Req. No. 1091 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 408 By: Boren AS INTRODUCED An Act relating to higher education; defining term; prohibiting certain institutions from taking certain actions due to a student ’s pregnancy; requiring an institution to make reasonable accommodations for pregnant students; providing for reasonable accommodations; providing for certain leave of absence to prepare for and take certain examinations; providing for certain leave of absence exte nsion; requiring an enrolled student who takes certain leave of absence to return to certain program after certain period of time; providing exemption; directing certain consideration; directing certain office to investigate complaints and facilitate forwa rding of certain complaints; requiring institutions to have certain written policies and procedures; requiring a copy of policies and procedures to be made available to faculty, staff, employees, and students; providing for codification; providing an effec tive date; and declaring an emergency. BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3251 of Title 70, unless there is created a duplication in numbering, reads as follows: A. As used in this section, “institution” means: Req. No. 1091 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 1. An institution within The Oklahoma State System of Higher Education; or 2. A private institution of higher learning located within this state and accredited pursuant to Section 4103 of Title 70 of the Oklahoma Statutes that re ceives awards pursuant to Section 2604 of Title 70 of the Oklahoma Statutes, Oklahoma Tuition Equalization Grants pursuant to Section 2632 of Title 70 of the Oklahoma Statutes, or other scholarships or tuition aid funded with state appropriations. B. An institution, including the faculty, staff, or other employees of the institution, shall not require an enrolled student to take a leave of absence, withdraw from a program, or lim it her studies solely due to pregnancy. An institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant students so they may complete their courses of study and research. Reasonable accommodation within the meaning of this subsection may include , but is not limited to: 1. Allowances for the pregnant student ’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances; 2. Allowing the student to make up tests and assignments that are missed for pregnancy -related reasons; or Req. No. 1091 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 3. Allowing a student to take a leave of absence. Reasonable accommodations shall include the excusing of absences that are medically necessary consistent with the laws of this state . C. An enrolled student who chooses to take a leave of absence because she is pregnant or has recently given birth shall be allowed a period consistent with the policies of the institution, or a period of six (6) additional months, whichever is longer, t o prepare for and take preliminary and qualifying examinations and an extension of at least six (6) months toward completing the degree, or while in candidacy for a degree, unless a longer extension is medically necessary. D. An enrolled student who choos es to take a leave of absence because she is pregnant or has recently given birth shall return to her program following a leave period of up to one academic semester, unless there is a medical reason for a longer absence, in which case her standing in the program shall be maintained during that period of absence. E. The institution shall consider the student ’s requests for housing accommodation due to her pregnancy. F. The Office of Civil Rights Enforcement within the Office of the Attorney General shall investigate complaints from students alleging pregnancy discrimination in violation of this act. The Office of Civil Rights Enforcement within the Office of the Attorney General shall facilitate the forwarding of complaints to the U.S. Req. No. 1091 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 Department of Education’s Office for Civil Rights to investigate the institution’s compliance with Title IX of the Education Amendments of 1972, 20 U.S.C., Section 1681 et seq. G. Each institution shall have a written policy for enrolled students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or this section. A copy of this policy shall be made available to faculty, staff, and employees in their required training. The policy shall be included in the student handbook and the institution ’s policies and procedures and made available to all s tudents attending the institution. SECTION 2. This act shall become effective July 1, 2025. SECTION 3. It being immediately necessary for the pr eservation 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. 60-1-1091 EB 1/7/2025 7:42:47 AM