Req. No. 1318 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 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) SENATE BILL 933 By: Jett AS INTRODUCED An Act relating to schools; amending 70 O.S. 2021, Section 24-157, which relates to certain prohibited training and instruction ; prohibiting certain schools from compelling certain personnel to adopt certain concepts; modifying prohibited concepts; prohibiting certain schools from compelling participat ion in certain instruction, professional development, or training; prohibiting certain school personnel from engaging in certain acts; prohibiting certain school personnel from compelling discussion of certain issues without consent; providing certain construction; prohibiting certain schools found in noncompliance from receiving certain funds; p roviding for certain relief; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O .S. 2021, Section 24 -157, is amended to read as fol lows: Section 24-157. A. 1. No enrolled student of an institution of higher education within The Oklahoma State System of Higher Education shall be required to engag e in any form of mandatory gender or sexual diversity training or counseling; provided, voluntary counseling shall not be prohibite d. Any orientation or Req. No. 1318 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex s hall be prohibited. 2. Pursuant to the provisions of the Administrative Procedures Act, the Oklahoma State Regents for Higher Edu cation shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection. B. The provisions of this subsection shall not prohibit the teaching of concepts that align to the Oklahoma Academic Standards. 1. No teacher, administrator , or other employee of a school district, charter school , or virtual charter school shall require or make part of a course, nor shall a school district, charter school, or virtual charter school compel a teacher, administrator, or other employee to adopt, adhere to, or profess, the following concepts: a. one race, ethnicity, national origin, or sex is inherently superior to another race, ethnicity, national origin, or sex, b. an individual, by virtue of his or her race , ethnicity, national origin, or sex, is inherently racist, sexist, or oppressive, whether consci ously or unconsciously, c. an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race, ethnicity, national origin, or sex, Req. No. 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. members of one race, ethnicity, national origin, or sex cannot and should not attempt to treat others without respect to race, ethnicity, national origin, or sex, e. an individual’s moral character is nece ssarily determined by his or her race , ethnicity, national origin, or sex, f. an individual, by virtue of his or her race, ethnicity, national origin, or sex, bears responsibility for actions committed in the past by other members of the same race , ethnicity, national origin, or sex, g. any individual should feel discomfort, guilt, anguish , or any other form of psychological distress on account of his or her race, ethnicity, national origin, or sex, or h. meritocracy or traits such as a hard work ethic are racist or, sexist, oppressive, or were created by members of a particular race , ethnicity, national origin, or sex to oppress members of another race , ethnicity, national origin, or sex. 2. No teacher, administrator, or other employee of a school district, charter school, or virtual charter school shall be compelled to participate in instruction, professional development, Req. No. 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or training on the topics outlined in paragraph 1 of this subsection. 3. No school district, charter school, or virtual charter school employee shall organiz e, participate in, or carry out any act or communication that may violate the p rovisions of this subsection while acting in the course of his or her official duties. 4. The State Board of Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection. C. No school district, charter scho ol, or virtual charter school shall make distinctions or classifications of students b ased on race, ethnicity, national origin, or sex. D. No school district, charter school, or virtual charter school shall compel a student, teacher, administrator , or other school employee to discuss public policy issues of the day without the consent of the student, teacher, administrator, or other school employee or the written consent of the student ’s parent or legal guardian if the student is under age eighteen (18). Provided, however, that the provisions of this subsect ion shall not be construed to prohibit students, teachers, administrator s, or other school employees from discussing public policy issues of the day or ideas that individuals may find unwelcome, di sagreeable, or offensive. Req. No. 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. Upon a finding of noncomplian ce with the provisions of subsections B, C, or D of this section by the State Board of Education, the noncomplian t school district, charter school, or virtual charter school sh all be ineligible to receive state funding for the fiscal years following the ye ar of noncompliance. F. School district, charter school, and virtual charter school teachers, administrators, other school employees, and students or parents or legal guardians of students under the age of eighteen (18) enrolled in a school district, char ter school, or virtual charter school may: 1. Seek relief for a violation of this sectio n through the United States Departm ent of Education Office for Civil Rights; or 2. Have a cause of action for injunctive relief, damages, and any other relief permitte d by law against the school district, charter school, or virtual 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 he reby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. 59-1-1318 EB 1/19/2023 10:54:34 AM