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3 | 27 | ||
4 | - | An Act | |
5 | - | ENROLLED SENATE | |
6 | - | BILL NO. 615 By: Bullard, Bergstrom, | |
28 | + | STATE OF OKLAHOMA | |
29 | + | ||
30 | + | 2nd Session of the 58th Legislature (2022) | |
31 | + | ||
32 | + | CONFERENCE COMMITTEE SUBSTITUTE | |
33 | + | FOR ENGROSSED | |
34 | + | SENATE BILL 615 By: Bullard, Bergstrom, | |
7 | 35 | Merrick, Jett, Pederson, | |
8 | 36 | Kidd, Pemberton, Rogers, | |
9 | - | Dugger, Standridge, Quinn, | |
10 | - | Weaver, Allen, Murdock, | |
11 | - | Stanley, Garvin, Hamilton, | |
12 | - | Newhouse, Coleman, Daniels, | |
13 | - | Dahm, Taylor, and Stephens | |
14 | - | of the Senate | |
37 | + | Dugger, Standridge, and | |
38 | + | Quinn of the Senate | |
15 | 39 | ||
16 | 40 | and | |
17 | 41 | ||
18 | 42 | Williams, Gann, West | |
19 | 43 | (Kevin), Crosswhite Hader, | |
20 | 44 | Stearman, West (Josh), | |
21 | 45 | Conley, Randleman, Moore, | |
22 | 46 | Boles, Talley, Frix, | |
23 | - | McDugle, Roe, Russ, | |
24 | - | Kendrix, Stark, Ford, | |
25 | - | Burns, Steagall, Basho re, | |
26 | - | Luttrell, Smith, and | |
27 | - | Roberts (Sean) of the House | |
47 | + | McDugle, Roe, Russ, and | |
48 | + | Kendrix of the House | |
28 | 49 | ||
29 | 50 | ||
51 | + | ||
52 | + | CONFERENCE COMMITTEE SUBSTITUTE | |
30 | 53 | ||
31 | 54 | An Act relating to schools; defining terms; directing | |
32 | 55 | certain schools to require certain restrooms or | |
33 | 56 | changing areas to be used by individuals based on | |
34 | 57 | their sex; requiring certain schools to provide | |
35 | 58 | reasonable accommodation to certain individuals; | |
36 | 59 | providing exceptions under certain circumstances; | |
37 | 60 | requiring school district boards of education and | |
38 | 61 | public charter school governing boards to adopt | |
39 | 62 | certain disciplinary policy; directing state funding | |
40 | 63 | of a noncompliant school district or charter school | |
41 | 64 | to be decreased by certain percentage in certain | |
42 | 65 | fiscal year; creating a cause of action for certain | |
43 | 66 | noncompliance; providing for promulgation of rules; | |
44 | 67 | providing for codification; and declaring an | |
45 | 68 | emergency. | |
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47 | 70 | ||
48 | - | ENR. S. B. NO. 615 Page 2 | |
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51 | 73 | ||
52 | - | ||
74 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
53 | 75 | ||
54 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: | |
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56 | 101 | SECTION 1. NEW LAW A new section of law to be codified | |
57 | 102 | in the Oklahoma Statutes as Section 1 -125 of Title 70, unless there | |
58 | 103 | is created a duplication in numbering, reads as follows: | |
59 | - | ||
60 | 104 | A. As used in this section: | |
61 | - | ||
62 | 105 | 1. "Sex" means the physical conditi on of being male or female | |
63 | 106 | based on genetics an d physiology, as identified on the individual 's | |
64 | 107 | original birth certificate; and | |
65 | - | ||
66 | 108 | 2. "Multiple occupancy restroom or changing area " means an area | |
67 | 109 | in a public school or public charter school building designed or | |
68 | 110 | designated to be used by more than one individual at a time, where | |
69 | 111 | individuals may be in various stages of undress in the presence of | |
70 | 112 | other individuals. The term may include but is not limited to a | |
71 | 113 | school restroom, locker room, changing room, or shower room. | |
72 | - | ||
73 | 114 | B. To ensure privacy and safety, each public school and public | |
74 | 115 | charter school that serves students in prekindergarten through | |
75 | 116 | twelfth grades in this state shall require ever y multiple occupancy | |
76 | 117 | restroom or changing area designated as follows: | |
77 | - | ||
78 | 118 | 1. For the exclusive use of t he male sex; or | |
79 | - | ||
80 | 119 | 2. For the exclusive use of the female sex. | |
81 | - | ||
