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: _______________________________ __