Req. No. 6978 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 1812 By: Conley
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 11-105.1, which relates to sex education
curriculum and materials; providing a definition for
abstinence; requiring parents to give permission for
students to participa te in sex education; prohibiting
required participation for students; mandating
penalty for certain noncompliance; providing for
promulgation of rules; repealing 70 O.S. 2021,
Section 11-103.3, which relates to AIDS prevention
education; 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 materials which will be used to teach or will be use d
for or in connection with a sex education class or program which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes, or any test, survey , or questionnaire whose primary
purpose is to elicit responses on sexual behavior or at titudes shall
be available through the superintendent or a designee of the sch ool
Req. No. 6978 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
district for inspection by parents and guardians of the student who
will may be involved with the class, program or, test, survey, or
questionnaire.
1. Such The curriculum, materials, classes, programs, tests,
surveys, or questionnaires shall include i nformation about consent
and shall have as one of its primary purposes the teaching of or
informing students about the practice of abstinence. For the
purposes of this section,
a. "abstinence" shall mean no pre-marital sexual contact,
sexual intimacy, or sexual activity of any kind,
including restraint from any intimate touches or
genital contact, and
b. "consent" shall have the same meaning as that provided
by Section 113 of Title 21 of the Oklahoma Statutes.
2. The superintendent or a designee of the sc hool 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 par ticipate 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 g uardian which will ens ure effective
notice in an efficient and appropriate manner . No student shall be
required to participate in a sex education class or program which
Req. No. 6978 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
discusses sexual behavior or attitudes if unless a parent or
guardian of the student objects agrees 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 student may be
required to enroll in the course but shall not be required to
receive instruction in or p articipate in the program if unless a
parent or guardian objects agrees in writing.
B. The superintendent or a designee 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 wi ll be
used for such education and any test, survey , or questionnaire whose
primary purpose is to elicit responses on sexual behavior or
attitudes used in the school prior to t heir 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.
C. This section shall not apply to those students enroll ed in
classes, programs, testings, or surveys offered through an
alternative education program.
D. Upon a finding of noncompliance with the provisions of
subsection A of this section by the State Boa rd of Education, the
noncompliant school district or public charter school shall receive
Req. No. 6978 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
a five percent (5%) decrease in state funding for the school
district or public charter school for the fiscal year following the
year of noncompliance.
E. The State Board of Education may promulgate rules in
accordance with the provisions of this section.
SECTION 2. REPEALER 70 O.S. 2021, Section 11-103.3, is
hereby repealed.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservati on
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.
59-1-6978 EK 01/06/23