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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1388 By: Hasenbeck
COMMITTEE SUBSTITUTE
An Act relating to schools; enacting the Protecting
Oklahoma's Children on Social Media Act of 202 5;
defining terms; imposing certain duties on the State
Department of Education; prescribing content for
comprehensive character education program; requiring
employee workshops; requiring programs related to
online safety; prescribing required content;
providing for updates; requiring information to be
available on website; providing for online safety
programs at school district; requiring certain
acceptable use policies; prescribing required content
for acceptable use policies; providing for authorized
content; requiring implementation of acceptable use
policy; requiring certain technology protection
measures; prescribing procedures for technology
protection measures requiring training for employees;
prescribing procedures for approval of policy;
providing for review; providing for revision of
policy; authorizing withholding of certain funding;
providing for investigations; providing method for
correction of violations; requiring adoption of
social media policy; prescribing required content of
policy; providing for implementation and enforcement
of social media policy; requiring compliance review;
prescribing procedures for corrections and revisions;
prescribing procedures for noncompliance; authorizing
corrective actions; requiring adoption of policy with
respect to bullying; prescribing required content;
providing for notifications; providing for evaluation
of policy; requiring State Department of Education to
develop model policy; providing for required content
of policy; requiring posting of certain inform ation;
providing for civil immunity; providing for
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ineligibility for state funding; imposing duties on
social media account service providers; providing for
express consent; prohibiting opening of certain
accounts; requiring social media service providers to
prohibit certain actions; authorizing enforcement of
provisions by Attorney General; eliminating private
right of action; authorizing damages; prescribing
procedures for notice; prohibiting certain provisions
in contracts, statements or terms of conditi on;
requiring certain entities to implement age
verification process; providing for reasonable age
verification methods; providing for liability based
on violation of requirements; providing for fines;
prohibiting retention of certain information;
providing exceptions for certain information methods;
providing for codification; providing an effective
date; and declaring 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 Statutes as Section 29 -101 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Protecting
Oklahoma's Children on Social Media Act of 2025 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -102 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Acceptable-use policy" means a policy for Internet usage
Internet use adopted by a local board of education or appropriate
school governing body that meets the requirements of this section;
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2. "Account holder" means a person who is a resident of this
state and has an acco unt or profile to use a social media platform,
including a minor account holder;
3. "Bullying" means an act that is:
a. any willful attempt or threat to inflict injury on
another person, when accompanied by an apparent
present ability to do so ,
b. any intentional display of force such as would give
the victim reason to fear or expect immediate bodily
harm, or
c. any intentional written, verbal, or physical act which
a reasonable person would perceive as being intended
to threaten, harass, or intimidate, th at:
(1) causes another person substantial physical harm
or visible bodily harm ,
(2) has the effect of substantially interfering with
a student's education or otherwise substantially
infringing upon the rights of a student ,
(3) is so severe, persistent, or pervasive that it
creates an intimidating or threatening
educational environment , or
(4) has the effect of substantially disrupting the
orderly operation of the school.
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d. except as provided in subparagraph ( e) of this
paragraph, such the term applies to a cts which occur
on school property, on school vehicles, at designated
school bus stops, or at school related functions or
activities, including, but not limited to,
extracurricular activities, or by use of data or
software that is accessed through a comput er, computer
system, computer network, or other electronic
technology of a local school system.
