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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 865 By: Bullard
AS INTRODUCED
An Act relating to teachers; creating the Te achers’
Bill of Rights; providing short title; affording
certain rights to certain teachers, administrators,
and support staff; directing creation of certain due
process plan; requiring plan to include certain
components; providing for codification; providing an
effective date; and declaring an emergency.
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 6-101.9 of Title 70, unless
there is created a duplication in nu mbering, reads as follows:
A. This act shall be kn own and may be cited as the “Teachers’
Bill of Rights”.
B. Teachers, administrators, and support staff employed by a
school district, public charter school, or public virtual charter
school in this state shall be afforded the following rights:
1. The right to free expression of religion, speech, and
peaceable assembly including, but not l imited to:
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a. the right to keep the Holy Scriptures in their
classroom for personal use,
b. the right to use the Holy S criptures as they pertain
to the teaching of American history or American
literature if presented objectively as part of a
secular program of education,
c. the right to wear faith-based or religious symbols
including jewelry on their persons,
d. the right to pray with, over, or in front of students
as provided for in Section 11 -101.1 of Title 70 of the
Oklahoma Statutes, and
e. the right to a working environment in which the
employing school district, public charter school, or
public virtual charter school does not endorse, favor,
promote, demean, show host ility toward, or
intentionally undermine any particular religion or
nonreligious faith or religious perspective;
2. The right to be free from the use of vulgar or abus ive
language by students and other teachers, administrators, or support
staff;
3. The right to be free from physical harm or threat s from
students, parents or legal guardians of students , and other
employees of the school district, p ublic charter school, or publ ic
virtual charter school;
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4. The right to provide for the control and disciplin e of
students as may be assigned to him or her and to keep good o rder in
the classroom and other places in which he or she is assigned to be
in charge of students including:
a. the right to have disobedien t, disrespectful, violent,
abusive, or disruptive students removed from the
classroom,
b. the right to refuse to allow a student w ho has been
suspended for a violent offense to return to his or
her classroom, as provided for in Section 24 -101.3 of
Title 70 of the Oklahoma Statutes, and
c. the right to use established and reasonable methods of
discipline, as provided for in the policy adopted
pursuant to Section 24 -100.4 of Title 70 of the
Oklahoma Statutes, and to be immune from civil
liability for any action taken in good faith as
provided for Section 24-101.3 of Title 70 of the
Oklahoma Statutes;
5. The right of designated school personnel to carry and use a
firearm, as provided for in Section 5-149.2 of Title 70 of the
Oklahoma Statutes;
6. The right to a safe working environment with adequate safety
protocols and structur al safety measures to ensure protection from
exterior or interior threats of violence ;
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7. The right to medical pr ivacy, to refuse a vaccination as a
condition of employment, and to refuse to wear a mask or any other
medical device as a condition of employment, except as provided for
in Section 1210.190 of Title 70 of the Oklahoma Statutes;
8. The right to refuse to provide instruction or participate in
training on any topic that violat es the individual’s conscience,
ethics, or religion; provided, however, the individual shal l be
prohibited from refusing to prov ide instruction prescribed by state
law, including the subject matter standards prov ided for in Section
11-103.6 of Title 70 of the Oklahoma Statutes, or prescribed by
State Board of Education rules;
9. The right to adequate planning time including at least one
hour not to be infringed by addit ional responsibilities or requests;
provided, however, an individual may voluntarily rel inquish his or
her planning hour;
10. The right to a lunch period of a minimum of twenty (20)
minutes during the school day;
11. The right to information regarding complaints filed by a
student or the parent or legal guardian of a student, unless the
complaint is part of a law enforcement investigation;
12. The right to be protected by school administrators when
helping students better understand, analyze, critique, and review in
an objective manner the strengths and weaknesses of existing
theories, issues, and subjects which may be controversial when
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covered in a course being taught using evidence -based, peer-reviewed
material; and
13. The right to privately petition a school administrator , a
school district board of education , or a governing body of a public
charter school or public virtual charter sch ool to modify a school
policy.
C. A school district board of education or the governing body
of a public charter school or public virtual charter school shall
create a due process plan f or teachers, administrators, and support
staff to report violations of the rights provided for in subsection
B of this section. The due process plan sh all include, at a
minimum, the following:
1. Designation of a school employee or employees to receive
reports of violation;
2. Provisions for anonymous reports to protect the identity of
the accuser from retribution;
3. A requirement that reported viola tions be investigated by
designated school employees in a timely manner;
4. Procedures for investigatin g and implementing punishment for
false accusations;
5. Procedures for reporting to law enforcement suspected
violations that may constitute criminal a ctivity or reasonably have
the potential to endanger school safety ; and
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6. A procedure for appealing fi ndings of designated school
employees to a school district board of e ducation or the governing
body of a public charter school or public vi rtual charter school.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-26 EB 1/19/2023 10:00:36 AM