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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1339 By: Rosecrants
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; amending 70 O.S. 2021,
41	41	Section 24-157, which relates to prohibited course
42	42	concepts; requiring written notification when an
43	43	alleged violation is being investigated by the State
44	44	Department of Education ; specifying who to notify;
45	45	mandating an opportunity to provide a written
46	46	statement; providing for applicability of certain
47	47	rights and laws in certain suspension or revocation
48	48	proceedings; directing written notification to
49	49	certain school officials when an alleged violation is
50	50	being investigated; requiring an opportunity to
51	51	provide a written statement ; mandating written notic e
52	52	prior to reclassification of accreditation status;
53	53	prescribing compliance with certain rules and laws ;
54	54	providing an effective date; and declaring an
55	55	emergency.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 24-157, is
64	64	amended to read as follows:
65	65	Section 24-157. A. 1. No enrolled student of an institution
66	66	of higher education within The Oklahoma Sta te System of Higher
67	67	Education shall be required to engage in any form of mandatory
68	68	gender or sexual diversity training or counseling; provided,
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95	95	voluntary counseling shall not be prohibite d. Any orientation or
96	96	requirement that presents any form of race or sex stereotyping or a
97	97	bias on the basis of race or sex shall be prohibited.
98	98	2. Pursuant to the provisions of the Administrative Procedures
99	99	Act, the Oklahoma State Regents for Higher Edu cation shall
100	100	promulgate rules, subject to approval by the Legislature, to
101	101	implement the provisions of this subsection.
102	102	B. The provisions of this subsection shall not prohibit the
103	103	teaching of concepts that align to the Oklahoma Academic Standards.
104	104	1. No teacher, administrator , or other employee of a school
105	105	district, charter school, or virtual charter school shall require or
106	106	make part of a course the following concepts:
107	107	a. one race or sex is inherently superior to another race
108	108	or sex,
109	109	b. an individual, by virtue of his or her race or sex, is
110	110	inherently racist, sexist or oppre ssive, whether
111	111	consciously or unconsciously,
112	112	c. an individual should be discriminated against or
113	113	receive adverse treatment solely or partly because of
114	114	his or her race or sex,
115	115	d. members of one race or sex cannot and should not
116	116	attempt to treat others witho ut respect to race or
117	117	sex,
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144	144	e. an individual's moral character is necessarily
145	145	determined by his or her race or sex,
146	146	f. an individual, by virtue of his or her race or sex,
147	147	bears responsibility for actions committed in the past
148	148	by other members of the same ra ce or sex,
149	149	g. any individual should feel discomfort, guilt, anguish
150	150	or any other form of psychological distre ss on account
151	151	of his or her race or sex, or
152	152	h. meritocracy or traits such as a hard work ethic are
153	153	racist or sexist or were created by members of a
154	154	particular race to o ppress members of another race.
155	155	2. The State Board of Education shall promulgate rules, subject
156	156	to approval by the Legislature, to implement the provisions of this
157	157	subsection.
158	158	C. If an employee of a school district , charter school, or
159	159	virtual charter school is accused of violating paragraph 1 of
160	160	subsection B of this section, the school employee and administrator
161	161	of the school district, chart er school, or virtual charter school
162	162	shall be notified in writing that an alleged violation is being
163	163	investigated by the State Department of Education. The Department
164	164	shall give the school employee and school district, charter schoo l,
165	165	or virtual charter school administrator an opportunity to provide a
166	166	written statement about the alleged violation to be included in the
167	167	investigation. Once the investigation is completed, if the
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194	194	Department makes a determination to initiate proceedings to suspend
195	195	or revoke the license or certificat e of the school employee, the due
196	196	process rights afforded to certificate or license holders, as well
197	197	as state and federal rules and laws shall apply to any suspension or
198	198	revocation proceedings.
199	199	D. If a school district, charter school, or virtual charter
200	200	school is accused of violating paragraph 1 of subsection B of this
201	201	section, the administrator and board of education or governi ng board
202	202	of the school district, chart er school, or virtual charter school
203	203	shall be notified in writing that an alleged violation is being
204	204	investigated by the State Department of Education. The Department
205	205	shall give a representative of the school district, charter schoo l,
206	206	or virtual charter school an opportunity to provide a written
207	207	statement about the alleged violation to be included in the
208	208	investigation. Once the investigation is completed, if the State
209	209	Board of Education makes a determination to recla ssify the
210	210	accreditation status of the school district, charter school, or
211	211	virtual charter school , the Board shall provide prior written notice
212	212	of any meeting, hearing , or vote to the school district, cha rter
213	213	school, or virtual charter school, and comply with state and federal
214	214	rules and laws applicable to school accreditation.
215	215	SECTION 2. This act shall become effective July 1, 2023.
216	216	SECTION 3. It being immediate ly necessary for the preservation
217	217	of the public peace, health or safety, an emergency is hereby
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244	244	declared to exist, by re ason whereof this act shall take effect and
245	245	be in full force from and after its passage and approval.
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247	247	59-1-5948 EK 01/13/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1339 Compare Versions