Req. No. 833 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 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) SENATE BILL 348 By: Bergstrom AS INTRODUCED An Act relating to schools; amending 70 O.S. 2021, Section 5-117, which relates to powers and duties of school district boards of educ ation; updating statutory language; updating statutory references; requiring educational service providers, their employees and representatives, and services to afford certain parents and legal guardians the rights provided by the Parents ’ Bill of Rights; providing each school district board of education and its administration the r esponsibility for content of all instructional materials used or made available; directing school district boards of education to adopt certain policy; providing for posting of policy; providing for contents of policy; directing certain form to be prescribed by certain rules; allowing certain evidence to be submitted; providing for removal of certain instructional material upon receipt of certain objection; authorizing reading of certain passages; directing school districts to discontinue use of certain ins tructional materials under certain circumstances; directing school district boards of education to establish certain procedure to contest adoption of certain materials; providing for submission of certain petition on certain form within certain time period; directing a school district board of education to conduct certain hearing within certain time period; directing recommendation to be made; amending Section 1, Chapter 106, O.S.L. 2022 (70 O.S. Supp. 2024, Section 11-201), which relates to school library media centers; directing all print materials, nonprint materials, and multimedia resources to be subject to certain provisions; amending 70 O.S. 2021, Sections 16-102 and 16-111, which relate to textbook adoption; updating statutory language; directing review team Req. No. 833 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 members to take certain factors into consideration in recommending textbooks and instructional materials; requiring selected textbooks to meet certain requirements; modifying membership of local textbook committees; directing review process to use certain criteria; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -117, is amended to read as follows: Section 5-117. A. The board of education of each school district shall have power to: 1. Elect its own officers; provided that the chair of the board authorized in Section 5 -107B of this title shall be elected by the electors of the school district; 2. Make rules, not inconsistent with the law or rules of the State Board of Education, governing the board and the school system of the district, including converting all or part of a t raditional public school to a conversion school; 3. Maintain and operate a complete public school system of such character as the board of education shall deem best suited to the needs of the school district; 4. Designate the schools to be attended by th e children of the district; Req. No. 833 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Provide and operate, when deemed advisable, ca feterias or other eating accommodations, thrift banks , or other facilities for the teaching and practice of thrift and economy, bookstores, print shops, and vocational and other shops; 6. Provide informational material concerning school bond elections and millage elections , including, but not limited to, all pertinent financial information relative to the bond issue, a statement of revenue sources necessary to retire proposed bon ds, a statement of current bonded indebtedness of the school district, and a statement of proposed use of funds to be generated by the proposed bond issue. The informational material shall not contain the words “vote yes” or “vote no” or any similar words or statement any place anyplace on such informational material; 7. Purchase, construct , or rent, and operate and maintain , classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation places and playgrounds, teacherages, school bus garages, laboratories, administration buildings, and other schoolhouses and school buildings, and acquire sites and equipment for the operation of public schools or conversion schools; 8. a. Insure the school district or its employees against any loss, damage, or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes . Req. No. 833 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 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. Subject to the restrictions of liability in the The Governmental Tort Claims Act: (1) insure the school district against all or any part of any liability it may incur for death, injury, or disability of any person, or for damage to property, either real or personal, (2) insure any employee of the school district against all or any part of the empl oyee’s liability for injury or damage resulting from an act or omission in the scope of employment, or (3) insure against the expense of defending a claim against the school district or its employee, whether or not liability exists on such claim . c. As used in this subsection, “employee” means any person who has acted in on behalf of a school district, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis. Employee also includes all elected or appointed officers, members of governing bodies of a school district, and persons appointed, and other persons designated by a school district to act in its behalf . d. The cost or premium of any such insurance is a proper expenditure of the school district. Req. No. 833 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 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. Any insurance authorized by law to be purchased, obtained, or provided by a school district may be provided by: (1) self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes. Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the school district makes its annual estimate for needed appropriations, (2) insurance in any insurer authorized to trans act insurance in this state, (3) insurance secured in accordance with any othe r method provided by law, or (4) any combination of insurance authorized by this section subsection. f. Two or more school districts or public agencies, by interlocal agreement m ade pursuant to the Interlocal Cooperation Act, may provide insurance for any purpose by any one or more of the methods specified in this section subsection. The pooling of self -insured reserves, claims, or losses among governments as authorized in this section subsection shall not be construed to be transacting insurance nor other wise Req. No. 833 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subject to the provisions of the laws of this state regulating insurance or insurance companies, except as to the provisions of Section 607.1 of Title 36 of the Oklahoma Statutes. Two or more school districts may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each school district or apportioned among participating school districts as provided by the master policy or contract; 9. Acquire property by condemnation proceedings in the same manner as land is condemned for railroad purposes. School district funds may be used to erect buildings on leased land on which other buildings have been erected prior to April 3, 196 9, or on land which is leased from a governmental entity; 10. Lease real or personal property to the state or any political subdivision thereof or a not -for-profit entity operating pursuant to Section 868 of Title 18 of the Oklahoma Statutes for nominal cash consideration for so long as the use of the property by the lessee substantially benefits, in whole or in part, the same public served by the school district; 11. a. Dispose of personal or real property no longer needed by the district by sale, exchang e, lease, lease- purchase, sale, and partial lease back, or otherwise. Real property shall be conveyed pursuant to a public Req. No. 833 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sale, public bid, or private sale; provided , however, unless otherwise prohibited by law, the board of education of a consolidated o r annexed school district or any other school district may convey real propert y to a local political subdivision or to an educational institution within The Oklahoma State System of Higher Education or to a housing authority formed pursuant to the provisions of Section 1057 of Title 63 of the Oklahoma Statutes without consideration. Prior to the sale of any real property, the board of education shall have the real property appraised. The appraisal shall be confidential until the real property is sold. When the real property is sold, the board of education shall make the appraisal available for public inspection. Prior to the conveyance of any real property by private sale, the board of education shall have offered the real property for sale by public sal e or public bid. Any conveyance of real property by private sale to a nonprofit organization, association, or corporation to be used for public purposes, unless for exchange, shall contain a reversionary clause which returns the real property to the board of education upon the cessation of the use without profit Req. No. 833 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 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 for public purposes by the purchaser or the assigns of the purchaser, b. If a board of education makes the decision to dispose of real or personal property that is leased at the time the decision is made, whether such disposal is by public sale, public bid , or private sale, the lessee shall have a right of first refusal to purchase the property on the following terms and conditions: (1) if a board of education receives a bid or offer in a public sale, public bid, or private sale for any real or personal property that it de sires to accept, then it shall provide notice to the lessee of the property. The notice shall include the identity of the prospective purchaser of the property, the terms and co nditions of the proposed sale, and the purchase price to be paid by the prospective purchaser, and (2) the lessee shall have thirty (30) days after receipt of the notice to inform the board of education that it elects to purchase the property on the same terms and conditions set forth in the notice, in which event the board of educa tion shall convey the property to the lessee on all the same terms and conditions set forth in the Req. No. 833 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 notice; provided, however, that if any portion of the consideration included in the purchase price set forth in the notice is not in cash, then the lessee shall be entitled to pay the fair market value in cash of such noncash consideration; 12. Purchase necessary property, equipment, furniture , and supplies necessary to maintain and operate an adequate school system; 13. Incur all expenses, within the limita tions provided for by law, necessary to perform all powers granted by the provisions of this section; 14. Contract with and fix the duties and compensation of physicians, dentists, optometrists, nurses, attorneys, superintendents, principals, teachers, bus drivers, janitors , and other necessary employees of the district; 15. Establish a written policy for reimbursement of necessary travel expenses of employees and members of the board. The policy may include in-district travel from the site of employment assignment which is necessary in the performance of employment duties. The written policy shall specify procedures, contain documentation requirements, and may include payment of meal expenses during authorized travel on a per diem allowance basis rather than itemized documentation; Req. No. 833 Page 10 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 16. Pay necessary travel expenses and other related expenses of prospective employees