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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1339 By: Rosecrants
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 24-157, which relates to prohibited course
concepts; requiring written notification when an
alleged violation is being investigated by the State
Department of Education ; specifying who to notify;
mandating an opportunity to provide a written
statement; providing for applicability of certain
rights and laws in certain suspension or revocation
proceedings; directing written notification to
certain school officials when an alleged violation is
being investigated; requiring an opportunity to
provide a written statement ; mandating written notic e
prior to reclassification of accreditation status;
prescribing compliance with certain rules and laws ;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 24-157, is
amended to read as follows:
Section 24-157. A. 1. No enrolled student of an institution
of higher education within The Oklahoma Sta te System of Higher
Education shall be required to engage in any form of mandatory
gender or sexual diversity training or counseling; provided,
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voluntary counseling shall not be prohibite d. Any orientation or
requirement that presents any form of race or sex stereotyping or a
bias on the basis of race or sex shall be prohibited.
2. Pursuant to the provisions of the Administrative Procedures
Act, the Oklahoma State Regents for Higher Edu cation shall
promulgate rules, subject to approval by the Legislature, to
implement the provisions of this subsection.
B. The provisions of this subsection shall not prohibit the
teaching of concepts that align to the Oklahoma Academic Standards.
1. No teacher, administrator , or other employee of a school
district, charter school, or virtual charter school shall require or
make part of a course the following concepts:
a. one race or sex is inherently superior to another race
or sex,
b. an individual, by virtue of his or her race or sex, is
inherently racist, sexist or oppre ssive, whether
consciously or unconsciously,
c. an individual should be discriminated against or
receive adverse treatment solely or partly because of
his or her race or sex,
d. members of one race or sex cannot and should not
attempt to treat others witho ut respect to race or
sex,
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e. an individual's moral character is necessarily
determined by his or her race or sex,
f. an individual, by virtue of his or her race or sex,
bears responsibility for actions committed in the past
by other members of the same ra ce or sex,
g. any individual should feel discomfort, guilt, anguish
or any other form of psychological distre ss on account
of his or her race or sex, or
h. meritocracy or traits such as a hard work ethic are
racist or sexist or were created by members of a
particular race to o ppress members of another race.
2. The State Board of Education shall promulgate rules, subject
to approval by the Legislature, to implement the provisions of this
subsection.
C. If an employee of a school district , charter school, or
virtual charter school is accused of violating paragraph 1 of
subsection B of this section, the school employee and administrator
of the school district, chart er school, or virtual charter school
shall be notified in writing that an alleged violation is being
investigated by the State Department of Education. The Department
shall give the school employee and school district, charter schoo l,
or virtual charter school administrator an opportunity to provide a
written statement about the alleged violation to be included in the
investigation. Once the investigation is completed, if the
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Department makes a determination to initiate proceedings to suspend
or revoke the license or certificat e of the school employee, the due
process rights afforded to certificate or license holders, as well
as state and federal rules and laws shall apply to any suspension or
revocation proceedings.
D. If a school district, charter school, or virtual charter
school is accused of violating paragraph 1 of subsection B of this
section, the administrator and board of education or governi ng board
of the school district, chart er school, or virtual charter school
shall be notified in writing that an alleged violation is being
investigated by the State Department of Education. The Department
shall give a representative of the school district, charter schoo l,
or virtual charter school an opportunity to provide a written
statement about the alleged violation to be included in the
investigation. Once the investigation is completed, if the State
Board of Education makes a determination to recla ssify the
accreditation status of the school district, charter school, or
virtual charter school , the Board shall provide prior written notice
of any meeting, hearing , or vote to the school district, cha rter
school, or virtual charter school, and comply with state and federal
rules and laws applicable to school accreditation.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-5948 EK 01/13/23