, Randleman, Moore,
Boles, Talley, Frix,
McDugle, Roe, Russ, and
Kendrix of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to schools; defining terms; directing
certain schools to require certain restrooms or
changing areas to be used by individuals based on
their sex; requiring certain schools to provide
reasonable accommodation to certain individuals;
providing exceptions under certain circumstances;
requiring school district boards of education and
public charter school governing boards to adopt
certain disciplinary policy; directing state funding
of a noncompliant school district or charter school
to be decreased by certain percentage in certain
fiscal year; creating a cause of action for certain
noncompliance; providing for promulgation of rules;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. 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 numbering, reads as follows:
A. As used in this section:
1. "Sex" means the physical conditi on of being male or female
based on genetics an d physiology, as identified on the individual 's
original birth certificate; and
2. "Multiple occupancy restroom or changing area " means an area
in a public school or public charter school building designed or
designated to be used by more than one individual at a time, where
individuals may be in various stages of undress in the presence of
other individuals. The term may include but is not limited to a
school restroom, locker room, changing room, or shower room.
B. To ensure privacy and safety, each public school and public
charter school that serves students in prekindergarten through
twelfth grades in this state shall require ever y multiple occupancy
restroom or changing area designated as follows:
1. For the exclusive use of t he male sex; or
2. For the exclusive use of the female sex.
C. Each public school or public charter school in this state
shall provide a reasonable accomm odation to any individual who does
not wish to comply with the provisions of subsection B of this
section. A reasonable accommodation shall be access to a single-
occupancy restroom or changing room.
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D. The provisions of this section shall not apply to
individuals entering a multiple occupancy restroom or changing area
designated for use by the opposite sex when entering in any of the
following circumstance:
1. For custodial, maintenance, or inspection purposes; or
2. To render emergency medical assistance.
E. 1. Each school district board of education and public
charter school governing board shall adopt a policy to provide
disciplinary action for individuals who refuse to comply with the
provisions of this section.
2. No school district board of educ ation or charter school
governing board shall adopt a policy contrary to the provisions of
this section.
F. Upon a finding of noncompliance with the provisions of
subsections B and C of this section by the State Board of Education ,
the noncompliant school district or public charter school shall
receive a five percent (5%) decr ease in state funding for t he school
district or public charter school for the fiscal year following the
year of noncompliance .
G. A parent or legal guardian of a student enrolled in and
physically attending a public school district or public charter
school shall have a cause of ac tion against the public school
district or public charter school for noncompliance with the
provisions of subsections B and C of this section.
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H. The State Board of Educa tion shall promulgate rules to
implement the provisions of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emerge ncy is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approv al.
58-2-3883 EB 5/11/2022 3:30:34 PM