82 | 120 | C. Each public school or public charter school in this state | |
83 | 121 | shall provide a reasonable accomm odation to any individual who does | |
84 | 122 | not wish to comply with the provisions of subsection B of this | |
85 | 123 | section. A reasonable accommodation shall be access to a single- | |
86 | 124 | occupancy restroom or changing room. | |
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88 | 151 | D. The provisions of this section shall not apply to | |
89 | 152 | individuals entering a multiple occupancy restroom or changing area | |
90 | - | ||
91 | - | ENR. S. B. NO. 615 Page 3 | |
92 | 153 | designated for use by the opposite sex when entering in any of the | |
93 | 154 | following circumstance: | |
94 | - | ||
95 | 155 | 1. For custodial, maintenance, or inspection purposes; or | |
96 | - | ||
97 | 156 | 2. To render emergency medical assistance. | |
98 | - | ||
99 | 157 | E. 1. Each school district board of education and public | |
100 | 158 | charter school governing board shall adopt a policy to provide | |
101 | 159 | disciplinary action for individuals who refuse to comply with the | |
102 | 160 | provisions of this section. | |
103 | - | ||
104 | 161 | 2. No school district board of educ ation or charter school | |
105 | 162 | governing board shall adopt a policy contrary to the provisions of | |
106 | 163 | this section. | |
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108 | 164 | F. Upon a finding of noncompliance with the provisions of | |
109 | 165 | subsections B and C of this section by the State Board of Education , | |
110 | 166 | the noncompliant school district or public charter school shall | |
111 | 167 | receive a five percent (5%) decr ease in state funding for t he school | |
112 | 168 | district or public charter school for the fiscal year following the | |
113 | 169 | year of noncompliance . | |
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115 | 170 | G. A parent or legal guardian of a student enrolled in and | |
116 | 171 | physically attending a public school district or public charter | |
117 | 172 | school shall have a cause of ac tion against the public school | |
118 | 173 | district or public charter school for noncompliance with the | |
119 | 174 | provisions of subsections B and C of this section. | |
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121 | 201 | H. The State Board of Educa tion shall promulgate rules to | |
122 | 202 | implement the provisions of this section. | |
123 | - | ||
124 | 203 | SECTION 2. It being immediately necessary for the preservation | |
125 | 204 | of the public peace, health or safety, an emerge ncy is hereby | |
126 | 205 | declared to exist, by reason whereof this act shall take effect and | |
127 | 206 | be in full force from and after its passage and approv al. | |
128 | 207 | ||
129 | - | ||
130 | - | ENR. S. B. NO. 615 Page 4 | |
131 | - | Passed the Senate the 19th day of May, 2022. | |
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134 | - | ||
135 | - | Presiding Officer of the Senate | |
136 | - | ||
137 | - | ||
138 | - | Passed the House of Representatives the 19th day of May, 2022. | |
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142 | - | Presiding Officer of the House | |
143 | - | of Representatives | |
144 | - | ||
145 | - | OFFICE OF THE GOVERNOR | |
146 | - | Received by the Office of the Governor this _______ _____________ | |
147 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
148 | - | By: _______________________________ __ | |
149 | - | Approved by the Governor of the State of Oklahoma th is _________ | |
150 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
151 | - | ||
152 | - | _________________________________ | |
153 | - | Governor of the State of Oklahoma | |
154 | - | ||
155 | - | ||
156 | - | OFFICE OF THE SECRETARY OF STATE | |
157 | - | Received by the Office of the Secretary of State this _______ ___ | |
158 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
159 | - | By: _______________________________ __ | |
208 | + | 58-2-3883 EB 5/11/2022 3:30:34 PM |