Req. No. 10847 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 1964 By: Williams AS INTRODUCED An Act relating to parental rights; amending 25 O.S. 2021, Sections 2001, 2003, and 2005, which relate to the Parents' Bill of Rights; providing for private right of action; providing that parents may review certain materials; providing that parents may object to any material; providing that parents may opt in to certain instruction; providing for a fine per violation; defining term; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is amended to read as follows: Section 2001. A. This act shall be known and may b e cited as the "Parents' Bill of Rights". B. This state, any political subdivision of this state or any other governmental entity shall not infringe on the fundamental right of parents to direct the upbringing, education, health care and mental health of their children without demonstrating that the compelling governmental interest as applied to the child involved is Req. No. 10847 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means. C. As used in the Parents ' Bill of Rights, "parent" means the natural or adoptive parent or legal guardian of a minor child. D. Any parent whose child is a student at a school that violates the provisions of Section 2003 of this title and whose child suffers any harm as a result of the violatio n shall be entitled to bring a private right of action against the school for damages. SECTION 2. AMENDATORY 25 O.S. 2021, Section 2003, is amended to read as follows: Section 2003. A. The board of education of a school district , in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline; 2. Procedures by which parents may learn about the course of study for their children and review any learning materials, including the source of any supplemental educational materials , review budget expenditures, contracts, and agreements, and receive information about all of the school 's or school district 's programs Req. No. 10847 Page 3 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 activities, including, but not limited to, locally adopte d and implemented curriculum, education or noneducational programs and activities, classroom assignments, orientation programs, training programs, counseling programs, or classroom activities and interventions; 3. Procedures by which parents who object to any academic or nonacademic learning material or activity, any academic or nonacademic school programs or activities, or any academic or nonacademic instruction on the basis that it is harmful may withdraw their children from the activity or from the clas s or program in which the material is used. Objection to a any learning material or, activity, or instruction on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality or, religion, race, or gender, including gender identity ; 4. If a school district offers any sex education curricula pursuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes or pursuant to any rules adopted by the State Board of Education, procedures to opt out of a school district from providing in to the sex education instruction to a child if the child's parent provides written objection by providing in writing consent to the child's participation in the sex education curricula; 5. Procedures by which parents will be notified in advance of and given the opportunity to withdraw required to opt their children Req. No. 10847 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 from in to any instruction or presentations regarding morality, any social and emotional learning program, religion, race, gender, including gender identity, or sexuality in courses other than formal sex education curricula pu rsuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes; 6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of t he school curriculum, as well as extracurricular clubs and activities that have been approved by the school; and 7. Procedures by which parents must provide prior written consent to a student 's participation in any classroom activities or courses that promote or require a student to accept a particular ideological, philosophical, o r political belief or principle, including activities related to or associated with a school 's diversity, equity, or inclusion plan; 8. Procedures by which parents may learn abo ut a school district's equity, diversity, and inclusion plan, including, but not limited to, steps the school district is taking to implement the plan; and 9. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: a. the right to opt out of in to a sex education curriculum if one is provided by the school district, Req. No. 10847 Page 5 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. open enrollment rights, c. the right to opt out of in to assignments pursuant to this section, d. the right to be exempt from the immunization laws of the state pursuant to Section 1210.192 of Title 70 of the Oklahoma Statutes, e. the promotion requirements prescribed in Section 1210.508E of Title 70 of the Oklahoma Statutes, f. the minimum course of study and com petency requirements for graduation from high school prescribed in Section 11 -103.6 of Title 70 of the Oklahoma Statutes, g. the right to opt out of in to instruction on the acquired immune deficiency syndrome pursuant to Section 11-103.3 of Title 70 of th e Oklahoma Statutes, h. the right to review test results, i. the right to participate in gifted programs pursuant to Sections 1210.301 through 1210.308 of Title 70 of the Oklahoma Statutes, j. the right to inspect instructional materials used in connection with any research or experimentation program or project pursuant to Section 1 1-106 of Title 70 of the Oklahoma Statutes, k. the right to receive a school report card, Req. No. 10847 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 l. the attendance requirements prescribed in Section 10 - 106 of Title 70 of the Oklahoma Statutes, m. the right to public review of courses of study and textbooks, n. the right to be excused from school attendance for religious purposes, o. policies related to parental involvement pursuant to this section, p. the right to participate in parent -teacher associations and organizations that are sanctioned by the board of education of a school district, and q. the right to opt out of in to any formal or informal data collection instrument or survey, including, but not limited to, any instrument coll ecting nonacademic information from a student at the district level that would capture data for inclusion in the state longitudinal student data system except what is necessary and essential for establishing a student 's public school record , r. the right to review any formal or informal data collection instrument or survey at the di strict level, s. the right to opt in to a student 's participation in activities associated with the implementation of a Req. No. 10847 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 diversity, equity or inclusion plan prior to the student's participation in such activities, and t. the right to opt in to participation in any social and emotional learning program . B. The board of education of a school district may adopt a policy to provide to parents the information required by this section in an electronic form. C. A parent shall submit a written request for informat ion pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the sch ool district. Within ten (10) days of receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of th e reasons for the denial of the requested information. If the request for inf ormation is denied or the parent does not receive the requested information within fifteen (15) days after submitting the request for information, the parent may submit a written request for the information to the board of education of a school district, which shall formally consider the request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the board of education of Req. No. 10847 Page 8 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 school district shall for mally consider the request at the next subsequent public meeting of the board. D. A school that violates this section is punishable by a fine of One Thousand Dollars ($1,000.00) per violation. SECTION 3. AMENDATORY 25 O.S. 2021, Section 2005, is amended to read as follows: Section 2005. A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by any of these entities, may procure, solicit to perform, arrange for the performance of or perform an assessment for mental health therapy on a minor without first obtaining the written consent of a parent or a legal guardian of the minor child. Provided, however, that if written consent is provided to a school district for assessment or treatment, such consent shall be effective for the school year for which it is granted and shall be renewed each subsequ ent school year. If an assessment or treatment is performed through telemedicine at a school site and if consent has been provided by the parent and is currently effective, the health professional shall not be required to verify that the parent is at the site. However, a child shall not be seen without consent. B. For purposes of this section, mental health therapy shall include mental health services, behavioral health services, sexual and reproductive health information, substance abuse treatment, Req. No. 10847 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 information on transitioning, gender -affirming care, suicide prevention programs, cross-sex counseling, and any information provided by a school relating to sexual identity, sexual orientation, gender identity, gender expression, gender transitioning, or trans gender identity. C. This section does not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child. C. D. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment of not more than one (1) year in the county jail, or by both such fine and imprisonment. SECTION 4. This act shall become effective November 1, 2025. 60-1-10847 CMA 12/12/24