for sponsored visits to the school district pursuant to a written policy specifying procedures containing documentation requirements equal to or greater than the requirements specified by law for state employees in the State Travel Reimbursement Act; 17. Provide for employees ’ leaves of absence without pay; 18. Exercise sole control over all the schools and property of the district, subject to other provisions of the Oklahoma School Code; 19. Allow district-owned school buses to be used for transportation of students from other districts or educational institutions while within the district on educational tours. This The provisions of this paragraph shall not restrict the authority of the board to authorize any other use of such buses which may now be permitted by law or rule of the State Board of Education; 20. Enter into contractual agreements with the board of trustees of a multicounty library system, as defined in Section 4 - 103 of Title 65 of the Oklahoma Statutes, a city -county library commission, as defined in Section 152 of Title 65 of the Oklahoma Statutes, or a rural single county library system, as defined in Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as may be mutually agreed, except no district board of education may enter into any agreement under which the library services for th e Req. No. 833 Page 11 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school would be provided at any site other than the school site or which would result in library services that do not meet accreditation standards as required by law or rule; 21. Perform all functions necessary to the administration of a school district in Oklahoma this state as specified in the Oklahoma School Code, and in addit ion thereto, those powers necessarily implied but not delegated by law to any other agency or official; 22. Prepare and distribute at the expense of the school district any and all material which has the purpose of informing the public about district activities; 23. Solicit and accept any gift, grant, or donation of money or property for the use of the school district. Any gift, grant, or donation of money may be deposited in t he general fund or building fund of the school district; and 24. Pay necessary meal and lodging expenses of school district students and sponsors involved in authorized school -sponsored cocurricular activities. The board of education shall establish a written policy for reimbursement of necessary meal and lodging expenses of school district students and sponsors. The written policy shall specify procedures, contain documentation requirements, and designate the funds from which reimbursement may be made. Reimbursement may be made from the General Fund. B. The board of education o f any school district may rent real and personal property, if such items are necessary for the operation Req. No. 833 Page 12 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 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 school, and pay the rental charges for the usage during any fiscal year, or portion thereof, out of appropriations made and approved for current expense purposes during the fiscal year. Any rental contract extending beyond June 30 of the fiscal year shall be void unless it contains provisions for mutual ratification of renewal pursuant to the conditions provided for in this subsection. It is the intent of this subsection to authorize boards of education to enter into lease contracts but not to incur any obligation against the school district in excess of the income and revenue provided for such purposes for the fiscal year in which the lease contract is operative. Any lease or lease -purchase agreement entered into by any board of education shall state the purchase price of real or personal property so leased. The lease or lease- purchase shall not be extended so as to cause payment of more than the original purchase price of the real or personal property, plus interest not to exceed the legal rate. When the purchase price plus interest has been paid, the property shall belong to the lessee and the lessor shall deliver a deed or bill of sale to the property to the lessee. When any real or personal property has been leased or rented during any fiscal year pursuant to the provisions of any contract which permits continuanc e of the rental for the remainder of the fiscal year, the renting or leasing o f the property shall be continued for the remainder of the fiscal year unless the board of education renting or leasing the same certifies by proper resolution Req. No. 833 Page 13 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 entered in the minutes of the board of education that the continuance of the rental is unnecessary and contrary to the public interest. Any lease -purchase agreement entered into shall include the right of a school district to acquire buildings, equipment , or other facilities or discrete components thereof or improve school sites through a lease -purchase agreement. A school district may use proceeds derived from the sale of bonds as authorized by Section 26 of Article X of the Oklahoma Constitution to make lease -purchase payments, including interest, under a lease-purchase agreement. For purposes of this subsection, the term “acquired” as used in Section 26 of Article X of the Oklahoma Constitution shall mean the possession, control, or power to dispose of personal or real property. C. The boards of education of two or more school districts may enter into cooperative agreements and maintain joint programs including, but not limited to, courses of instruction for handicapped children with disabilities, courses of instruction in music and other subjects, practical instruction for trades and vocations, practical instruction in driver training courses, and health programs including visual care by persons legally licensed for such purpose, without favoritism as to either professi on. The revenues necessary to operate a joint program