Req. No. 2577 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 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 2nd Session of the 59th Legislature (2024) SENATE BILL 1981 By: Jett AS INTRODUCED An Act relating to schools; creating the Oklahoma Sexual Education Reform and Parental Rights Protection Act; providing short title ; defining terms; amending 25 O.S. 2021, Section 2003, which relates to the Parents ’ Bill of Rights; requiring written consent to provide certain sex ual education instruction to a student; requiring a school distr ict board of education to adopt procedures to prov ide notification and require written consent prior to providing certain instruc tion; amending 70 O.S. 2021, Section 11-105.1, which relates to sex education curriculum and materials; requiring written consent from a parent or guardian for a student to participate in certain instruction; requiring certain information to be available on a school district ’s website; requiring written notification to include certain information; requiring certain classes or programs to only be taught by a certified teacher; prohibiting certain organizations from leading certain class or program; requiring only certain textbooks and instructional materials to be used in certain class or program; prohibiting the use of certain funds to pur chase textbooks or materials not included on certain list; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Req. No. 2577 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 11-105.2 of Title 70, unless there is created a dupl ication in numbering, reads as follows: A. This act shall be known and may be cited as the “Oklahoma Sexual Education Reform and Parental Rights Protection Act ”. B. As used in this act: 1. “Comprehensive sexual education ” or “sexual risk reduction ” means any educational program that includes, endorses, or promotes any of the following: a. the advocacy of sexual a ctivity outside of marriage, b. the advocacy or promotion of any form of sexual activity that deviates from the understanding of sexual norms within a traditional family structure, c. the provision of information about contraceptive methods without emphasizing their potential risks and failure rates, d. the endorsement or promotion of non-heterosexual orientations as equally valid or preferable to heterosexual orientations, e. the teaching of explicit sexual techniques without a focus on abstinence as the preferred choice , f. the inclusion of materials that may be consid ered obscene or harmful to minors, Req. No. 2577 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 g. the teaching of gender identity and gende r expression outside the binary concept of male and female, without emphasizing the biological basis of sex, h. rights-based, pleasure-based sexual response system, i. teaching of consent and negotiation skills for sexual activity, j. sexually transmitted infections (STIs) presented as normal or common, k. instruction segmented for students of different sexual orientation and gend er identity, l. abortion presented as a safe, repr oductive health care choice and a right, and m. the undermining of the parent relationship, knowledge, and relevancy with students encouraged to seek other help; and 2. “Optimal sexual health education ” or “sexual risk avoidance” means an educational prog ram that emphasizes the following: a. the importance of monogamous, heterosexual relationships within the context of marriage, b. the benefits of abstaining from sexual a ctivity, c. the physical, psychological, and emotional risks and consequences of engag ing in premarital sexual activity, Req. No. 2577 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. the importance of personal responsibility and self- discipline, e. the positive aspects of healthy relationships including communication skills, mu tual respect, and emotional intimacy, f. the development of decision -making skills and setting personal boundaries, g. the understanding of the potential social, emotional, and physical consequences of e arly sexual activity, h. science-based, health-based information about the reproductive system, i. refusal and resistance ski lls for sexual avoidance, j. sexually transmitted infections (STIs) can cause serious health concerns and can and should be avoided, k. information provided and risk avoidance promoted for all students, regardless of sexual orientation or gender identity, l. abortion, if discussed, is presented in the context of state law and physical and emotional risks , and m. parental involvement, communication, and authority are upheld and family values are supported. SECTION 2. AMENDATORY 25 O.S. 2021, Section 2003, is amended to read as follows: Req. No. 2577 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 2003. A. The board of education of a school district, 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 participation in the schools which is designed to improve parent and teacher cooperation in such ar eas 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 supplemental 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 a ctivity or from the cl ass or program in which the material is used. Objection to a learning material or activity on the basis that it is harmful includes objectio n to a material or activity because it questions beli efs or practices in sex, morality, or religion; 4. If a school district offers any sex education curricula pursuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes or pursuant to any rules adopt ed by the State Board of Education, procedures to opt out of a school district from providing sex education require written consent from a parent for a child to participate in comprehensive sexual education or sexual risk Req. No. 2577 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 reduction instruction to a child if the child ’s parent provides written objection to the child ’s participation in the sex education curricula or optimal sexual health education or sexual risk avoidance instruction, as defined in Section 1 of this act ; 5. Procedures by which parents will be notified in advance o f and given the opportunity to withdraw their children from provide written consent for a child to participate in any instruction or presentations regarding sexuality in courses other than formal sex comprehensive sexual education or sexual risk reduction curricula or optimal sexual health edu cation or sexual risk a voidance 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 school curriculum, as well as extracurricular clubs and activities that have been approved by the school; and 7. Procedures by which parents may learn about parental rights and responsibilities und er the laws of this state, including the following: a. the right to opt out of in to a sex comprehensive sexual education or sexual risk reduction curriculum