e. such term includes acts of cyberbullying that
originate on school property or involve the use of
school equipment, including, but not limited to, acts
that occur within a school sponsored online activity ;
4. "Cyberbullying" means bullying that involves the use of
electronic communication, including, but not limited to,
communication devices and services, including, but not limited to,
cellular telephones, cam eras, computers, social media platforms,
text messages, chat platforms, and Internet sites;
5. "Child pornography" means any visual depiction, including
any live performance, photograph, film, video, picture, or computer
or computer generated image or pic ture, whether made or produced by
electronic, mechanical, or other means, of sexually explicit conduct
when:
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a. the production of the visual depiction involves a
minor engaging in sexually explicit conduct ,
b. the visual depiction is of a minor engaging in
sexually explicit conduct , or
c. the visual depiction has been created, adapted, or
modified to appear that an identifiable minor is
engaging in sexually explicit conduct;
6. "Commercial entity" means a corporation, limited liability
company, partnership , limited partnership, sole proprietorship, or
other legally recognized entity;
7. "Digitized identification card " means a data file available
on a mobile device with connectivity to the Internet that contains
all of the data elements visible on the face and back of a driver 's
license or identification card and displays the current status of
the driver's license or identification card as being valid, expired,
cancelled, suspended, revoked, active, or inactive;
8. "Distribute" means to issue, sell, give, p rovide, deliver,
transfer, transmute, circulate, or disseminate by any means;
9. "Educational entity" means:
a. a public elementary or secondary school ,
b. a private elementary or secondary school ,
c. an institution within The Oklahoma State System of
Higher Education,
d. a career-technology school district , or
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e. an independent or private college or university;
10. "Electronic communication " means, but is not limited to,
any transfer of signs, signals, writings, images, sounds, data, or
intelligence of any nature transmitted in whole or in part by a
wire, radio, electromagnetic, photoelectronic, or photo -optical
system. Such term shall include photographs and video and audio
recordings;
11. "Harmful to minors" means that quality of description or
representation, in whatever form, of nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse, when:
a. taken as a whole, it predominantly appeals to the
prurient, shameful, or morbid interest of minors ,
b. it is patently offensive to prevailing standa rds in
the adult community as a whole with respect to what is
suitable material for minors , and
c. taken as a whole, it is lacking in serious literary,
artistic, political, or scientific value for minors;
12. "Identifiable minor" means a person:
a. (1) who was a minor at the time the visual depiction
was created, adapted, or modified , or
(2) whose image as a minor was used in creating,
adapting, or modifying the visual depiction , and
b. who is recognizable as an actual person by such
person's face, likeness, or other distinguishing
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physical characteristic or other recognizable physical
feature;
13. "Internet" means the global information system that is
logically linked together by a globally unique address space based
on the Internet protocol or its subseq uent extensions that is able
to support unencrypted communications using the transmission control
protocol/Internet protocol (TCP/IP) suite, its subsequent
extensions, or other Internet protocol compatible protocols and that
provides, uses, or makes access ible, either publicly or privately,
high level services layered on such communications and related
infrastructure;
14. "Local governing body " means the board of education of each
local school system, the governing body of each charter school and
the governing board of each completion special school. Such term
shall not include system charter schools , conversion charter
schools, whose charter is not held by a nonprofit corporation; and
college and career academies that are charter schools;
15. "Material harmful to minors" means:
a. any material that the average person, applying
contemporary community standards, would find, taking
the material as a whole and with respect to minors, is
designed to appeal to, or is designed to pander to,
prurient interest,
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b. any of the following materials that exploit, are
devoted to, or principally consist of descriptions of
actual, simulated, or animated displays or depictions
of any of the following, in a manner patently
offensive with respect to minors:
(1) nipple of the female breast, pubic hair, anus,
vulva, or genitals,
(2) touching, caressing, or fondling of nipples,
breasts, buttocks, the anus, or genitals, or
(3) any sexual act, including, but not limited to,
sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation,
excretory functions, and exhibitions of sexual
acts, or
c. the material taken as a whole lacks serious literary,
artistic, political, or scientific value for minors;
16. "Minor" means any individual under the age of eighteen (18 )
years;
17. "Minor account holder " means an account holder who is a
minor;
18. "News-gathering organization " means:
a. an employee of a newspaper, news publication, or news
source, printed or published on an online or mobile
platform, while operating as an employee of a news -
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gathering organization who can provide documentation
of employment with the newspaper, news publication, or
news source, or
b. an employee of a radio broadcast station, television
broadcast station, cable television operator, or wire
service while operating as an employee of a news -
gathering organization who can provide documentation
of employment;
19. "Obscene" means material that:
a. to the average person, applying contemporary community
standards, taken as a whole, it predominantl y appeals
to the prurient interest, that is, a shameful or
morbid interest in nudity, sex, or excretion ,
b. the material taken as a whole lacks serious literary,
artistic, political, or scientific value , and
c. the material depicts or describes, in a paten tly
offensive way, sexual conduct specifically defined in
divisions (1) through (5) of this subparagraph:
(1) acts of sexual intercourse, heterosexual or
homosexual, normal or perverted, actual or
simulated,
(2) acts of masturbation,
(3) acts involving excretory functions or lewd
exhibition of the genitals ,
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(4) acts of bestiality or the fondling of sex organs
of animals, or
(5) sexual acts of flagellation, torture, or other
violence indicating a sadomasochistic sexual
relationship;
20. "Obscene material" means material which meets the following
requirements:
a. to the average person, applying contemporary community
standards, taken as a whole, the material
predominantly appeals or panders to prurient interest
in nudity, sex, or excretion ,
b. the material, taken as a whole, lacks serious
literary, artistic, political, or scientific value ,
and
c. the material depicts or describes in a patently
offensive way sexual conduct as follows:
(1) acts of sexual intercourse, heterosexual or
homosexual, normal or pervert ed, actual or
simulated,
(2) acts of masturbation,
(3) acts involving excretory functions or lewd
exhibition of the genitals ,
(4) acts of bestiality or the fondling of sex organs
of animals, or
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(5) sexual acts of flagellation, torture, or other
