Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1964 Introduced / Bill

Filed 01/16/2025

                     
 
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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   
 
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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   
 
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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   
 
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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,   
 
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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,   
 
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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   
 
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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   
 
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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,   
 
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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