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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 131 By: Rogers
AS INTRODUCED
An Act relating to schools; amending 25 O.S. 2021,
Sections 2001, 2002, 2003, and 2004, which relate to
the Parents’ Bill of Rights; allowing a parent to
file certain civil a ction; clarifying right to direct
the education of certain child; requiring written
consent for certain decisions; prohibiting the
withholding of certain information; m odifying certain
rights regarding consent for sex e ducation
instruction and certain other instruction; providing
for withdrawal of certain child from certain clubs or
activities; requiring certain consent to dispense
prescription drugs to certain minor; amending 70 O.S.
2021, Section 11-105.1, which relates to sex
education curriculum and mate rials; requiring certain
written consent for a child to participate in certain
instruction or activities; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is
amended to read as follows:
Section 2001. A. This act shall be known and may be cited as
the “Parents’ Bill of Rights”.
B. This state, any political subdivision of this state, or any
other governmental entity shall not infringe on the fundamental
right of parents to direct the upbring ing, education, health care ,
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and mental health of their children without demonstrati ng that the
compelling governmental interest as app lied to the child involved is
of the highest order, is narrowly t ailored, and is not otherwise
served by a less restricti ve means.
C. As used in the Parents ’ Bill of Rights, “parent” means the
natural or adoptive parent or legal guardian of a minor child.
D. A parent may file a civil a ction against a person or
governmental entity in district court for a violation of this act.
The court may grant injunctive relief, monetary damages, court
costs, and reasonable attorney fees.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. All parental rights are reserved to a parent
of a minor child without obstruction or interference from this
state, any political subdivision of this state, any other
governmental entity, or any other institution , including, but not
limited to, the following rights:
1. The right to direct the education of the minor ch ild
including the right to choose public, priv ate, religious, or other
means of education and the right to make reasonable choices within
public schools for the education of his or her child;
2. All rights of parents iden tified in Title 70 of the Oklahoma
Statutes, including the right to access and r eview all school
records relating to the minor child;
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3. The right to direct the upbringing of the minor child;
4. The right to direct the moral or religious training of the
minor child;
5. The right to make and consent in writing to all physical and
mental healthcare decisions for the minor child, unle ss otherwise
prohibited by law;
6. The right to access and review all medical records of the
minor child unless otherwise pr ohibited by law or the parent is the
subject of an investigation of a crime comm itted against the minor
child and a law enforcement official requests that the information
not be released;
7. The right to consent in writing before a biometric scan of
the minor child is made, shared, or stored;
8. The right to consent in writing befor e any record of the
minor child’s blood or deoxyribonucleic acid (DNA) is created,
stored, or shared, except as required by Sections 1 -516 and 1-524.1
of Title 63 of the Oklaho ma Statutes, or unless authorized pursu ant
to a court order;
9. The right to consent in writing before the state or any of
its political subdivisions makes a video or voice reco rding of the
minor child, unless the video or voice recording is made during o r
as a part of a court proceeding, by l aw enforcement officers during
or as part of a law enforcement investigation, during or as p art of
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a forensic interview in a criminal or De partment of Human Services
investigation, or to be used solely for any of the following:
a. safety demonstrations , including the maintenance of
order and discipline in the common areas of a school
or on student transportation vehicles,
b. a purpose related to a legitimate academic or
extracurricular activity,
c. a purpose related to regular classroom instruction,
d. security or surveillance of buildings or grou nds, and
e. a photo identification card; and
10. The right to be notified promptly if an employee of this
state, any political subdivision of this state, any other
governmental entity, or any other institution susp ects that a
criminal offense has been com mitted against the minor child by
someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would
impede a law enforcement or Department of Human Serv ices
investigation. This The provisions of this paragraph does shall not
create any new obligation for school districts and charter schools
to report misconduct between students at school, such as fighting or
aggressive play, that is routinely addressed a s a student
disciplinary matter by the sc hool.
B. This The provisions of this section does shall not authorize
or allow a parent to engage in conduct that is unlawful or to abuse
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or neglect a child in violation of the laws of this state. This The
provisions of this section shall not be construe d to apply to a
parental action or decision that wo uld end life. This The
provisions of this section does shall not prohibit courts, law
enforcement officers , or employees of a government agency
responsible for child welfare from acting in their official capacity
within the reasonable and prudent scope of their authority. This
The provisions of this section does shall not prohibit a court from
issuing an order that is otherwis e permitted by law.