violence indicating a sadomasochistic sexual
relationship;
21. "Parent" means a person who has legal authority to act on
behalf of a minor child as a natural or adoptive parent or a legal
guardian;
22. "Post" means content that an account holder makes available
on a social media platform for other account holders or users to
view or listen to, including text, images, audio, and video;
23. "Publish" means to communicate or make information
available to another person or entity on a public website;
24. "Reasonable age verification" means to confirm that a
person seeking to access published material that may have a
substantial portion of material that is harmful to minors is at
least eighteen (18) years of age;
25. "School equipment" means any computer or computer
networking equipment, technology or technology -related device or
service, or communication system or service that is operated, owned,
leased, and made available to students by a local board of
education, local school system, or public school and that is used
for transmitting, receiving, accessing, viewing, hearing,
downloading, recording, or storing electronic communication;
26. "Social media platform " means an online forum that allows
an account holder to create a profile, upload posts, view and listen
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to posts, form mutual connections, and interact publicly and
privately with other account holders and users. Such term shall not
include an online service, website, or application where the
predominant or exclusive function is any of the following:
a. email,
b. a service that, pursuant to its terms of use, does not
permit minors to use the platform and utilizes
commercially reasonable age assurance mechanisms to
deter minors from becoming account holders,
c. a streaming service that provides only licensed media
that is not user generated in a continuous flow from
the service, website, or application to the end user
and does not obtain a license to the media from a user
or account holder by agreement to its terms of
service,
d. news, sports, entertainment, or oth er content that is
preselected by the provider and not user generated,
and any chat, comment, or interactive functionality
that is provided incidental to or directly or
indirectly related to such content,
e. online shopping or ecommerce, if the interaction with
other users or account holders is generally limited to
the ability to upload a post and comment on reviews,
the ability to display lists or collections of goods
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for sale or wish lists, and other functions that are
focused on online shopping or ecomme rce rather than
interaction between users or account holders,
f. interactive gaming, virtual gaming, or an online
service, website, or application that allows the
creation and uploading of content for the purpose of
interactive gaming, educational entertai nment, or
associated entertainment, and communications related
to that content,
g. photograph editing that has an associated photograph
hosting service if the interaction with other users or
account holders is generally limited to liking or
commenting,
h. single-purpose community groups for public safety if
the interaction with other users or account holders is
limited to that single purpose and the community group
has guidelines or policies against illegal content,
i. business-to-business software,
j. teleconferencing or videoconferencing services that
allow reception and transmission of audio and video
signals for real-time communication,
k. cloud storage,
l. shared document collaboration,
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m. cloud computing services, which may include cloud
storage and shared document collaboration,
n. providing access to or interacting with data
visualization platforms, libraries, or hubs,
o. permitting comments on a digital news website if the
news content is posted only by the provider of the
digital news website,
p. providing or obtaining technical support for a
platform, product, or service,
q. academic, scholarly, or genealogical research where
the majority of the content is created or posted by
the provider of the online service, website, or
application and the abili ty to chat, comment, or
interact with other users is directly related to the
provider's content,
r. Internet access and broadband service,
s. a classified advertising service in which the provider
of the online service, website, or application is
limited to all of the following:
(1) permitting only the sale of goods,
(2) prohibiting the solicitation of personal
services,
(3) posting or creating a substantial amount of the
content, and
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(4) providing the ability to chat, comment, or
interact with other users only if it is directly
related to the provider 's content,
t. an online service, website, or application that is
used by or under the direction of an educational
entity, including a learning management system,
student engagement program, or subject - or skill-
specific program, where the majority of the content is
created or posted by the provider of the online
service, website, or application and the ability to
chat, comment, or interact with other users is
directly related to the provider 's content,
u. peer-to-peer payments, provided that interactions
among users or account holders are generally limited
to the ability to send, receive, or request funds;
like or comment on such transactions; or other
functions related to sending, receiving, requesting,
or settling payments among users or account holders,
or
v. career development opportunities, including
professional networking, job skills, learning
certifications, and job posting and application
services;
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27. "Substantial portion" means more than thirty-three and one-
third percent (33 1/3%) of total material on a public website which
meets the definition of material that is harmful to minors as
defined in this section;
28. "Technology protection measure " means a technology that
inspects and analyzes unencrypte d Internet traffic for malware and
that blocks or filters electronic access to obscene materials, child
pornography, or material that is harmful to minors;
29. "Transmit" means to send or broadcast an electronic
communication; and
30. "User" means a person who has access to view all or some of
the posts on a social media platform, but who is not an account
holder.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -103 of Title 70, unless t here
is created a duplication in numbering, reads as follows:
A. The State Department of Education shall develop by the start
of the 2025-2026 school year a comprehensive character education
program for levels K -12. This comprehensive character education
program shall be known as the "character curriculum " and shall focus
on the students' development of the following character traits:
courage, patriotism, citizenship, honesty, fairness, respect for
others, kindness, cooperation, self -respect, self-control, courtesy,
compassion, tolerance, diligence, generosity, punctuality,
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cleanliness, cheerfulness, school pride, respect for the
environment, respect for the creator, patience, creativity,
sportsmanship, loyalty, perseverance, and virtue. Such program
shall also address, by the start of the 2025 -2026 school year,
methods of discouraging bullying and violent acts against fellow
students and methods of promoting responsible digital citizenship
and the safe and appropriate use of technology, the Internet, and
social media. Local governing bodies shall implement such a program
in all grade levels at the beginning of the 2025 -2026 school year
and shall provide opportunities for parental involvement in
establishing expected outcomes of the character education
program.
