Req. No. 6801 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 2670 By: Steagall AS INTRODUCED An Act relating to parental rights; amending 25 O.S. 2021, Section 2003, which relates to parental involvement; providing that parent may submit written complaint to superintendent; providing that superintendent respond within certain amount of time; providing that parent may appeal actions; authorizing Board of Education to appoint a n investigative committee; providing t hat committee respond within certain amount of time; providi ng that parent or district attorney may file suit for violation ; providing relief; and p roviding an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2021, Section 2003, is amended to read as follows: Section 2003. A. The board of education of a school district, in consultation with parents, teachers and administrators, shall develop and adopt a policy to pr omote the involvement of parents and guardians of children enrolled in the schools within the school district, including: Req. No. 6801 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 1. A plan for parent participation in the sch ools which is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline; 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials; 3. Procedures by which parents who object to any learning material or activity on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that it is harmful inc ludes objection to a material or activity because it questions beliefs or practices in sex, morality or religion; 4. If a school district offers any sex education curr icula pursuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes or pursuant to any rules adopted by the State Board of Education, procedures to opt out of a school district from providing sex education instruction to a child if the child 's parent provides written objection to the child 's participation in the sex education curricula; 5. Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from any instruction or presentations regarding sexua lity in courses other Req. No. 6801 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 than formal sex education curricula pursuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes; 6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, as well as extracurricular clubs and activities that have been approved by the schoo l; and 7. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: a. the right to opt out of a sex education curriculum if one is provided by the school district, b. open enrollment rights, c. the right to opt out of assignments pursuant to this section, d. the right to be exempt from the immunization laws of the state pursuant to Section 12 10.192 of Title 70 of the Oklahoma Statutes, e. the promotion requirements prescribed in Section 1210.508E of Title 70 of the Oklahoma Statutes, f. the minimum course of study and competency requirements for graduation from high school prescribed in Sectio n 11-103.6 of Title 70 of the Oklahoma Statutes, Req. No. 6801 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 g. the right to opt out of instruction on the acquired immune deficiency syndrome pursuant to Section 11 - 103.3 of Title 70 of the Oklahoma Statutes, h. the right to review test results, i. the right to participate in gifted programs pursuant to Sections 1210.301 through 1210.308 of Title 70 of the Oklahoma Statutes, j. the right to inspect instructional materials used in connection with any research or experimentation program or project pursuant to Section 11 -106 of Title 70 of the Oklahoma Statutes, k. the right to receive a school report card, l. the attendance requirements prescribed in Section 10 - 106 of Title 70 of the Oklahoma Statutes, m. the right to public review of courses of study and textbooks, n. the right to be excused from school attendance for religious purposes, o. policies related to parental involvement pursuant to this section, p. the right to participate in parent -teacher associations and organizations that are sanctioned by the board of education of a school district, and Req. No. 6801 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 q. the right to opt out of any data collection instrume nt at the district level that would capture data for inclusion in the state longitudinal student data system except what is necessary and essential for establishing a student's public school record. B. The board of education of a school district may adopt a policy to provide to parents the information required by this section in an electronic form. C. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten (10) days of receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested inf ormation to the parent or submit to the parent a written explanation of the reasons for the denial of the requested information. If the request for information is deni ed or the parent does not receive the requested information within fifteen (15) days after submitting the request for information, the parent may submit a written request for the information to the board of education of a school district, which shall forma lly consider the request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the board of education of Req. No. 6801 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a school district shall formally consider t he request at the next subsequent public meeting of the board. D. A parent may submit a written complaint detailing any violation of this section to the superintendent of th e school district. The parent shall be entitled to a meeting with the superintendent to discuss the complaint if desired by the parent. The superintendent shall investi gate the complaint and respond to the parent in writing within fourteen (14) days after receiving the complaint describing the actions the superintendent shall take to remedy the complaint. E. A parent may appeal the actions of the superintendent to the Board of Education by submitting a written complaint detailing the violation and a description of why the superintendent's response failed to remedy the complaint. The Board of Education shall appoint a committee to investigate any such complaints. The committee shall meet with the parent to discuss the complaint. Within thirty (30) days of receiving the complaint, the committee shall submit a recommended response and propos ed steps to remedy the complaint to the Board for action by the Board at the next regularly scheduled meeting. F. If the Board's action does not remedy a complaint, a parent or a district attorney with jurisdiction over the school district may file suit and assert a violation of this section as a claim against the school district. Req. No. 6801 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. A parent or district attorney that successfully asserts a claim may recover: 1. declaratory relief; 2. injunctive relief to prevent or remedy a violation of this section or the effects of such a violation; 3. reasonable attorneys ' fees and costs; and 4. any other appropriate relief. SECTION 2. This act shall become effective November 1, 2023. 59-1-6801 CMA 01/05/23