C. Any attempt to withhold information that is relevant to the
physical, emotional, or mental health of a minor child or to
encourage or coerce a min or child to withhold information from the
child’s parent shall be grounds for discipli ne of an employee of
this state, any political subdivision of this state , or any other
governmental entity, except for law enforcem ent personnel.
D. Unless those rights h ave been legally waived or legally
terminated, parents have inalienable rights that a re more
comprehensive than those listed in this section. The Parents ’ Bill
of Rights does not prescribe all rights of parents. Un less
otherwise required by law, the righ ts of parents of minor children
shall not be limited or denied. The Parents ’ Bill of Rights shall
not be construed to apply to a parental action or decision that
would end life.
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SECTION 3. AMENDATORY 25 O.S. 2021, Section 2003, is
amended to read as follows:
Section 2003. A. The board of education of a school d istrict,
in consultation with parents, teachers, and administrators, shall
develop and adopt a policy to promote the invo lvement of parents and
guardians of children enrolled in the schools within the school
district, including:
1. A plan for parent parti cipation in the schools which is
designed to improve parent and teacher cooperat ion in such areas as
homework, attendance , and discipline;
2. Procedures by which parents may learn about the course of
study for their children and review learning materials , including
the source of any supplement al educational materials;
3. Procedures by which parents who object to any learnin g
material or activity on the basis that it is harmful may withdraw
their children from the activity or from the class or program in
which the material is used. Objection t o a learning material or
activity on the basis that it is harmful includes objectio n to a
material or activity because it questions beliefs or practices in
sex, morality, or religion;
4. If a school district offers a ny sex education curricula
pursuant to Section 11-105.1 of Title 70 of the Oklah oma Statutes or
pursuant to any rules adopt ed by the State Board of Education,
procedures to opt out of a school district from providing require
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written consent from a parent f or a child to participate in sex
education instruction to a child if the child ’s parent provides
written objection to the child ’s participation in the sex education
curricula;
5. Procedures by which parents will be notified in advance of
and given the opportunity to withdraw their children fro m provide
written consent for a child to participate in any instruction or
presentations regarding sexuality that have the goal or purpose of
studying, exploring, or informing students about gender r oles or
stereotypes, gender identity, gender expression, s exual orientation,
or romantic or sexual relationships in courses other than formal sex
education curricula pursuant to Section 11 -105.1 of Title 70 of the
Oklahoma Statutes;
6. Procedures by which parents may learn about the nature and
purpose of clubs and activities that are part of the schoo l
curriculum, as well as extracurricular clubs and activities that
have been approved by the school , and procedures by which parents
may withdraw their child from any club or activity to which the
parents object; and
7. Procedures by which parents may lea rn about parental rights
and responsibilities under the laws of this state, including the
following:
a. the right to opt out of a sex education curriculum if
one is provided by the school district,
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b. open enrollment rights,
c. the right to opt out of assi gnments pursuant to this
section,
d. the right to be exempt from the immunization laws of
the this state pursuant to Section 1210.192 of Title
70 of the Oklahoma Statutes,
e. the promotion requirements prescribed in Section
1210.508E of Title 70 of the Okl ahoma Statutes,
f. the minimum course of study and competency
requirements for graduation from high school
prescribed in Section 11 -103.6 of Title 70 of the
Oklahoma Statutes,
g. the right to opt out of instruction o n the acquired
immune deficiency syndrom e pursuant to Section 11 -
103.3 of Title 70 of the O klahoma Statutes,
h. the right to review test results,
i. the right to participate in gifted programs pursuant
to Sections 1210.301 through 1210.308 of Title 70 of
the Oklahoma Statutes,
j. the right to inspect instructional materials used in
connection with any research or experimentation
program or project pursuant to Section 11 -106 of Title
70 of the Oklahoma Statutes,
k. the right to receive a school report card,
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l. the attendance requirements prescribe d in Section 10-
106 of Title 70 of the Oklahoma Sta tutes,
m. the right to public review of courses of study and
textbooks,
n. the right to be excused from school attendance for
religious purposes,
o. policies related to parental involvement pursuant to
this section,
p. the right to participate in parent -teacher
associations and organizations that are sanctioned by
the board of education of a school district, and
q. the right to opt out of any data collection instrumen t
at the district level that would captu re data for
inclusion in the state longitudinal stu dent data
system except what is necessary and essential for
establishing a student ’s public school record.
B. The board of education of a school district may adopt a
policy to provide to parents the infor mation required by this
section in an electronic fo rm.
