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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 872 By: Bullard
AS INTRODUCED
An Act relating to schools; amending Section 1,
Chapter 106, O.S.L. 2022 (70 O.S. Sup p. 2022, Section
11-201), which relates to library media programs;
prohibiting certain materials and resources located
in certain library or elsewhere on certain school
premises from containing certain depictions or
descriptions; providing certain exceptio n; requiring
public school districts and charter sc hools to
conduct certain audit by certain date; directing
removal of certain materials and resources; requiring
maintenance of certain inventory list; directing
certain materials and resources to be available for
certain inspection; directing certain recommendations
to be made by certain individuals; requiring a
superintendent to approve or disapprove certain
recommendations; providing process for a parent or
legal guardian to request a review of certain
materials and resources; provid ing penalty for
failure to remove certain material or resource;
providing for promulgation of rules; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L.
2022 (70 O.S. Supp. 2022, Section 11 -201), is amended to read as
follows:
Section 11-201. A. As school library me dia center resources
are finite, the library media program shall be reflective of the
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community standards for the population the library media center
serves when acquiring an age-appropriate collection of print
materials, nonprint materials, multimedia res ources, equipment, and
supplies adequate in quality and quantity to meet the needs of
students in all areas of the school library media program.
B. To provide a library media program that meets the provisions
of subsection A of this section, no print or nonprint materials or
multimedia resources located in a public school district or public
charter school library or els ewhere on the premises of the district
or charter school shall contain :
1. Visual or visually implied depictions of sexual acts or
simulations of such acts;
2. Explicit or implied written descr iptions of sexual acts; or
3. Visual depictions of nudity or implied nudity, except for
such depictions which may appear in a biology textbook .
C. By July 1, 2024, a nd by July 1 annually thereafter, each
public school district and public charter school in this state shall
conduct an audit of print and nonprint materials and multimedia
resources located in a library or elsewhere on the premises of the
district or charter s chool and shall remove any materials or
resources that have content prohibited by subsection B of this
section. Beginning July 1, 2024, each publ ic school district and
public charter school shall maintain an inventory list of all print
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and nonprint materials and m ultimedia resources located in a library
or elsewhere on the premises of the district or charter school.
D. All print and nonprint materials and multimedia resources
shall be available for inspection by parents or legal guardians of
students enrolled in a public school district or public charter
school.
E. Recommendations for new print or nonprint materials and
multimedia resources shall be made by the school librarian , library
media specialist, or a designee of the superintendent of the public
school district or public charter school. The superintendent of the
public school district or p ublic charter school sh all review and
approve or disapprove the recommendations for new print and nonprint
materials and multimedia resources .
F. 1. The parent or legal guardian of a student enrolled in a
public school district or public charter school m ay submit a written
request to the superintendent o f the district or charter school to
review print or nonprint materials or multimedia resources located
on school premises to determine whether they violate the provisions
of subsection B of this section.
2. Upon receipt of the written request, the super intendent and
the principal of the school site where the material or resource is
located shall review the material or resource and within ten (10)
business days shall either remove the material or resour ce from
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school premises or submit to the parent or lega l guardian a written
explanation for not rem oving the material or resource.
3. A parent or legal guardian may appeal the decision of a
superintendent and principal to not remove the material or resource
from school premises to the school district board of education or
the governing board of the cha rter school. Upon receipt of a
written request for appeal, the school district board of education
or charter school governing board shall review the material or
resource. As part of the appeal process, the pare nt or legal
guardian may read a portion of t he material or resource during a
public meeting of the school district board of education or charter
school governing board. The school district board of educat ion or
charter school governing board shall either direct that the material
or resource be removed from school premises or submit to the parent
or legal guardian a written explanation fo r not removing the
material or resource.
4. A parent or legal guardia n may appeal the decision of a
school district boar d of education or charter school governing b oard
to not remove the material or resource from school premises to the
State Board of Education. Upon receipt of a written request for
appeal, the State Board of Education shall review the material or
resource and shall either direct that the material or resource be
removed from school premises or submit to the parent or legal
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guardian a written explanation for not removing the material or
resource.
5. A school district or charter sch ool that fails to remove a
material or resource as directed by the Stat e Board of Education
pursuant to this subsection shall receive a five percent ( 5%)
reduction in state funding for the fiscal year following the fiscal
year during which the district or charter school failed to remove
the material or resource.
G. The State Board of Education shall promulgate rules to
implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately n ecessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-32 EB 1/19/2023 10:06:14 AM