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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1208 By: Hamilton
AS INTRODUCED
An Act relating to schools; defining terms; requiring
each school district and charter school to submit to
the State Department of Edu cation certain listing
annually by certain date; allowing submission of
certain attestation; prohibiting certain materials
and content from being accessible to cer tain
students; requiring school districts a nd charter
schools to have certain written policy; providing
certain construction; providing process for reporting
suspected violations; providing for contents of
report; requiring certain notifications within
certain time period; providing for investigation;
allowing a school district or charter school t o
request certain hearing within certain time period;
directing the State B oard of Education to review
certain information and vote on certain
determination; authorizing certain designation of a
school for certain noncompliance; providing certain
penalty for noncompliance; providing for promulgation
of rules; providing fo r codification; providing an
effective date; and decl aring an emergency.
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 Statu tes as Section 11-203 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. “Library” means a school library, media program, a classroom
library, or any other collecti on of books or other materials, print
or digital, that are maintained by a school district or charter
school or its employees for use by students and that do not qualify
as textbooks approved by the State Textbook Committee pursuant to
Sections 16-101 through 16-124 of Title 70 of the Oklahoma Statutes;
2. “School library” means the library maintained by a school
district or charter school for use by students;
3. “Pornographic” means:
a. depictions or descriptions of sexual conduct which are
patently offensive as found by the average person
applying contemporary community standards, consideri ng
the youngest age of students with access to the
material,
b. materials that, taken as a whole, have as the dominant
theme an appeal to pruri ent interest in sex as found
by the average person applying contemporary community
standards, and
c. a reasonable person would find the material, taken as
a whole, lacks serious liter ary, artistic,
educational, political, or scientific purposes or
values considering the youngest age of students with
access to the material; and
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4. “Sexualized content” means material that is not s trictly
pornographic but otherwise contains excessive sexual material in
light of the educational value of the material and in light of the
youngest age of students with access to the material.
B. By October 1, 2024, and by every October 1 thereafter, eac h
school district and charter school shall submit to the State
Department of Education a complete listing of all books and other
materials available in its school library. To fulfill the
requirement of this subsection, a school district or charter school
superintendent may submit a n attestation that the public online
school library catalog or catalogs contain a complete and accurate
list of books and other materials accompanied by the website for
accessing the relevant catalog or catalogs.
C. A library in a school district or charter school shall be
prohibited from having any pornographic materials or se xualized
content accessible t o students under the age of eighteen (18).
D. Each school district and charter school shall have a written
policy for reviewing the educational suitability and age -appropriate
nature of any material in a library and for receiving and responding
to complaints regarding books and other materials in libraries.
E. Nothing in this section shall prohibit a student from
reading, owning, possessing, or discussing any book obtained without
the assistance or encouragement of a school district or charter
school, its employees, or its libra ries; provided, however, nothing
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in this section shall be construed to allow a student to bring
pornographic material or sexual ized content on the grounds of a
school district or charter school.
F. 1. The parent or legal guardian of a student enrolled in a
school district or charter school may report suspected violations of
the provisions of this section to the State Department of Education.
The report shall include a written complai nt summarizing the alleged
violation including the time, date, and locat ion of the alleged
violation and the identity of any person involved. The report shall
include a copy of any complaint submitted to the school district or
charter school and any related response.
2. Within fourteen (14) business d ays of receiving a repor t
pursuant to this subsection, the State Department of Education shall
notify the school district or c harter school of the alleg ed
violation and provide an opp ortunity to respond.
3. The State Department of Education shall conduct an
investigation to dete rmine whether a violation occurred. The
Department shall notify the parent or legal guardian who subm itted
the report and the school district or charter school of the results
of the investigation.
4. If the Department determines a violation occurred, the
school district or charter school shall have fourteen (14) business
days to request a hearing before the State Board of Education. The
Board shall review the alleged violation, the results of the
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Department’s investigation, and the response from the scho ol
district or charter school and vote on whether to uphold the
Department’s determination.
5. If the State Board of Education votes to uphold the State
Department of Education ’s determination, the Board is authorized to
report a school district or charte r school as deficient on the
accreditation report for noncompliance with the provisio ns of this
section. Upon a finding of noncompli ance with the provisions of
subsections B and C of this section by the State Board of Educa tion,
the noncompliant school district or charter school shall receive a
five percent (5%) reduction in state funding for the fiscal year
following the fiscal year of noncompliance.
G. The State Board of Educa tion shall promulgate rules to
implement the provision s of this section.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, b y reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-2-2523 EB 11/21/2023 2:22:08 PM