or an optimal sexual health education or sexual risk avoidance curriculum if one such a course or course s is provided by the school district, b. open enrollment rights, Req. No. 2577 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. the right to opt out of assignments pursuant to this section, d. the right to be exempt from the immunization laws of the state pursuant to Section 1210.192 o f Title 70 of the Oklahoma Statutes, e. the promotion requirements prescrib ed in Section 1210.508E of Title 70 of the Oklahoma Statutes, f. the minimum course of study and competency requirements for graduation from high schoo l prescribed in Section 11 -103.6 of Title 70 of the Oklahoma Statutes, g. the right to opt out of instruc tion on the acquired immune deficiency syndrome pursuant to Section 11 - 103.3 of Title 70 of th e Oklahoma Statutes, h. the right to review test results, i. the right to participate i n gifted programs purs uant to Sections 1210.301 through 1210.308 of Title 7 0 of the Oklahoma Statutes, j. the right to inspect instructional materials use d 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, Req. No. 2577 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 l. the attendance requirements prescribed in Section 10 - 106 of Title 70 of the Oklahoma Statutes, m. the right to public review of courses of study and textbooks, n. the right to be excused from sc hool 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 sanction ed by the board of education o f a school district, a nd q. the right to opt out of any data collection ins trument at the district level that would capture data for inclusion in the state longitudinal student 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 information required by this section in an electronic form. C. A parent shall submit a written request for in formation pursuant to this sec tion during regular bu siness hours to either the school principal at the sc hool site or the superintendent of the school district at the office of the school district. Within ten (10) days of receiving the request for information, the school Req. No. 2577 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 principal or the superintendent of the school district shall either deliver the requeste d information to the parent or submit to the parent a written explanation of th e reasons for the denial of the requested information. If the request f or information is denied or the parent does not rece ive the requested information within fifteen (15) days after submitting the request for information, the parent may submit a written request for th e information to the board of education of a school district, which shall formally con sider the request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the board of education of a school district sha ll formally consider the reque st at the next subsequent public meeting of the board. SECTION 3. 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 o r will be used for or in connection with a sex comprehensive sexual education or sexual risk reduction class or program which is designed for the exclusive purpose of discussing sexual behavior or attitudes or an optimal sexual health education or sexual risk avoidance class or program, as defined in Section 1 of this act, or any test, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes shall be available on the school district ’s Req. No. 2577 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 website and through the superintendent or a designee of the sch ool district for inspection by parents and guardians of the student who will be involved with t he 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 its 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 Ok lahoma Statutes. The superintendent or a designee of the school district shall provide prior written notification to the paren ts or guardians of the students involved of their right to inspect the curriculum and material, the right to inspect a detailed outline of the curriculum, and of their obligation to notify the right of parents or guardians to provide the school in writing written consent 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 paren ts and guardian which will ensure effective notice in an efficient and appropriate manner including a reasonable time period for the parent or guardian to review the curriculum . No student shall be required to participate in a sex comprehensive sexual education or sexual risk reduction class or program or an optimal sexual health educa tion or sexual risk avoidance class or progra m which discusses sexual Req. No. 2577 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 behavior or attitudes if a parent or guardian of the student objects in writing to does not provide writ ten 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 paren t or guardian objects in writing does not provide written consent. B. The superintendent or a designee of a school district in which sex a comprehensive sexual education or sexual risk reduction class or program or an optimal sexua l health education or sexual risk avoidance class or program is taught or a program is offered which is designed for the exclusive purpose of discussing sexual behavior or attitudes shall approve all curriculum and materials which will be used for such education and any test, survey or questionnaire whose primary purpose is to elicit re sponses 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 , or surveys offered through an alternative education program. C. A comprehensive sexual education or sexual risk reduction class or program or an optimal sexual health education or sexual Req. No. 2577 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 risk avoidance class or program offered by a school district pursuant to this section shall only be taught by a certified teacher who is employed by the school district. Outside organizations including, but not limited to, county health departments and city - county health departments shall be prohibited from leading such a class or program. D. Only textbooks and other instructional materials included in the list of textbooks selected by the State T extbook Committee pursuant to Section 16 -110 of this title shall be used in a comprehensive sexual education or sexual risk reduction class or program or an optimal sexual health education or sexual risk avoidance class or program offered pursuant to this section. A school district shall be prohibited from using state fu nds to purchase textbooks or other instructional materials not included in the list of textbooks selected by the State Textbook Committee. SECTION 4. This act shall become effective July 1, 2024. SECTION 5. It being immediately necessary for the preservation 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. 59-2-2577 EB 1/18/2024 2:03:31 PM