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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 1811 By: Conley
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; prohibiting schools fro m
41	41	maintaining certain books or materials; requiring
42	42	school board to approve a written policy establishing
43	43	the process to challenge certain materials;
44	44	prohibiting certain materials; providing for
45	45	notification; specifying who can file a complaint;
46	46	listing contents of complaint; directing review of
47	47	complaints; requiring notice of final determination
48	48	within certain time; limiting certain materials
49	49	unless parent or legal guardian provides writt en
50	50	permission; authorizing appeal to State Board of
51	51	Education; directing Board to promulgate rules for
52	52	appeals process; permitting filing of certain civil
53	53	action in district court ; providing for certain
54	54	injunctive relief; providing exception for materials
55	55	approved by the State Textbook Committee; providing
56	56	for codification; and declaring an emergency.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. NEW LAW A new section o f law to be codified
64	64	in the Oklahoma Statutes as Section 11-203 of Title 70, unless there
65	65	is created a duplication in numbering, reads as follows:
66	66	A. No public school district, public char ter school, or public
67	67	school library shall maintain in its inv entory or promote books or
68	68	materials that violate Tit le 21 of the Oklahoma Statutes.
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95	95	B. There shall be a written policy, approved by the school
96	96	district board of education, which establishes th e process to
97	97	challenge materials in the media program and materials used by
98	98	teachers in classrooms. At a minimum, the written policy shall :
99	99	1. Prohibit materials which violate state laws on child
100	100	pornography and obscene material as defined in Section 1024.1 of
101	101	Title 21 of the Oklahoma Statutes; and
102	102	2. Provide methods to notify parents, legal guardians, and
103	103	students about the process for challenging materials .
104	104	C. Any parent or legal guardian of a minor student or an adult
105	105	student enrolled in the school district may file a complaint to
106	106	challenge media program and classroom materials which are not
107	107	subject to review and approval by the State Textbook Committee and
108	108	which are located within the school building that the student
109	109	attends. The complaint shall:
110	110	1. Be in writing on a form prescribed by the school district;
111	111	2. Be specific as to the material being challenged and the
112	112	reasons for the challenge; and
113	113	3. Be distributed to the school district board of edu cation,
114	114	the school librarian , or teacher if the ma terial is a classroom
115	115	material, and the superintendent.
116	116	D. The school district board of education shall review the
117	117	complaint and the material being challenged in its entirety as w ell
118	118	as related documents. The school district board of education shall
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145	145	make a final determination and notify the complainant in writing no
146	146	later than thirty (30) business days after receipt of t he complaint.
147	147	If the board determines the school may keep the challenged material
148	148	but that it shall be restricted to certain ages or gra de levels, the
149	149	school shall only provide the material to a student if the student's
150	150	parent or legal guardian has given written permission allowing it.
151	151	E. If the complainant is not satisfied with the final
152	152	determination of the school district board of educ ation, complainant
153	153	may appeal the final determination within ten (10) days of
154	154	notification of the determination to the State Board of Education.
155	155	The complainant shall submit to the Board and the superintendent of
156	156	the school district a notice of appeal on a form prescribed by the
157	157	Board. The appeal shall be considered by the Board at its next
158	158	regularly scheduled meeting, where the complainant and a
159	159	representative from the school district may address the Board. The
160	160	Board shall make a final determination on the appeal no later than
161	161	sixty (60) days after the Board meeting. The Board shall promulgate
162	162	rules to establish the appeals process authorized by this
163	163	subsection.
164	164	F. If a written complaint is denied by the school district
165	165	board of education pursuant to s ubsection D of this section, the
166	166	parent or legal guardian may file a civil action in district court
167	167	against the school. If a court d etermines the book or material
168	168	violates state laws on child pornography and obscene material as
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195	195	defined in Section 1024.1 o f Title 21 of the Oklahoma Stat utes, the
196	196	court may grant injunctive relief to the petitioner by ordering
197	197	removal of the book or material from the public school, public
198	198	charter school, or public school library.
199	199	G. The provisions of this section s hall not apply to materials
200	200	reviewed and approved by the State Textbook Committe e.
201	201	SECTION 2. It being immediately necessary for the preservation
202	202	of the public peace, health or safety, an emergency is hereby
203	203	declared to exist, by reason whereof this act shall take effect and
204	204	be in full force from and after its passage an d approval.
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206	206	59-1-5964 EK 01/02/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1811 Compare Versions