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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3619 By: Conley
AS INTRODUCED
An Act relating to students; creating the Stude nts'
Bill of Rights; listing rights for students attending
public schools and charter schools; prohibiting
punishment for students exerci sing their rights;
providing notification and demand process for
violations of students' rights; authorizing filing
civil lawsuit for violation of rights; directing
court to award attorney fees to prevailing party;
prohibiting filing lawsuit in certain circumstance s;
providing for codification; and providing an
effective date.
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 24-100.11 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Students'
Bill of Rights".
B. A student enrolled in and attendin g a public school district
or public charter school in this state shall be afforded the
following rights:
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1. The right to a safe learning environment , including the
right to be free from bullying and threatening behavior as defined
in Section 24-100.3 of Title 70 of the Oklahoma Statutes;
2. The right to an unbiased education that does not endorse,
favor, or promote socialism, communism , or Marxism and that is free
from anti-American bias;
3. The right to an unbiased learning environment that includes ,
but is not limited to:
a. the right to a classroom environment that is free from
the display of flags or propaganda of any organization
or symbols of socialism, communism, Marxism , or anti-
American sentiment, and
b. the right to attend or participate in sch ool-sponsored
or school-sanctioned events or activities that are
free from the display of flags or propaganda that are
paid for with public funds and that represent any
organization or symbol of socialism, commun ism,
Marxism, or anti-American sentiment;
4. The right to use self-defense if attacked on school property
or during a school event;
5. The right to public and free expression of religion, speech ,
and peaceable assembly including , but not limited to:
a. the right to participate in or lead prayer,
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b. the right to observe one minute of silence each day ,
pursuant to Section 11-101.2 of Title 70 of the
Oklahoma Statutes,
c. the right to study and read the religious texts of his
or her choosing during free time ,
d. the right to an unbiased education that does not
endorse, favor, promote, demean, show hostility
toward, or intentionally undermine any particular
religion or nonreligious faith or religious
perspective;
6. The right to an appropriate relationship wit h teachers and
school employees that is fre e from actions that cons titute a crime
or an attempted crime under state law;
7. The right to be free from the use of vulgar language
directed toward other individuals by other students, teachers,
athletic coaches, or school district employees ; and
8. The right to have a parent or legal counsel present if the
student is being questioned concerning potential i llegal conduct.
C. Students shall not be punished or otherwise penalized at
school or during school-related activities for lawfully exercising
their rights or engaging in l awful conduct outside of school hours
and outside of school property or school events.
D. If any rights listed in the Students ' Bill of Rights are
violated, a parent, legal guardian, or th e student may submit a
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written demand for enforcement of the rights provided in the
Students' Bill of Rights. Within seven (7) business days of rece ipt
of the demand, the school shall submit a written response to the
allegation, either admitting or denying the allegation. If the
school continues to deny the student's demand, a parent, legal
guardian, or student may file a civil lawsuit in district court to
enforce the rights outlined in this section . The court shall award
reasonable attorney fees to the prevailing party.
E. A lawsuit shall not be filed pursuant to the bullying or
threatening behavior provisions of paragraph 1 of subsection B of
this section unless a parent, legal guardian, or student has
notified the school of ongoing bullying or threatening behavior and
the school fails to addre ss the bullying or threatening behavior by
allowing the perpetrator to remain in contact with the victim when
the bullying or threatening behavior continues and rises to the
level of harassment. A lawsuit shall not be filed prior to a second
or subsequent incident within twelve (12) calendar months.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9703 EK 01/17/24