B. The Department of Education shall develop character
education program workshops designed for public school employees.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -104 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. 1. The Department of Education shall develop model programs
for educating students regarding online safety while using the
Internet, taking into consideration educational ma terials on this
topic developed by other states as well as any other materials
suggested by education experts, child psychologists, and technology
companies that promote child online safety issues.
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2. The model programs provided for in this section shall
include one or more model programs for students in grades six
through twelve which:
a. shall include instruction regarding:
(1) the social, emotional, and physical effects of
social media on users ,
(2) the effects of social media on the mental health
of users, particularly teenagers ,
(3) the distribution of disinformation and
misinformation on social media ,
(4) how social media influences thoughts and
behaviors,
(5) the permanency and risks of sharing materials
online,
(6) how to maintain personal security and identify
cyberbullying, predatory behavior, and human
trafficking on the Internet and social media , and
(7) how to report suspicious behavior encountered on
the Internet and social media to appropriate
persons and authorities , and
b. may include information regarding the benefits of
social media use, such as supporting career readiness
for future academic or employment opportunities,
sharing information with familiar family and friends,
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and safely connecting with other users with similar
interests.
C. The Department of Education shall periodically update the
model programs provided for in this section to reflect changes in
Internet and social media use, emergent technologies, social and
psychological research, and information concerning new threats to
teenagers and young adults using social media platforms and other
online communication technologies.
D. The Department of Education shall publish on its website
information relating to the model programs provided for in this
section, including recommended curricula and instructional materials
as updated periodically as provided in this section. The Department
of Education shall provide technical assistance in addition to such
model programs and recommended curricula and instructional materials
to aid any local board of education that may elect to incorporate
one or more components of Internet and social media safety into its
instructional program .
E. Each local board of education may incorporate into its
instructional program a component on online Internet safety,
including social media safety, to be taught on a schedule as
determined by the local board of education.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -105 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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A. No later than October 1, 2025, each local governing body
shall adopt an acceptable -use policy for its school system. At a
minimum, an acceptable -use policy shall contain provisions which a re
reasonably designed to:
1. Prevent and prohibit any school equipment from being used
for accessing, sending, receiving, viewing, or downloading obscene
materials, child pornography, or material that is harmful to minors;
2. Establish appropriate measu res to be taken by the school or
local school system in response to:
a. students and school employees who intentionally
violate the acceptable -use policy, whether or not such
student or school employee was, at the time of such
violation, on school property , on a school bus or
other school vehicle, at a school -related function, or
elsewhere, provided that such measures include
disciplinary measures , and
b. any person who is not a student or school employee who
violates the acceptable -use policy, whether or n ot
such person was, at the time of such violation, on
school property, on a school bus or other school
vehicle, at a school related function, or elsewhere;
3. Provide for administrative procedures to enforce the
acceptable-use policy;
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4. Provide for administrative procedures to address complaints
regarding possible violations of the acceptable -use policy which, at
a minimum, require that each complaint is responded to in writing by
an appropriate school or local school system official; and
5. Provide for expedited review and resolution of a claim that
the application of the acceptable -use policy is denying a student or
school employee access to material that is not within the
prohibitions of the acceptable -use policy.
B. The acceptable-use policy provided for in subsection A of
this section may include terms, conditions, and requirements deemed
appropriate by the local governing body to differentiate acceptable
uses among elementary, middle, and high school students and among
different age groups; provide d, however, that any local governing
body that authorizes such differentiation shall articulate in its
acceptable-use policy the rationale for each method of
differentiation included in such acceptable -use policy.
C. Each local governing body shall provid e reasonable
opportunities and procedures for parents or guardians of current
students to confer and collaborate with school administrators and
teachers regarding appropriate Internet access for such students.
D. Each local governing body and local school superintendent
shall take such steps as are necessary and appropriate to implement
and enforce the acceptable -use policy, which shall include, but
shall not be limited to, providing for the adoption, use, and
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routine upgrading of technology protection mea sures which meet or
exceed compliance standards and specifications established by the
Department.
E. Each school and local school system shall provide, upon
written request of a parent or guardian, a copy of the acceptable -
use policy adopted pursuant to s ubsection B of this section and
information regarding the administrative procedures in effect to
enforce such acceptable -use policy and to address complaints about
such enforcement.
SECTION 6. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 29 -106 of Title 70, unless there
is created a duplication in numbering, reads as follows:
Beginning with the 2025 -2026 school year and each school year
thereafter, by April 1, the Department shall establish complian ce
standards and specifications for technology protection measures to
be used by schools and local school systems. To the extent
practicable, such compliance standards and specifications for
technology protection measures shall include measures and contro ls
for parents or guardians of current students to supervise and manage
appropriate Internet access by such students who are using a school
issued computer or other electronic device while not on school
property, not on a school bus or other school vehicle , or not at a
school related function.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -107 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. In addition to establishing such compliance standards and
specifications, the Department shall recommend technology protection
measures to be installed by schools and local school systems on each
computer or other electronic device issued to students for off -
campus use.
B. The Department is authorized, in collaboration with the
Department of Administrative Services, to identify a nonexclusive
list of providers of technology protection measures that meet or
exceed such standards and specifications; provided, howeve r, that
the Department shall no less than annually require each such
provider to verify that the technology protection measures it
provides meet or exceed such standards and specifications. The
Department is authorized to provide information to schools an d local
school systems regarding state contracts with such providers of
technology protection measures. The Department shall prioritize the
identification of providers of technology protection measures that
include parental measures and controls as provid ed for in Section 6
of this act.
C. The Department shall provide guidance and technical
assistance to assist schools and local school systems in complying
with the requirements of Section 6 of this act .
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D. No later than December 1, 2025, the Department shall develop
guidelines for the training of school personnel. The training
guidelines shall include instruction in:
1. Implementing and complying with acceptable -use policies
required by Section 6 of this act ;
2. Basic cybersecurity issues pertinent to schools, students,
and educators, including, but not limited to, phishing and
multifactor authentication; and
3. Other current and emerging issues and topics which address
the safe and secure use of technology by students and educators.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -108 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Beginning with the 2025 -2026 school year and each school
year thereafter, by October 15, each local governing body shall
submit a copy of the acceptable -use policy adopted pursuant to
Section 5 of this act to the State Board of Education. Such
submission shall also include the identification of the technology
protection measures that are being used to block access to material
in accordance with subsection D of Section 5 of this act.
B. The State Board of Education shall review each acceptable -
use policy and technology protection measure and any subsequent
revisions submitted pursuant to subsection C of this section. If
the State Board determines after review that a policy, technology
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protection measure, or revision is not reasonably designed to
achieve the requirements of this section, the State Board shall
provide written notice to the local governing body explaining the
nature of such noncompliance, and the local board of education
governing body shall have thirty (30) days from the receipt of
written notice to correct such noncompliance. The State Board may
provide an extension to the thirty-day period on a showing of good
cause.
C. No revision of an acceptable -use policy submission which has
been approved by the State Board pursuant to subsection B of this
section shall be implemented until such revision is approved by the
State Board. If the State Board fails to disapprove the revision
within sixty (60) days after the submission is received, the local
governing body may proceed with the implementation of the revision.
D. The State Board shall be authorized to with hold a portion of
the state funding allotment for a school or to a local school system
if the local board of education that:
1. Fails to timely submit an acceptable -use policy or
technology protection measure in accordance with the requirements of
this section;
2. Submits an acceptable -use policy that is not reasonably
designed to achieve the requirements of this section; or
3. Is not enforcing or is substantially disregarding its
acceptable-use policy;
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4. Is using technology protection measures which d o not meet or
exceed standards and specifications established by the Department to
block access to material in accordance with subsection D of Section
5 of this act; or
5. Is not using any technology protection measures to block
access to material in accor dance with subsection D of this section.
E. If the State Board disapproves an acceptable -use policy of a
local board of education or any revision thereof or notifies the a
local governing body that it is subject to the withholding of
funding pursuant to s ubsection D of this section, the local
governing body may appeal the decision to the superior court of the
county where the local governing body is situated.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29-109 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The State Board shall be responsible for conducting
investigations and making written determinations as to whether a
local governing body has vio lated the requirements of this section.
If the State Board determines that a local governing body is in
violation of the requirements of this section, it shall direct the
local governing body to acknowledge and correct the violation within
thirty (30) days and to develop a corrective plan for preventing
future recurrences.
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B. Notwithstanding any other provision of this section to the
contrary, an administrator or supervisor of a school or local school
system, or designee thereof, may disable the software p rogram or
online server that is being utilized technology protection measure
that is being used to block access to material or take other
reasonable steps for an adult or for a minor who provides written
consent from his or her parent or guardian to enable access to the
Internet for bona fide research or other lawful purpose.
C. Nothing in subsection B of this section shall be construed
to permit any person to have access to material the character of
which is illegal under federal or state law.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -110 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No later than April 1, 2026, each local governing body sha ll
adopt a social media policy which shall:
1. a. except as provided in subparagraph b of this
paragraph, prohibit students from accessing social
media platforms through the use of computer equipment,
communications services, or Internet access that is
operated, owned, leased, and made available to
students by the local governing body, the school
system, or a public school ,
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b. to the extent authorized by such social media policy,
students shall be permitted to access social media
platforms only:
(1) as directed by school personnel ,
(2) for the exclusive purpose of accessing and
utilizing age-appropriate educational resources ,
(3) under the supervision of such school personnel ,
and
(4) during the course of a school related activity;
2. Establish appropriate measures to be taken when a student
violates such policy; and
3. Establish procedures for parents and legal guardians to:
a. request information from school personnel about what
social media platforms have been or are intended to be
accessed as provided i n subparagraph b of paragraph 1
of this subsection, and
b. prohibit their child from accessing one or more social
media platforms as provided in subparagraph b of
paragraph 1 of this subsection.
B. A local governing body shall take such steps as it deems
appropriate to implement and enforce its social media policy, which
shall include, but shall not be limited to:
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1. Use of software programs and other technologies reasonably
designed and intended to block and monitor access to social media
platforms; and
2. Selection of online servers that block and monitor access to
social media platforms.
C. Each local school system or public school shall publish on
its website a copy of the social media policy adopted pursuant to
this section and shall provide a paper copy of such upon written
request of a parent or guardian of an enrolled student.
D. The Department of Education shall be authorized to consult
with and assist any local governing body in developing and
implementing a social media policy pursuant to this section.
E. 1. No later than April 1, 2026, each local governing body
shall submit a copy of the social media policy adopted pursuant to
this section to the Department of Education for compliance review.
Such submission shall identify any software prog ram or other
technology that is being or will be utilized to block access to
social media platforms in accordance with subsection B of this
section.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29-111 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Education shall review each social media
policy and any subsequent revisions submitted pursuant to Section 10
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of this act. If the Department of Education determines after
compliance review that a policy or revision thereof is not
reasonably designed to achieve the requirements of this section, it
shall provide written notice of noncompliance to the local governing
body as provided for in subsection C of this section.
B. No revision of a social media policy which has been deemed
compliant pursuant to subsection C of this section shall be
implemented until such revision is reviewed by the Department of
Education. If the Department of Education fails to provide a notice
of noncompliance for the revision within sixty (60) days of its
receipt, the local governing body may proceed with the
implementation of the revision.
C. 1. The Department of Education shall be responsible for
conducting any necessary investigations and making written
determinations as to whether a local governing body has failed to
comply with the requirements of this section.
2. If the Department of Education determines that a local
governing body has failed to comply wit h the requirements of this
section, it shall provide a written notice of noncompliance to such
local governing body and the local governing body shall have thirty
(30) days from the receipt of such notice to correct such
noncompliance and to develop a corr ective action plan for preventing
future recurrences.
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D. The Department of Education may extend such thirty-day
period upon a showing of good cause by the local governing body.
E. 1. The State Board of Education shall be authorized to take
corrective action, including, but not limited to, withholding a
portion of state funding to a local school system or public school
if such local governing body fails to comply with the provisions of
this section or fails to enforce or substantially disregards its
social media policy.
2. If the State Board of Education notifies the local governing
body that it is subject to the withholding of state funding pursuant
to paragraph 1 of this subsection , such local governing body may
bring an action against the State Board of Education seeking
appropriate relief from the superior court of the county where the
local governing body is headquartered.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -112 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No later than July 1, 2026:
1. Each local board of education shall adopt a policy that
prohibits bullying, including, without limitation, cyberbullying, by
a student and shall require such prohibition to be included in the
student code of conduct for schools in that school system;
2. Each local board policy shall require that, upon a finding
by the disciplinary hearing officer, panel, or tribunal of school
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officials provided fo r in this subpart that a student in grades six
through twelve has committed the offense of bullying for the third
time in a school year, such student shall be assigned to an
alternative school;
3. Each local board of education shall establish and publish in
its local board policy a method to notify the parent, guardian, or
other person who has control or charge of a student upon a finding
by a school administrator that such student has committed an offense
of bullying or is a target or suspected victim of bullying. Such
notice shall, as appropriate under the circumstances, include
referrals to resources for counseling and other appropriate services
for students who have been found to have committed an offense of
bullying or are targets or suspected victims of bullying; and
4. Each local board of education shall ensure that students and
parents and guardians of students are notified of the prohibition
against bullying, and the penalties for violating the prohibition,
by posting such information at each scho ol and by including such
information in student and parent handbooks; and
5. Each local board of education shall establish a process to
regularly evaluate and update the use of technology solutions to aid
in the prevention of cyberbullying on school equip ment, including,
but not limited to, monitoring software intended to provide
electronic notification when the occurrence of cyberbullying is
detected on such equipment.
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B. No later than January 1, 2026, the Department of Education
shall develop a model po licy regarding bullying, that may be revised
from time to time, and shall post such policy on its website in
order to assist local school systems. Such model policy shall
include:
1. A statement prohibiting bullying;
2. A requirement that any teacher or other school employee who
has reliable information that would lead a reasonable person to
suspect that someone is a target of bullying shall immediately
report it to the school principal;
3. A requirement that each school have a procedure for the
school administration to promptly investigate in a timely manner and
determine whether bullying has occurred;
4. An age-appropriate range of consequences for bullying which
shall include, at minimum and without limitation, disciplinary
action or counseling as ap propriate under the circumstances;
5. A requirement that each school provide referrals, as
appropriate under the circumstances, to age -appropriate
interventions and services, including, but not limited to,
counseling services, for students who have been f ound to have
committed an offense of bullying or are targets or suspected victims
of bullying;
6. A procedure for a teacher or other school employee, student,
parent, guardian, or other person who has control or charge of a
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student, either anonymously or in such person's name, at such
person's option, to report or otherwise provide information on
bullying activity;
7. A statement prohibiting retaliation following a report of
bullying; and
8. Provisions consistent with the requirements of subsection A
of this section.
C. No later than January 1, 2026, the Department of Education
shall develop and post on its website:
1. A list of entities and their contact information which
produce antibullying training programs and materials deemed
appropriate by the Department for use in local school systems. Such
list shall include at least one entity that provides awareness and
training programs relating to cyberbullying; and
2. A list of online and in -person providers of counseling and
other appropriate services fo r students who have been found by
school officials to have committed an offense of bullying or are
targets or suspected victims of bullying. Such list shall include
in-person providers available to families in areas throughout the
state.
D. Any person who reports an incident of bullying in good faith
shall be immune from civil liability for any damages caused by such
reporting.
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E. Nothing in this section or in the model policy promulgated
by the Department of Education shall be construed to require a loc al
board of education to provide transportation to a student
transferred to another school as a result of a bullying incident.
F. Any school system which is not in compliance with the
requirements of subsection A of this section shall be ineligible to
receive state funding.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -113 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The provider of a social me dia platform shall make
commercially reasonable efforts to verify the age of account holders
with a level of certainty appropriate to the risks that arise from
the social media platform 's information management practices or
shall apply the special conditio ns applied to minors under this act
to all account holders.
B. The provider of a social media platform shall treat as a
minor any individual such provider verifies to be under the age of
sixteen (16) years.
C. No provider of a social media platform shall permit a minor
to be an account holder unless such provider obtains the express
consent of such minor 's parent or guardian. Acceptable methods of
obtaining express consent from a parent or guardian include:
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1. Providing a form for the minor 's parent or guardian to sign
and return to the social media platform by common carrier,
facsimile, email, or scanning;
2. Providing a toll-free telephone number for the minor 's
parent or guardian to call to consent;
3. Coordinating a call with the minor 's parent or guardian
using videoconferencing technology;
4. Collecting information related to the minor 's parent's or
guardian's government issued identification or financial or payment
card information and deleting such information after confirming the
identity of the parent or guardian;
5. Allowing the minor's parent or guardian to provide consent
by responding to an email and taking additional steps to verify the
parent's or guardian's identity; and
6. Any other commercially reasonable method of obtaining
consent using available technology.