C. A parent shall submit a written request for information
pursuant to this section during regular business hours to eith er the
school principal at the school s ite or the superintendent of the
school district at the office of the school district. Wit hin ten
(10) days of receiving the request for information, the school
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principal or the superintendent of the school district shall either
deliver the requested info rmation to the parent or submit to the
parent a written explanation of the reasons for the denial of the
requested information. If the request for information is denied or
the parent does not receive the requested in formation within fifteen
(15) days after submitting the request for information , the parent
may submit a written request for the i nformation to the board of
education of a school district, which shall formally consider the
request at the next scheduled pub lic meeting of the board if the
request can be properly noticed on the agenda. If the request
cannot be properly noticed on the a genda, the board of education of
a school district shall formally consider the request at the next
subsequent public meeting o f the board.
SECTION 4. AMENDATORY 25 O.S. 2021, Sect ion 2004, is
amended to read as follows:
Section 2004. A. Except as otherwise provided by law, no
person, corporation, association, organization, state -supported
institution, or individual employed by any of these entities may
procure, solicit to perform , arrange for the performance of, perform
surgical procedures, or perform a physical examination upon a minor
or prescribe or dispense any prescription drugs to a minor without
first obtaining a written consent of a parent or legal guardian of
the minor. Provided, however, that if written consent is provi ded
to a school district for assessment or treatment, such consent shall
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be effective for the school year for which it is grant ed and shall
be renewed each subsequen t school year. If an assessment or
treatment is performed through telemedicine at a school site and if
consent has been provided by the parent and is currently effective,
the health professional shall not be required to verify that the
parent is at the site.
B. Except as otherwise provided by law, no hospital as defined
in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
surgical procedures to be performed upon a minor in its facilities
without first having received a written consent from a p arent or
legal guardian of the minor.
C. The provisions of this section shall not apply wh en it has
been determined by a physician that an emergency exists and that it
is necessary to perform such surgical procedures for the treatment
of an injury, illnes s, or drug abuse, or to save the life of the
patient, or when such parent or other adult au thorized by law to
consent on behalf of a minor cannot be located or contacted after a
reasonably diligent effort.
D. The provisions of this section shall not apply to an
abortion, which shall be governed by the provisions of Sections 1 -
740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63
of the Oklahoma Statutes or any successor statute.
E. A person who violates a provision of this section is guilty
of a misdemeanor, punishable by a fine of not more than One Thousand
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Dollars ($1,000.00) or imprisonment of not more than one (1) year in
the county jail, or by both such fine and imprisonment.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 11-105.1, is
amended to read as f ollows:
Section 11-105.1. A. All curriculum and m aterials including
supplementary materials 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 purpose of discussing s exual behavior or
attitudes,; or any test, survey, or questionnaire whose primary
purpose is to elicit responses on sexual behavior or attitudes shall
be available through the superintendent or a designee of the sch ool
district for inspection by parents an d guardians of the student who
will be involved wit h the class, program or, test, survey, or
questionnaire. Such curriculum, materials, classes, programs,
tests, surveys, or questionnaires shall include information about
consent and shall have as one of i ts 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 provided by Section 113 of Title 21 of the Oklahoma Statutes.
The superintendent o r 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 noti fy the parents or guardians
shall provide the school in writing written consent if they do not
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want their child to participate in the class, program, test, survey ,
or questionnaire. Each local board of education shall determine the
means of providing writ ten notification to the parents and guar dian
which will ensure effective notice in an effic ient and appropriate
manner. No student shall be required to participate in a sex
education class or program which dis cusses sexual behavior or
attitudes if a paren t or guardian of the student objects in writing
to does not provide written consent for 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
participate in the program if a parent or guardian objects in
writing does not provide written consent .
B. The superintendent or a designee of a schoo l district in
which sex education is taught or a program is offered which is
designed for the exclusive purpose of discussing sexual beha vior or
attitudes shall approve all cu rriculum and materials which will 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 their its use in the classroom
or school. The teacher i nvolved in the class, program, testing
test, or survey shall submit the curricul um, materials, tests, or
surveys to the superi ntendent or a designee for approval prior to
their use in the classroom or school. Thi s section shall not apply
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to those students enroll ed in classes, programs, testings tests, or
surveys offered through an alt ernative education program.
SECTION 6. This act shall become eff ective July 1, 2023.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from an d after its passage and approval.
59-1-204 EB 1/4/2023 1:36:25 PM