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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1475 By: Adams
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 1210.189, which relates to prohibited COVID -
19-related requirements; prohibitin g student
distinctions based on vaccination status; stating
prohibited acts; providing penalty for violations;
amending 70 O.S. 2021 , Section 1210.191, which
relates to required immunizations; providing penalty
for certain violations; providing an effectiv e date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.189, is
amended to read as follows:
Section 1210.189. A. A board of education of a public school
district or a technology center school district, the board of
regents of an institution within The Oklahoma State System of Higher
Education, the governing board of a private postsecondary
educational institution, the Oklahoma State Reg ents for Higher
Education, the State Board of Education or the State Board of Career
and Technology Education shall not:
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1. Require a vaccination against Coronavirus disease 2019
(COVID-19) as a condition of admittance to or attendance of the
school or institution;
2. Require a vaccine passport as a condition of admittance to
or attendance of the school or institution; or
3. Implement a mask mandate for students who have not been
vaccinated against COVID -19; or
4. Distinguish between students based on t heir vaccination
status. Actions prohibited by this paragraph include, but ar e not
limited to, discrimination in any of the following acts:
a. determination of eligibility for athletics or other
extracurricular activities,
b. allowing or denying participa tion inside and outside
of the classroom,
c. issuance of surveys to students relative to
vaccination status, and
d. organizing seating arrangements .
B. As used in this section, "vaccine passport" means
documentation that an individual has been vaccinated against COVID-
19.
C. A school district that violates any or all of the provis ions
of this section shall receive a penalty of a five percent (5%)
reduction in state funding. Said penalty shall be applied in the
State Department of Education's next funding distribution and shall
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continue for the school's current fiscal year through the following
fiscal year.
D. Nothing in this section shall be construed to apply to any
public or private healthcare setting.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.191, is
amended to read as follows:
Section 1210.191. A. No minor child shall be admitted to any
public, private or parochial school operating in this state unless
and until certification is presented to the appropriate school
authorities from a licensed physician, or authorized representative
of the State Department of Health, that such child has received or
is in the process of receiving, immunizations against diphtheria,
pertussis, tetanus, haemophilus influenzae type B (HIB), me asles
(rubeola), rubella, poliomyelitis, varicella and hepatitis A or is
likely to be immune as a result of the disease.
B. Immunizations required, and the manner and frequency of
their administration, as prescribed by the State Commissioner of
Health, shall conform to recognized standard medical practices in
the state. The State Department of Health shall supervise and
secure the enforcement of the required immunization program. The
State Department of Education and the governing boards of the school
districts of this state shall render reasonable assistance to the
State Department of Health in the enforcement of the provisions
hereof.
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C. The Commissioner, by rule, may alter the list of
immunizations required after notice and hearing. Any change in the
list of immunizations required shall be submitted to the next
regular session of the Legislature and such change shall remain in
force and effect unless and until a concurrent resolution of
disapproval is passed. Hearings shall be conducted by the
Commissioner, or such officer, agents or employees as the
Commissioner may designate for that purpose. The Commissioner shall
give appropriate notice of the proposed change in the list of
immunizations required and of the time and place for hearing. The
change shall become effective on a date fixed by the Commissioner.
Any change in the list of immunizations required may be amended or
repealed in the same manner as provided for its adoption.
Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Act.
D. The State Department of Education and the gove rning boards
of the school districts of this state shall provide for release to
the Oklahoma Health Care Authority of the immunization records of
school children covered under Ti tle XIX or Title XXI of the federal
Social Security Act who have not received the required immunizations
at the appropriate time. The information received pursuant to such
release shall be transmitted by the Oklahoma Health Care Authority
to medical providers who provide services to such children pursuant
to Title XIX or Title XXI to assist in their efforts to increase the
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rate of childhood immunizations pursuant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
services provisions. The provisions of this subsection shall not be
construed to prohibit or affect the eligibility of any child to
receive benefits pursuant to Title XIX or Title XXI of the Social
Security Act or to require the immunization of any child if su ch
child is exempt from the immunization requirements pursuant to law.
The name of any child exempt from immunization pursuant to Section
1210.192 of this title shall not be included in the information
transmitted pursuant to this subsection.
E. The State Department of Education shall provide and ensure
that each school district in this state provides, on the school
district website and in any notice or publication provided to
parents regarding immunization requests, the following information
regarding immunization requirements for school attendance: “For
school enrollment, a pare nt or guardian shall provide one of the
following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form.”
F. A school district that violate s any or all of the provisions
of this section shall receive a penalty of a five percent (5%)
reduction in state funding. Said penalty shall be applied in the
State Department of Education's next funding distribution and shall
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continue for the school's cu rrent fiscal year through the following
fiscal year.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergen cy 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.
60-1-11017 SW 01/14/25