Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1981 Latest Draft

Bill / Introduced Version Filed 01/18/2024

                             
 
 
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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:   
 
 
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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,   
 
 
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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,   
 
 
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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:   
 
 
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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   
 
 
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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,   
 
 
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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,   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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