Req. No. 5964 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1811 By: Conley
AS INTRODUCED
An Act relating to schools; prohibiting schools fro m
maintaining certain books or materials; requiring
school board to approve a written policy establishing
the process to challenge certain materials;
prohibiting certain materials; providing for
notification; specifying who can file a complaint;
listing contents of complaint; directing review of
complaints; requiring notice of final determination
within certain time; limiting certain materials
unless parent or legal guardian provides writt en
permission; authorizing appeal to State Board of
Education; directing Board to promulgate rules for
appeals process; permitting filing of certain civil
action in district court ; providing for certain
injunctive relief; providing exception for materials
approved by the State Textbook Committee; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 11-203 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No public school district, public char ter school, or public
school library shall maintain in its inv entory or promote books or
materials that violate Tit le 21 of the Oklahoma Statutes.
Req. No. 5964 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. There shall be a written policy, approved by the school
district board of education, which establishes th e process to
challenge materials in the media program and materials used by
teachers in classrooms. At a minimum, the written policy shall :
1. Prohibit materials which violate state laws on child
pornography and obscene material as defined in Section 1024.1 of
Title 21 of the Oklahoma Statutes; and
2. Provide methods to notify parents, legal guardians, and
students about the process for challenging materials .
C. Any parent or legal guardian of a minor student or an adult
student enrolled in the school district may file a complaint to
challenge media program and classroom materials which are not
subject to review and approval by the State Textbook Committee and
which are located within the school building that the student
attends. The complaint shall:
1. Be in writing on a form prescribed by the school district;
2. Be specific as to the material being challenged and the
reasons for the challenge; and
3. Be distributed to the school district board of edu cation,
the school librarian , or teacher if the ma terial is a classroom
material, and the superintendent.
D. The school district board of education shall review the
complaint and the material being challenged in its entirety as w ell
as related documents. The school district board of education shall
Req. No. 5964 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
make a final determination and notify the complainant in writing no
later than thirty (30) business days after receipt of t he complaint.
If the board determines the school may keep the challenged material
but that it shall be restricted to certain ages or gra de levels, the
school shall only provide the material to a student if the student's
parent or legal guardian has given written permission allowing it.
E. If the complainant is not satisfied with the final
determination of the school district board of educ ation, complainant
may appeal the final determination within ten (10) days of
notification of the determination to the State Board of Education.
The complainant shall submit to the Board and the superintendent of
the school district a notice of appeal on a form prescribed by the
Board. The appeal shall be considered by the Board at its next
regularly scheduled meeting, where the complainant and a
representative from the school district may address the Board. The
Board shall make a final determination on the appeal no later than
sixty (60) days after the Board meeting. The Board shall promulgate
rules to establish the appeals process authorized by this
subsection.
F. If a written complaint is denied by the school district
board of education pursuant to s ubsection D of this section, the
parent or legal guardian may file a civil action in district court
against the school. If a court d etermines the book or material
violates state laws on child pornography and obscene material as
Req. No. 5964 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
defined in Section 1024.1 o f Title 21 of the Oklahoma Stat utes, the
court may grant injunctive relief to the petitioner by ordering
removal of the book or material from the public school, public
charter school, or public school library.
G. The provisions of this section s hall not apply to materials
reviewed and approved by the State Textbook Committe e.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-5964 EK 01/02/23