Req. No. 6729 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 L egislature (2023)
HOUSE BILL 2118 By: Swope
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 11-105.1, which relates to sex education
curriculum and materials; inc luding information about
state laws and criminal penalties in curriculum ; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 11 -105.1, is
amended to read as follows:
Section 11-105.1 A. All curriculum and materials including
supplementary materials which will be used to teach or will be used
for or in connection with a sex education class or program which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes, or any test, survey , or questionnaire whose primary
purpose is to elicit responses on sexual behavior or attitudes shall
be available through the superintendent or a designee of the sch ool
district for inspectio n by parents and guardians of the student who
will be involved with the class, program or, test, survey, or
questionnaire. Such
Req. No. 6729 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. The curriculum, materials, classes, programs, tests,
surveys, or questionnaires shall include information ab out consent
and shall have as one of its primary purposes the teaching of or
informing students about the practice of abstinence. For the
purposes of this section, "consent" shall have the same meaning as
that provided by Section 113 of Title 21 of the Ok lahoma Statutes.
The curriculum, materials, classes, programs, tests, surveys , or
questionnaires shall include information about state laws and
criminal penalties including, but not limited to:
1. Age of consent for sexual intercourse ;
2. Child pornography and disseminating nude photographs; and
3. Nonconsensual dissemi nation of private sexual images .
C. The superintendent or a designee of the school district
shall provide prior written notification to the parents or guardians
of the students involved of their right to inspect the curriculum
and material and of their obligation to notify the school in writing
if they do not want their child to participate in the class,
program, test, survey , or questionnaire. Each local board of
education shall determine the means of providing written
notification to the parents and guardian which will ens ure effective
notice in an efficient and appropriate manner. No student shall be
required to participate in a sex education class or program which
discusses sexual behavior or attit udes if a parent or guardian of
the student objects in writing to such par ticipation. If the type
Req. No. 6729 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
of program referred to in this section is a part of or is taught
during a credit course, a student may be required to enroll in the
course but shall not be r equired to receive instruction in or
participate in the program if a paren t or guardian objects in
writing.
B. D. The superintendent or a designee of a school district in
which sex education is taught or a program is offered which is
designed for the excl usive purpose of discussing sexual behavior or
attitudes shall approve all cu rriculum and materials which will be
used for such education and any test, survey , or questionnaire whose
primary purpose is to elicit responses on sexual behavior or
attitudes used in the school prior to their use in the classroom or
school. The teacher i nvolved in the class, program, testing , or
survey shall submit the curriculum, materials, tests , or surveys to
the superintendent or a designee for approval prior to their use in
the classroom or school. This section shall not apply to those
students enrolled in classes, programs, testings , or surveys offered
through an alternative education program.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6729 EK 01/12/23