approved in cooperative agreements, whether from federal, state , or local sources, including the individual contributions of participating Req. No. 833 Page 14 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school districts, shall be deposited into a fund separate from all other appropriated funds. The beginning fund balance each year, combined with all actual revenues , including collected and estimated revenues, must shall be appropriated before being expended. Purchase orders shall be issued against available approp riations and, once goods or services have been received, either payable or nonpayable warrants shall be issued in payment of all purchase orders. The fund shall be reported as a separate appropriated fund in all the financial reports of the school distric t which is chosen by the other school districts to keep the accounting records of the joint program. D. The boards of education of two or more school districts may enter into a mutual contract or separate contracts with a superintendent, administrator, or teacher or with a person to provide support services, to serve as superintend ent, administrator, or teacher, as appropriately qualified, or to provide support services, for each contracting district upon such terms and conditions as the parties may agree. Nothing in this section shall be construed to authorize or require annexation or consolidation of any school districts or the closing of any school site except pursuant to law as set forth in Section 7 -101 et seq. of this title. E. Any school district m ay operate or maintain a school or schools on any military reservation which i s within the boundaries of the school district or which is adjacent to the school district , Req. No. 833 Page 15 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and provide the instruction in the school or schools to children of personnel on the military reservation and, in doing so, shall conform to all federal laws and requirements. F. The board of education of each school district shall adopt and maintain on file in the office of the superintendent of schools appropriate personnel policy and si ck leave guide. The guide shall be made available to the public. G. The board of education of any school district with an average daily membership of thirty thousand (30,000) or more and all or part of which school district is located in a county having a population of more than five hundred thousand (500,000) population according to the latest Federal Decennial Census may contract with a public or private nonsectarian entity for that entity to provide educational and administrative services for the schoo l district. The educational services provided by a contracting entity may include, but are not limited to , the delivery of instructional service in core and noncore academic subjects to the students enrolled in the school district at one or more school si tes or parts of sites within the district pursuant to the terms of an educational services contract. All educational service providers and their employees and representatives and all educational and administrative services provided under an educational se rvices contract shall be exempt from all statutes and rules relating to school s, boards of education, and school districts to the same extent that a charter Req. No. 833 Page 16 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school is exempt under the Oklahoma Charter Schools Act. All educational service providers, their employees and representatives , and all educational and administrative services provided pursuant to an educational services contract shall afford parents and legal guardians of students who are provided services by a contracting entity pursuant to this sub section their rights provided by the Parents’ Bill of Rights. For all purposes including, but not limited to, attendance, funding from all sources , and accountability, all students who are provided services by a contracting entity pursuant to an education al services contract shall at all times be and remain students of the school district. H. Each school district board of education and its administration shall be responsible for the content of all instructional materials and any other materials used or ma de available in a classroom or classroom library or included on a reading list, whether such materials are purchased from the list of textbooks, as defined in Section 16 -102 of this title, or purchased without the use of state -appropriated funds. I. Each school district board of education shall adopt a policy outlining procedures for the processing and resolution of objections regarding the use of a specific instructional material provided pursuant to subsection H of this section when the objection is submitted by the parent or legal guardian of a student or a resident of the school district. The board of education policy shall be easy Req. No. 833 Page 17 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to read and understand and be easily accessible on the home page of the school district’s website. The objection shall be submitted on a form prescribed by administrative rules promulgated by the State Board of Education, and the school district board of education shall include on the form th e name, job title, and contact information of the school district employee responsib le for receiving objections submitted pursuant to this subsectio n. The policy adopted by the school district board of education shall allow a parent or legal guardian of a student or a resident of the school district to submit evidence that: 1. An instructional material does not meet the criteria of subsection F of Section 16 -102 of this title or subsection B of Section 16-114a of this title; 2. An instructional material uses terms defined contrary to the definitions provided for in Section 16 of Title 2 5 of the Oklahoma Statutes if the material was selected for use in a course or made available to students in the school district; or 3. An instructional material or any other material used or made available in a classroom or classroom library or included on a reading list contains content which: a. is material described in Section 1021 of Title 21 of the Oklahoma Statutes or is pornographic or obscene material as the term is used in Section 1021.2 of Title 21 of the Oklahoma Statutes, Req. No. 833 Page 18 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. depicts or describes sexual conduct, as defined in Section 1024.1 of Title 21 of the Oklahoma St atutes, unless such material is for a course for which a parent or legal guardian has provided written consent for a student to participate, c. is not suited for the needs of stu dents and their abilities to comprehend the curriculum material being presented, or d. is not appropriate for the grade level for which the instructional material is used. J. 1. Any instructional material that is subject to an objection based on subparag raphs a or b of paragraph 3 of subsection I of this section shall be removed w ithin five (5) school days of receipt of the objection and shall remain unavailable to students until the objection is resolved. Parents or legal guardians of a student enrolled in the school district or a resident of the school district shall be authorized to read passages from any instructional material subject to an objection submitted for reasons outlined in this paragraph. 2. If a school district board of education denies a parent or legal guardian of a student enrolled in the district or a resident of the school district the opportunity to read passages from an instructional material due to content that meets the criteria of Req. No. 833 Page 19 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subparagraph b of paragraph 3 of subsection I of this section, the school district shall discontinue use of the instructional material. 3. If a school district board of education finds that any instructional material meets the criteria of paragraph s 1 or 2 of subsection I of this section or that any ins tructional material meets the criteria of subparagraph a of paragraph 3 of subsection I of this section, the school district shall discontinue use of the instructional material. 4. If a school district board of education finds that any instructional material meets the criteria of subparagraphs b, c, or d of paragraph 3 of subsection I of this section, the school district shall discontinue use of the material for any grade level for which such use is determined by the board to be inappropriate or unsuitable. K. Each school district board of education shall establish a procedure through which the parent or legal guardian of a student enrolled in the school district or a resident of the school district may contest the board of education ’s adoption of a specif ic instructional material for reasons outlined in subsection F of Section 16-102 of this title or subsection B of Section 24 -157 of this title. The parent or legal guardian of the student or a resident of the school district shall submit a petition on a form prescribed by the school district within thirty (30) calendar days of the school district board of education ’s adoption of the Req. No. 833 Page 20 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 instructional material. The form shall be easily accessible on the home page of the school district ’s website. The form sha ll be signed by the parent or legal guardian of the student enrolled in the school district or the resident of the school district, include contact information for the individual submitting the form, and include the reason for the objection to the adoption of the instructional material based on criteria provided for in this subsection. Within thirty (30) calendar days of receipt of the form submitted pursuant to this subsection, the school district board of education shall conduct a minimum of one public h earing before a board-appointed hearing officer, who shall not be an employee of the school district. The hearing shall provide sufficient procedural protections to allow each petitioner an adequate and fair opportunity to be heard and present evidence to the hearing officer. The hearing officer shall make a recommendation to the school district board of education, and the board of education ’s decision shall be final, not subject to further review. SECTION 2. AMENDATORY Section 1 , Chapter 106, O.S.L. 2022 (70 O.S. Supp. 2024, Section 11 -201), is amended to read as follows: Section 11-201. A. As school library media center resources are finite, the library media program shall be reflective of the community standards for the popul ation the library media center serves when acquiring an age -appropriate collection of print Req. No. 833 Page 21 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 materials, nonprint materials, multimedia resources, equipment, and supplies adequate in quality and quantity to meet the needs of students in all areas of the scho ol library media program. B. All print materials, nonprint materials, and multimedia resources that are part of a library media center shall be subject to the provisions of subsections H and I of Section 5 -117 of this title. SECTION 3. AMENDATORY 70 O.S. 2021, Section 16 -102, is amended to read as follows: Section 16-102. A. The State Textbook Committee shall meet at the call of the chair as often as necessary, with two (2) weeks ’ public notice, to discharge its responsibilities . If necessary, not later than the first day of December of each year the State Textbook Committee shall meet to select textbooks for subjects taught in the public schools of the state for grades prekindergarten through twelve, which selections shall be f or not more than six (6) years for every textbook. B. The Committee may suspe nd any currently pending selection process of textbooks and may extend by at least two (2) years the six-year adoption period of those textbooks currently