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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 19 By: Hamilton
AS INTRODUCED
An Act relating to schools; defining terms; requiring
each school district and charter school to submit to
the State Department of Educa tion certain listing
annually by certain date; allowing submission of
certain attestation; prohibiting certain materials
and content from being accessible to certain
students; requiring school districts and charter
schools to have certain written policy; p roviding
certain construction; providing process for reporting
suspected violations; providing for contents of
report; requiring certain notifications within
certain time period; providing for investigation;
allowing a school district or charter school to
request certain hearing within certain time period;
directing the State Board of Education to review
certain information and vote on certain
determination; authorizing certain designation of a
school for certain noncompliance; providing certain
penalty for noncompliance; providing for promulgation
of rules; providing for codificati on; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 11 -203 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. “Library” means a school library, media program, classroom
library, or any other collection of books or other materials, print
or digital, that are maintained by a school district or charter
school or its employees for use by students and that do not qualify
as textbooks approved by the State Textbook Committee pursuant to
Sections 16-101 through 16-124 of Title 70 of the Oklahoma Statutes;
2. “School library” means the library maintained by a school
district or charter school for use by students;
3. “Pornographic” means:
a. depictions or descriptions of sexual conduct whi ch are
patently offensive as found by the average person
applying contemporar y community standards, considering
the youngest age of students with access to the
material,
b. materials that, taken as a whole, have as the dominant
theme an appeal to prurient interest in sex as found
by the average person applying contemporary community
standards, and
c. a reasonable person would find the material, taken as
a whole, lacks serious literary, artistic,
educational, political, or scientific purposes or
values considering the youngest age of students with
access to the material; and
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4. “Sexualized content” means material that is not strictly
pornographic but otherwise contains excessive sexual material in
light of the educational value of the material and in light o f the
youngest age of students with access to the material.
B. By October 1, 2025, and by every October 1 thereafter, each
school district and charter school shall submit to the State
Department of Education a complete listing of all books and other
materials available in its school library. To fulfill the
requirement of this sub section, a school district or charter school
superintendent may submit an attestation that the public online
school library catalog or catalogs contain a complete and accurate
list of books and other materials accompanied by the website for
accessing the relevant catalog or catalogs.
C. A library in a school district or charter school shall be
prohibited from having any pornographic materials or sexualized
content accessible to st udents under the age of eighteen (18).
D. Each school district and charter s chool shall have a written
policy for reviewing the educational suitability and age -appropriate
nature of any material in a library and for receiving and responding
to complaints regarding books and other materials in libraries.
E. Nothing in this section shall prohibit a student from
reading, owning, possessing, or discussing any book obtained without
the assistance or encouragement of a school district or charter
school, its employees, or its libraries; provided, however, nothing
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in this section shall be construed to allow a student to bring
pornographic material or sexualized content on the grounds of a
school district or charter school.
F. 1. The parent or legal guardian of a student enrolled in a
school district or charter school may report suspected violations of
the provisions of this section to the State Department of Education.
The report shall include a written complaint summarizing the alleged
violation including the t ime, date, and location of the alleged
violation and the identity of any pers on involved. The report shall
include a copy of any complaint submitted to the school district or
charter school and any related response.
2. Within fourteen (14) business days of receiving a report
pursuant to this subsection, the State Department of Education shall
notify the school district or charter school of the alleged
violation and provide an opportunity to respond.
3. The State Department of Education shall conduct an
investigation to determine whether a violation occurred. The
Department shall notify the parent or legal guardian who submitted
the report and the school district or charter school of the results
of the investigation.
4. If the Department determines a vio lation occurred, the
school district or charter school shall have fourteen (14) business
days to request a hearing before the State Board of Education. The
Board shall review the alleged violation, the results of the
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Department’s investigation, and the re sponse from the school
district or charter school and vote on whether to upho ld the
Department’s determination.
5. If the State Board of Education votes to uphold the State
Department of Education ’s determination, the Board is authorized to
report a school district or charter school as deficient on the
accreditation report for noncompliance with the provisions of this
section. Upon a finding of noncompliance with the provisions of
subsections B and C of this section by the State Board of Education,
the noncompliant school district or charter school shall receive a
five percent (5%) reduction in state funding for the fiscal year
following the fiscal year of noncompliance.
G. The State Board of Education shall promulgate rules to
implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after i ts passage and approval.
60-1-403 EB 12/11/2024 3:07:32 PM