SENATE FLOOR VERSION - HB1388 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: SENATE FLOOR VERSION - HB1388 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. “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, SENATE FLOOR VERSION - HB1388 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SENATE FLOOR VERSION - HB1388 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB1388 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SENATE FLOOR VERSION - HB1388 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SENATE FLOOR VERSION - HB1388 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: SENATE FLOOR VERSION - HB1388 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) 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, SENATE FLOOR VERSION - HB1388 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB1388 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SENATE FLOOR VERSION - HB1388 SFLR Page 11 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 . SENATE FLOOR VERSION - HB1388 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 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 SENATE FLOOR VERSION - HB1388 SFLR Page 13 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB1388 SFLR Page 14 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. 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 SENATE FLOOR VERSION - HB1388 SFLR Page 15 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: SENATE FLOOR VERSION - HB1388 SFLR Page 16 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB1388 SFLR Page 17 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, SENATE FLOOR VERSION - HB1388 SFLR Page 18 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB1388 SFLR Page 19 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB1388 SFLR Page 20 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB1388 SFLR Page 21 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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