on the state adopted list, for the purpose of delaying for two (2) years the six - year adoption cycle of subjects. C. “Textbooks”, as As used in Sections 16-101 through 16-124 of this title, “textbooks” means instructional materials that are Req. No. 833 Page 22 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 designed for use by pupils as a learn ing resource. Instructional materials may be printed or nonprinted and may in clude textbooks, technology-based and other educational materials. D. “List of textbooks” or “the list”, as As used in Sections 16-101 through 16-111 of this title, “list of textbooks” or “the list” means the official textbook list required by Section 6 of Article XIII of the Oklahoma Constitution. The list shall include the textbooks and other instructional materials selected by the State Textbook Committee for use in the commo n schools of the state. E. 1. The State Department of Education, in coordina tion with the State Textbook Committee, shall approve an application process to assemble annually one or more review teams comprised of subject matter experts for each subject ar ea under review to assist the Committee in reviewing textbooks and instructional materials. The number of review teams shall be contingent on the number of subject areas under review each year. Members of the review teams shall have specific expertise in the subject areas being reviewed that year. Review teams shall consist of no less fewer than twelve members each, but may be as large as is deemed necessary by the State Textbook Committee and the State Department of Education. Subject to the availabili ty of funds within the State Department of Education, members of the review teams shall receive from the Department necessary traveling expenses while in the performance of duties pursuant to the State Travel Reimbursement Act. Req. No. 833 Page 23 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Members of review teams shall consider for recommendation textbooks and instructional materials develo ped for academically talented students including students enrolled in advanced placement courses. 3. When recommending textbooks, each review team shall: a. include only textboo ks and instructional materials that maintain that a person’s sex, as defined by Section 16 of Title 25 of the Oklahoma Statutes, is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to a person’s sex. The provisions of this subparagraph shall not apply to textbooks or instructional materials that provide instruction about individuals born with a genetically or biochemically verifiable disorder of sex development (DSD) including, but not limited to : 46,XX DSD; 46,XY DSD; sex chromosomes DSDs; XX or XY sex reversal; and ovotesticular disorder , and b. require, when appropriate for the comprehension of students, that materials for social studies, history, or civics classes contain the culturally and historically significant stories that shaped the United States including, but not limited to, the Federalist Papers, the Anti-Federalist Papers, the Req. No. 833 Page 24 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Declaration of Independence, and the United States Constitution. A reviewer may not recommend any textbook or instructional material that contains any matter reflecting on an individual in such a way that implies collective guilt upon persons because of their race, color, creed, national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation or that otherwise promotes concepts prohibited by Section 24 -157 of this title. F. The Committee shall select textbooks or series of textbooks for each subject, which, to the greatest extent possible, are aligned with the subject matter standards adopted by the State Board of Education pursuant to Section 11 -103.6 of this title. The Committee, in consultation with the State Department of Education, shall adopt a rubric to be used by the review teams as a means of evaluating textbooks submitted fo r review. The rubric shall contain a three-tiered rating system in which the first tier shall be labeled “Exemplifies Quality”, the second tier shall be labeled “Approaching Quality”, and the third tier shall be labeled “Not Representing Quality ”. The rubric shall also include, but not be limited to, criteria for alignment to subject matter standards such that all standards are present and treated with the appropriate depth to support students in learning the skills and information contained in the subjec t matter standards, as well as usability for Req. No. 833 Page 25 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 teacher planning, learning, asses sment, and differentiated instruction. The Committee, in consultation with the review teams, may include additional criteria specific to the subject area being reviewed. The rubric shall require each criterion to be scored individually with justification , and shall provide an overall recommendation for the rating. G. Review teams shall review all materials in accordance with the rubric adopted in pursuant to subsection F of this section and shall submit the review and recommended rating to the Committee. The Committee shall consider but not be required to accept the recommended rating of the review teams. The Committee may request that the review teams supply additional inform ation to support their recommendations, or the Committee may provide its own justification utilizing the adopted rubric. H. The Committee, having verified that the review process has been conducted in a scrupulous and fair manner, shall adopt a final rating for each textbook prior to including it on the textbook list required by Section 16-110 of this title. The completed rubric for each evaluated textbook , including the review team ’s recommendations, shall be made publicly available on the State Textbook Committee website. I. After a final textbook list is published, the State Textbook Committee may determine that unusual or