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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 973 By: Jett
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 11-105.1, which relates to materials used in
sex education class; updating statutory language;
directing certain notification to take place with
certain time to respond; prohibiting certain student
from being penalized; prohibiting curriculum and
materials in certain grades from inclu ding certain
information; directing certain instruc tion to ensure
equal time on certain perspective; 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 11 -105.1, is
amended to read as follows:
Section 11-105.1. A. All curriculum and materials including
supplementary materia ls 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 pur pose of discussing sexual behavior or
attitudes, or any test, survey , or questionnaire whose primary
purpose is to elicit responses on sexual behavio r or attitudes shall
be available through the superinten dent or a designee of the sch ool
district for inspection by parents and guardians of the student who
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will be involved with the class, program or, test, survey, or
questionnaire. Such curriculum, mate rials, classes, programs,
tests, surveys, or questionnaires shall include information ab out
consent and shall have as one of its their 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 provide d by Section 113 of Title 21 of the Ok lahoma
Statutes. The Prior to its introduction and in sufficient time for
a parent or legal guardian to respond, 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 ensure 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
attitudes if a parent or guardian of the student objects in writing
to such participation. If the type of program referred to in this
section is a part of or is taught during a credit course, a stude nt
may be required to enroll in the course but shall not be required to
receive instruction in or participate in the program if a paren t or
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guardian objects in writing , and the student shall not be penalized
for not receiving in struction in or participating in the program.
B. The superintendent or a desig nee of a school district in
which sex education is taught or a program is offered which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes shall approve all cu rriculum and materials which will be
used for such education and an y test, survey, or questionnaire whose
primary purpose is to e licit 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 tests, or surveys
offered through an alternative education program.
C. Curriculum and materials provided pursuant to this section
to students in grades kindergarten through six shall be prohibited
from including information on sexual orientation or gender identity.
For grades in which information on sexual orientation or gender
identity is allowed, the teacher providing instruction shall ensure
equal time is spent on the two -gender perspective.
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
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and ap proval.
59-1-1637 EB 1/19/2023 11:54:09 AM