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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1810 By: Conley
AS INTRODUCED
An Act relating to schools; defining terms;
prohibiting sensitive materials in the school
setting; requiring inclusion of certain parents when
determining if an instruction al material is sensitive
material; assigning training and reporting duties to
State Board of Education; authorizing promulgation of
rules; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-106.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. As provided in this section:
1. "Instructional material " means a material, regardless of
format, used:
a. as or in place of textbooks to del iver curriculum for
courses of study by students , or
b. to support a student 's learning in the school setting.
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Instructional material includes reading materials, handouts,
videos, digital materials, websites, online applications, and live
presentations;
2. "Governing board" means:
a. for a school district, the school district board of
education,
b. for a charter school or virtual charter school , the
charter school or virtual charter school governing
board, or
c. for the Oklahoma School for the Deaf and the Oklahoma
School for the Blind, the Department of Rehabilitation
Services;
3. "Minor" means any person who is younger than eighteen (18)
years of age;
4. "Public school" means a school district school, charter
school, virtual charter school , the Oklahoma School for the Deaf, or
the Oklahoma School for the Blind;
5. "School setting" means in a classroom, in a school library,
or on school property. School setting includes the following
activities that an organizatio n or individual or organization
outside of a public school conducts, if a public school sponsors or
requires the activity:
a. an assembly,
b. a guest lecture,
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c. a live presentation, or
d. an event; and
6. "Sensitive material" means an instructional mater ial that is
child pornography or obscene material as both are defined in Section
1024.1 of Title 21 of the Oklahoma Statutes. Sensitive material
shall not include instructional material:
a. for medical courses,
b. for family and consumer sc ience courses, or
c. for another course the State Board of Education
exempts by rule.
B. Sensitive materials shall be prohibited in the school
setting. A public school shall not:
1. Adopt, use, distribute, provide a student access to, or
maintain in the school setting, sensitive materials; or
2. Permit a speaker or presenter in the school setting to
display or distribute sensitive materials.
C. A governing board shall include parents who are reflective
of the members of the school 's community when determining if an
instructional material is sensitive mater ial.
D. The State Board of Education shall:
1. Provide guidance and training to support public schools in
identifying instructional materials ; and
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2. Report to the Speaker of the House of Representatives and
the President Pro Tempore of the Senate, on or before February 1,
2024, on implementation and compliance with this section, including:
a. any policy the Board or a governing board adopts to
implement or comply with this section,
b. any rule the Board promulgates to implement or comply
with this section, and
c. any complaints a governing board or the Board receives
regarding a violation of this section, including:
(1) action taken in response to a complaint , and
(2) if a governing board retains an instructional
material for which the governing board or the
Board receives a complaint, the rationale for
retaining the instructional material .
E. The Board may promulgate rules to implement the provisions
of this section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5963 EK 01/15/23