Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB615 Latest Draft

Bill / Enrolled Version Filed 05/19/2022

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 615 	By: Bullard, Bergstrom, 
Merrick, Jett, Pederson, 
Kidd, Pemberton, Rogers, 
Dugger, Standridge, Quinn, 
Weaver, Allen, Murdock, 
Stanley, Garvin, Hamilton, 
Newhouse, Coleman, Daniels, 
Dahm, Taylor, and Stephens 
of the Senate 
 
  and 
 
  Williams, Gann, West 
(Kevin), Crosswhite Hader, 
Stearman, West (Josh), 
Conley, Randleman, Moore, 
Boles, Talley, Frix, 
McDugle, Roe, Russ, 
Kendrix, Stark, Ford, 
Burns, Steagall, Basho re, 
Luttrell, Smith, and 
Roberts (Sean) of the House 
 
 
 
An Act relating to schools; defining terms; directing 
certain schools to require certain restrooms or 
changing areas to be used by indi viduals 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 cert ain 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. 
   
 
ENR. S. B. NO. 615 	Page 2 
 
 
 
SUBJECT:  Schools 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: 
 
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 sch ool 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, ch anging 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 desig nated 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. 
 
D.  The provisions of this section shall not apply to 
individuals entering a multiple occupancy restroom or changing area   
 
ENR. S. B. NO. 615 	Page 3 
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 edu cation 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 shal l 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. 
 
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 an d 
be in full force from and after its passage and approv al. 
   
 
ENR. S. B. NO. 615 	Page 4 
Passed the Senate the 19th day of May, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 19th day of May, 2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma th is _________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __