Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1388 Amended / Bill

Filed 04/21/2025

                     
 
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SENATE FLOOR VERSION 
April 17, 2025 
 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL NO. 1388 	By: Hasenbeck of the House 
 
  and 
 
  Reinhardt of the Senate 
 
 
 
 
 
[ schools - online safety - programs - technical 
assistance - acceptable-use policy - enforcement - 
review of policies and revisions - technology 
protection measure standards and specifications - 
social media policy - investigations - notice of 
noncompliance - codification - effective date -  
 	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 6 -500 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
This act shall be known and may be cit ed 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 6 -501 of Title 70, unle ss there 
is created a duplication in numbering , reads as follows: 
As used in this act:   
 
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1.  “Acceptable-use policy” means a policy for Internet use 
adopted by a public school district board of education or charter 
school governing body that meets the requirements of this section; 
2.  “Account holder” means a person who is a resident of this 
state and has an account or profile to use a social media platform; 
3.  “Child pornography” means any visual depiction including any 
live performance, photograph, film, v ideo, picture, or computer or 
computer-generated image or picture, whether made or produced by 
electronic, mechanical, or other means, of sexually explicit conduct 
when: 
a. the production of the visual depiction involves a 
minor engaging in sexually explicit conduct, 
b. the visual depiction is of a mi nor 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; 
4.  “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,   
 
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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; 
5.  “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 
physical characteristic or other recognizable physical 
feature; 
6.  “Minor” means any individual under the age of eighteen (18) 
years; 
7.  “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,   
 
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b. the material, taken as a whole, lacks serious 
literary, artistic, political, or scient ific 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 perverted, 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 
(5) sexual acts of flagellation, torture, or other 
violence indicating a sadomasochistic sexual 
relationship; 
8.  “Parent” means a natural or adoptive parent, legal guardian, 
or a person who has legal authority to act on behalf of a minor 
child; 
9.  “School equipment” means any computer or computer networking 
equipment, technology or technol ogy-related device or service, or 
communication system or service that is operated, owned, leased, and 
made available to students by a public school district board of 
education or charter school governing body and that is used for   
 
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transmitting, receiving, accessing, viewing, hearing, downloading, 
recording, or storing electronic communication; 
10.  “Social media platform ” means an online forum that allows 
an account holder to create a profile, upload posts, view and listen 
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 other 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,   
 
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e. online shopping or e -commerce, 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 
for sale or wish lists, and other functions that are 
focused on online shopping or e -commerce 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 entertainment, 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,   
 
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j. teleconferencing or videoconfer encing services that 
allow reception and trans mission of audio and video 
signals for real-time communication, 
k. cloud storage, 
l. shared document collaboration, 
m. cloud computing services, which may include cloud 
storage and shared document collaboration, 
n. providing access to or interacting with d ata 
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 techni cal support for a 
platform, product, or servic e, 
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 ability 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:   
 
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(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 
(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 a public school 
district or charter school in this state 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 interact ions 
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,   
 
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or settling payments among users or account hol ders, 
or 
v. career development opportunities including 
professional networking, job skills, learning 
certifications, and job posting and application 
services; 
11.  “Technology protection measure ” means a technology that 
inspects and analyzes unencrypted In ternet traffic for malware and 
that blocks or filters electronic access to obscene materials, child 
pornography, or material that is harmful to minors; and 
12.  “User” means a person who has access to view all or some of 
the posts on a social media platfor m 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 6 -502 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
A.  1.  The State Department of Education shall develop model 
programs for educating students regarding online safety while using 
the Internet, taking into consideration educational materials on 
this topic developed by other s tates 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 an d 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. 
B.  The State 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 soci al media platforms and other 
online communication technologies. 
C.  The State 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 shall provide technical assistance in addition to such 
model programs and recommended curricula and instructional materials 
to aid any public school district board of education or charter 
school governing body that may elect to incorporate one or more 
components of Internet and social media safety into its 
instructional program. 
D.  Each public school district board of education or charter 
school governing body may incorporate into its instructional program 
a component on onlin e Internet safety including social media safety 
to be taught on a schedule as determined by the public school 
district board of education or charter school governing body .   
 
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SECTION 4.     NEW LAW    A new section of law to be codified 
in the Oklahoma Statutes as Section 6 -503 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
A.  No later than October 1, 2025, each public school district 
board of education or charter school governing body shall adopt an 
acceptable-use policy.  At a minimum, an acceptable -use policy shall 
contain provisions which are reasonably designed to: 
1.  Prevent and prohibit any school equipment from being used 
for accessing, sending, receivin g, viewing, or downloading obscene 
materials, child pornography, or material that is harmful to minors; 
2.  Establish appropriate measures to be taken by the public 
school district or charter school in response to: 
a. students and school employees who intentionally 
violate the acceptable -use policy, regardless of 
whether 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 su ch 
measures include disciplinary measures, and 
b. any person who is not a student or school employee who 
violates the acceptable -use policy, regardless of 
whether such person was, at the time of such 
violation, on school property, on a school bus or   
 
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other school vehicle, at a school-related function, or 
elsewhere; 
3.  Provide for administrative procedures to enforce the 
acceptable-use policy; 
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 public school district or charter school 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 public school district board of education or 
charter school governing body to differentiate acceptable uses among 
elementary, middle, and high school students and among different age 
groups; provided, however, that any public school district board of 
education or charter sch ool 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.   
 
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C.  Each public school district board of education or charter 
school governing body shall provide reasonable opportunities and 
procedures for parents of current students to confer and collaborate 
with school administrators and teachers regarding appropriate 
Internet access for such students. 
D.  Each public school district board of education or charter 
school governing body and school district superintendent or charter 
school administrator shall take such steps as are necessary and 
appropriate to implement and enforce the acc eptable-use policy, 
which shall include, but n ot be limited to, providing for the 
adoption, use, and routine upgrading of technology protection 
measures which meet or exceed compliance standards and 
specifications established by the State Department of Education. 
E.  Each public school district and charter school shall 
provide, upon written request of a parent, a copy of the acceptable -
use policy adopted pursuant to subsection B of this section and 
information regarding the administrative procedures in effe ct to 
enforce the acceptable-use policy and to address complaints about 
enforcement. 
F.  By October 15, 2025, and each October 15 thereafter, each 
public school district board of education or charter school 
governing body shall electronically submit a copy of its acceptable -
use policy to the State Boa rd of Education.  The submission shall 
include the identification of the technology protection measures   
 
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being used, if such measures are being used as provided for in 
Section 5 of this act. 
G.  The State Board of Education shall review each acceptable -
use policy and any subsequent revisions submitted pursuant to 
subsection H of this section.  If the Board determines after review 
that a policy, technology protection measure, or revision is not 
reasonably designed to achieve the requirements of this section, the 
Board shall provide written notice to the public school district 
board of education or charter school governing body explaining the 
nature of such noncompliance, and the public school district board 
of education or charter school governing body shall have thirty (30) 
days from the receipt of written notice to correct such 
noncompliance. The Board may provide an extension to the thirty -day 
period on a showing of good cause. 
H.  No revision of an acceptable -use policy submission which has 
been approved by the State Board of Education pursuant to subsection 
G of this section shall be implemented until such revision is 
approved by the Board.  If the Board fails to disapprove the 
revision within sixty (60) days a fter the submission is received, 
the public school district board of education or charter school 
governing body may proceed with the implementation of the revision. 
SECTION 5.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 6 -504 of Title 70, unl ess there 
is created a duplication in numbering, reads as follows:   
 
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A.  By April 1, 2026, and by each April 1 thereafter, the State 
Department of Education shall establish compliance standards and 
specifications for technology protection measures that may be used 
by public school districts and charter schools in this state.  To 
the extent practicable, such compliance standards and specifications 
for technology protection measures shall include measures and 
controls for parents of current students to supervis e 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. 
B.  The State Department of Education shall publish on its 
website a list of technology protection measures that meet the 
compliance standards and specifications established pursuant to 
subsection A of this section that public school districts and 
charter schools may install on each computer or other electronic 
device issued to students for off -campus use. The Department shall 
annually require each technology protection measure provider to 
verify that the measures it provides meet or exceed the standards 
and specifications established pursuant to subsection A of this 
section.  The Department may provide information to public school 
districts and charter schools regarding state contracts with 
technology protection measure providers.  The Department shall 
prioritize the identifi cation of technology protection measure   
 
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providers that include parental measures and controls as provided 
for in this section. 
C.  The Department shall provide guidance and technical 
assistance to assist public school districts and charter schools in 
complying with this section. 
D.  By December 1, 2025, the Department shall develop guidelines 
for the training of public school district and charter school 
personnel.  The training guidelines shall include instruction in: 
1.  Implementing and complying with acc eptable-use policies 
required by Section 4 of this act; 
2.  Basic cybersecurity issues pertinent to public school 
districts and charter schools, students, and educators including, 
but not limited to, phishing a nd 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 6.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 6 -505 of Title 70, unles s there 
is created a duplication in numbering, reads as follows: 
A.  By April 1, 2026, each public school district board of 
education or charter school governing body shall adopt a social 
media policy which sha ll: 
1. a. except as provided in subparagraph b of this 
paragraph, prohibit students from accessing social 
media platforms through the use of computer equipment,   
 
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communications services, or Internet access that is 
operated, owned, leased, and made available to 
students by the public school district or charter 
school or the public school district board of 
education or charter school governing body , and 
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 pers onnel, 
(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 take n when a student 
violates such policy; and 
3.  Establish procedures for parents to: 
a. request information from school personnel about what 
social media platforms have been or are intended to be 
accessed as provided in 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.   
 
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B.  A public school district board of education or charter 
school 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: 
1.  Use of software programs and other technologies reasonably 
designed and intende d 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 public school district and charter school shall publish 
on its website a copy of the social media policy adopted pursuant to 
this section and shall provide a paper copy upon written request of 
a parent of an enrolled student. 
D.  The State Department of Education may consult with and 
assist a public school district board of education or charter school 
governing body in developing and implementing a social media policy 
pursuant to this section. 
E.  By April 15, 2026, each public school district board of 
education or charter school governing body shall electronically 
submit a copy of its social media policy to the State Department of 
Education for compliance review.  Such submission shall identify any 
software program or other technology that is being or will be 
utilized to block access to social media platforms in accordance 
with subsection B of this sec tion.   
 
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F.  The State Department of Education sh all review each social 
media policy and any subsequent revisions electronically submitted 
pursuant to subsection E of this section.  If the Department 
determines after compliance review that a policy or revision thereof 
is not reasonably designed to achiev e the requirements of this 
section, it shall provide written notice of noncompliance to the 
public school district board of education or charter school 
governing body as provided for in subsection H of this sec tion. 
G.  No revision of a social media policy which has been deemed 
compliant pursuant to subsection H of this section shall be 
implemented until such revision is reviewed by the State Department 
of Education.  If the Department fails to provide a notice of 
noncompliance for the revision within sixty (60) days of its 
receipt, the public school district board of education or charter 
school governing body may proceed with the implementation of the 
revision. 
H.  1.  The State Department of Education shall be responsible 
for conducting any necessary inves tigations and making written 
determinations as to whether a public school district board of 
education or charter school governing body has failed to comply with 
the requirements of this section. 
2.  If the Department determines that a public school district 
board of education or charter school governing body has failed to 
comply with the requirements of this section, it shall provide a   
 
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written notice of noncompliance to the board of education or charter 
school governing body and the board or governing body shall have 
thirty (30) days from the receipt of such notice to correct such 
noncompliance and to develop a corrective action plan for preventing 
future recurrences. The Department may extend such thirty -day 
period upon a showing of good cause by the local governing body. 
SECTION 7.  This act shall become effective July 1, 2025. 
SECTION 8.  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 and after its passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS 
April 17, 2025 - DO PASS AS AMENDED BY CS