D. Notwithstanding any other provision of this act, no provider
of a social media platform shall permit a minor to hold or open an
account on the social media platform if the minor is ineligible to
hold or open an account unde r any other provision of state or
federal law.
E. The provider of a social media platform shall make
available, upon the request of a parent or guardian of a minor, a
list and description of the features offered by the social media
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platform related to cen soring or moderating content available on the
social media platform, including any features that can be disabled
or modified by an account holder.
F. For a minor account holder, the provider of a social media
platform shall prohibit all of the following:
1. The display of any advertising in the minor account holder 's
account based on such minor account holder 's personal information,
except age and location; and
2. The collection or use of personal information from the
posts, content, messages, text, or u sage activities of the minor
account holder's account other than what is adequate, relevant, and
reasonably necessary for the purposes for which such information is
collected, as disclosed to the minor.
SECTION 14. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 29 -114 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The Attorney General shall have exclusive authority to
enforce the provisions of this act.
B. Nothing in this act shall be interpreted to serve as the
basis for a private right of action under this act or any other law.
C. Subject to the ability to cure an alleged violation under
subsection D of this section, the Attorney General may initiate an
action and seek damages for up to Two Thousand Five Hundred Dollars
($2,500.00) for each violation under this act.
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D. At least ninety (90) days before the day on which the
Attorney General initiates an enforcement action against a person or
entity that is subje ct to the requirements of this act, the Attorney
General shall provide the person or entity with a written notice
that identifies each alleged violation and an explanation of the
basis for each allegation. The Attorney General shall not initiate
an action if the person or entity cures the noticed violation within
ninety (90) days of receiving notice from the Attorney General and
provides the Attorney General with a written statement indicating
that the alleged violation is cured.
E. No provision in a cont ract, statement of terms or
conditions, or any other purported agreement, including, but not
limited to, a choice of law provision, a waiver or limitation, or a
purported waiver or limitation, may be utilized to prevent the
application of this act or preve nt, limit, or otherwise interfere
with any person's or entity's right to cooperate with the Attorney
General or to file a complaint with the Attorney General. Any such
provision shall be null and void and unenforceable as contrary to
public policy, and a court or arbitrator shall not enforce or give
effect to any such provision.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -115 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
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A. Before allowing access to a public website that contains a
substantial portion of material that is harmful to minors, a
commercial entity shall use a reasonable age verification method,
which may include, but not be limited to:
1. The submission of a digitized identification card, including
a digital copy of a driver 's license;
2. The submission of government -issued identification; or
3. Any commercially reasonable age verification method that
meets or exceeds an Identity Ass urance Level 2 standard, as defined
by the National Institute of Standards and Technology.
B. 1. A commercial entity that knowingly and intentionally
publishes or distributes material that is harmful to minors on a
public website which contains a substan tial portion of material that
is harmful to minors is liable if the commercial entity fails to
perform reasonable age verification of the individual attempting to
access the material.
2. A commercial entity that violates this section is liable to
an individual for damages resulting from a minor accessing material
harmful to minors, including court costs and reasonable attorneys '
fees as ordered by the court.
3. A commercial entity that violates this section shall be
subject to a fine of up to Ten Thousand Dollars ($10,000.00) for
each violation, the amount of which shall be determined by the
district court for the county in which any affected minor resides.
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The Attorney General or district attorney having jurisdiction shall
institute proceedings to impose such fine within one (1) year of the
violation. The issuance of a fine under this paragraph shall not
preclude any right of action.
C. 1. When a commercial entity or third party performs a
reasonable age verification, the commercial entity shall not re tain
any identifying information after access to the material has been
granted.
2. A commercial entity that is found to have knowingly retained
identifying information of an individual after access to the
material has been granted is liable to such indivi dual for damages
resulting from retaining the identifying information, including
court costs and reasonable attorney 's fees as ordered by the court.
D. This section shall not:
1. Apply to a news or public interest broadcast, public website
video, report, or event;
2. Affect the rights of a news -gathering organization; or
3. Apply to cloud service providers.
E. An Internet service provider and any affiliate, subsidiary,
or search engine shall not be considered to have violated this
section solely by pro viding access or connection to or from a public
website or to other information or content on the Internet or on a
facility, system, or network that is not under that Internet service
provider's control, to the extent the Internet service provider is
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not responsible for the creation of the content or the communication
that constitutes material that is harmful to minors.
SECTION 16. This act shall become effective July 1, 2025.
SECTION 17. It being immediately necessary for th e 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 and after its passage and approval.
60-1-13226 CMA 03/06/25