extraordinary circumstances exist in a particular subject area during the period for which Req. No. 833 Page 26 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 textbooks have been selected for that su bject area. Unusual or extraordinary circumstances shall include , but not be limited to, significant new techniques of teaching in a particular subject area or significant new findings or discoveries in a particular subject area. Upon a determination by three-fourths (3/4) of the members of the State Textbook Committee that unusual or extraordinary circumstances exist in a particular subject area, the Committee may select one or more textbooks in that subject area for the remainder of the adoption period. J. The State Department of Education shall house the website of the State Textbook Committee on its agency website. K. Five or more district boards of education may petition the State Board of Education to add a book or series of textbooks to the approved list selected by the State Textbook Committee. L. Textbooks selected by the Committee shall be accurate, objective, balanced, noninflammatory, current, suited to the needs of students and their ability to comprehend the material presented, and free from material described in Section 1021 of Title 21 of the Oklahoma Statutes or p ornographic or obscene material as the term is used in Section 1021.2 of Title 21 of the Oklahoma Statutes. M. The State Board of Education shall promulgate rules to implement the method and time frame for handling the petitions in the most expeditious manner. Req. No. 833 Page 27 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 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. AMENDATORY 70 O.S. 2021, Section 16 -111, is amended to read as follows: Section 16-111. A. Except as otherwise provided for in subsection E of this section, the superintendent of schools of each school district in the state shall appoint a local textbook committee consisting of not fewer than three four nor more than nine twelve members. Each committee shall have one lay member four parents or legal guardians of students enrolled in the school district, with the remainder of the members being teachers employed in the public schools of the district, a majority of whom shall be classroom teachers. The superintendent of schools or a desig nee who shall be a principal or a curriculum specialist shall serve as chairperson of the local textbook committee. B. Upon the written request of any duly appointed local textbook coordinator, the publisher of a textbook selected by the State Textbook Committee shall furnish at least one examination copy of the textbook and the teacher edition of the textbook, if one is published, and a copy of software for purposes of complete demonstration and review, if available, to the school district so that the local textbook committee may examine any or all new adoptions in the subjects tau ght or to be taught in schools in the district. C. Except as otherwise provided for in subsection E of this section, on or before a date to be fixed by the State Board of Req. No. 833 Page 28 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Education, each local textbook committee shall adopt textbooks only from the list of textbooks selected by the State Textbook Committee in a manner as shall be prescribed by the State Board of Education. In order for the local textbook committee to adopt a text book that was not reviewed by the State Textbook Committee, the local textbook committee shall conduct a review process in a manner prescribed by the State Board of Education and using the same criteria provided for in Section 16-102 of this title. Each local textbook committee shall serve without compensation and shall cease to exist when local adoptions have been completed and shall be replaced by another local textbook committee appointed in the same manner as provided for in this section. D. Except as otherwise provided for in subsection E of this section, on or before a date t o be fixed by the State Board of Education, the superintendent of each school district shall submit to the State Board of Education a textbook plan outlining the estimated number of textbooks needed by the school district and the total amount of money to be expended by the district for textbooks including the allocated funds and any additional supplemental funds to be expended. The superintendent or textbook coordinator appointed by the superintendent shall place orders from the proper depository or deposi tories for all of the textbooks needed as outlined in the textbook plan by the district for the ensuing year. The superintendent of a school district or textbook coordinator may Req. No. 833 Page 29 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 order any textbooks placed on the official list of textbooks. If the order exceeds the allocation for each school district as provided in Section 16 -114a of this title, any additional funds expended shall be reported on the statement of expenditures for the district. E. 1. If a school district makes the election as provided for in subsection B of Section 16 -114a of this title, the district shall not be required to appoint a local textbook committee, adopt textbooks, submit a textbook plan, or expend mon ey on the purchase of textbooks during any fiscal year as provided for in this subsection. 2. The provisions of paragraph 1 of this subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legisla tive session during which the measure appropriating monies to the State Board of Education for the financial support of public schools is enacted as law and such appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amoun t of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. SECTION 5. This act shall become effective July 1, 2025. Req. No. 833 Page 30 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. 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. 60-1-833 EB 1/3/2025 10:07:42 AM