1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1339 By: Rosecrants | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; amending 70 O.S. 2021, | | Section 24-157, which relates to prohibited course | 8| concepts; requiring written notification when an | | alleged violation is being investigated by the State | 9| Department of Education; specifying who to notify; | | mandating an opportunity to provide a written | 10| statement; providing for applicability of certain | | rights and laws in certain suspension or revocation | 11| proceedings; directing written notification to | | certain school officials when an alleged violation is | 12| being investigated; requiring an opportunity to | | provide a written statement; mandating written notice | 13| prior to reclassification of accreditation status; | | prescribing compliance with certain rules and laws; | 14| providing an effective date; and declaring an | | emergency. | 15| | | | 16| | | | 17| | | | 18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 19| SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-157, is | | | 20|amended to read as follows: | | | 21| Section 24-157. A. 1. No enrolled student of an institution | | | 22|of higher education within The Oklahoma State System of Higher | | | 23|Education shall be required to engage in any form of mandatory | | | 24|gender or sexual diversity training or counseling; provided, | | | Req. No. 5948 Page 1 ___________________________________________________________________________
1|voluntary counseling shall not be prohibited. Any orientation or | | | 2|requirement that presents any form of race or sex stereotyping or a | | | 3|bias on the basis of race or sex shall be prohibited. | | | 4| 2. Pursuant to the provisions of the Administrative Procedures | | | 5|Act, the Oklahoma State Regents for Higher Education shall | | | 6|promulgate rules, subject to approval by the Legislature, to | | | 7|implement the provisions of this subsection. | | | 8| B. The provisions of this subsection shall not prohibit the | | | 9|teaching of concepts that align to the Oklahoma Academic Standards. | | | 10| 1. No teacher, administrator, or other employee of a school | | | 11|district, charter school, or virtual charter school shall require or | | | 12|make part of a course the following concepts: | | | 13| a. one race or sex is inherently superior to another | | | 14| race or sex, | | | 15| b. an individual, by virtue of his or her race or sex, | | | 16| is inherently racist, sexist or oppressive, whether | | | 17| consciously or unconsciously, | | | 18| c. an individual should be discriminated against or | | | 19| receive adverse treatment solely or partly because of | | | 20| his or her race or sex, | | | 21| d. members of one race or sex cannot and should not | | | 22| attempt to treat others without respect to race or | | | 23| sex, | | | 24| | | | Req. No. 5948 Page 2 ___________________________________________________________________________
1| e. an individual's moral character is necessarily | | | 2| determined by his or her race or sex, | | | 3| f. an individual, by virtue of his or her race or sex, | | | 4| bears responsibility for actions committed in the past | | | 5| by other members of the same race or sex, | | | 6| g. any individual should feel discomfort, guilt, anguish | | | 7| or any other form of psychological distress on account | | | 8| of his or her race or sex, or | | | 9| h. meritocracy or traits such as a hard work ethic are | | | 10| racist or sexist or were created by members of a | | | 11| particular race to oppress members of another race. | | | 12| 2. The State Board of Education shall promulgate rules, subject | | | 13|to approval by the Legislature, to implement the provisions of this | | | 14|subsection. | | | 15| C. If an employee of a school district, charter school, or | | | 16|virtual charter school is accused of violating paragraph 1 of | | | 17|subsection B of this section, the school employee and administrator | | | 18|of the school district, charter school, or virtual charter school | | | 19|shall be notified in writing that an alleged violation is being | | | 20|investigated by the State Department of Education. The Department | | | 21|shall give the school employee and school district, charter school, | | | 22|or virtual charter school administrator an opportunity to provide a | | | 23|written statement about the alleged violation to be included in the | | | 24|investigation. Once the investigation is completed, if the | | | Req. No. 5948 Page 3 ___________________________________________________________________________
1|Department makes a determination to initiate proceedings to suspend | | | 2|or revoke the license or certificate of the school employee, the due | | | 3|process rights afforded to certificate or license holders, as well | | | 4|as state and federal rules and laws shall apply to any suspension or | | | 5|revocation proceedings. | | | 6| D. If a school district, charter school, or virtual charter | | | 7|school is accused of violating paragraph 1 of subsection B of this | | | 8|section, the administrator and board of education or governing board | | | 9|of the school district, charter school, or virtual charter school | | | 10|shall be notified in writing that an alleged violation is being | | | 11|investigated by the State Department of Education. The Department | | | 12|shall give a representative of the school district, charter school, | | | 13|or virtual charter school an opportunity to provide a written | | | 14|statement about the alleged violation to be included in the | | | 15|investigation. Once the investigation is completed, if the State | | | 16|Board of Education makes a determination to reclassify the | | | 17|accreditation status of the school district, charter school, or | | | 18|virtual charter school, the Board shall provide prior written notice | | | 19|of any meeting, hearing, or vote to the school district, charter | | | 20|school, or virtual charter school, and comply with state and federal | | | 21|rules and laws applicable to school accreditation. | | | 22| SECTION 2. This act shall become effective July 1, 2023. | | | 23| SECTION 3. It being immediately necessary for the preservation | | | 24|of the public peace, health or safety, an emergency is hereby | | | Req. No. 5948 Page 4 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4| 59-1-5948 EK 01/13/23 | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5948 Page 5