Bill Text For HB1388 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           April 17, 2025                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 1388                  By: Hasenbeck of the House        |
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 5|                                         and                           |
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 6|                                         Reinhardt of the Senate       |
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 9|       [ schools - online safety - programs - technical                |
  |       assistance - acceptable-use policy - enforcement -              |
10|       review of policies and revisions - technology                   |
  |       protection measure standards and specifications -               |
11|       social media policy - investigations - notice of                |
  |       noncompliance - codification - effective date -                 |
12|          emergency ]                                                  |
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14|                                                                       |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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17|in the Oklahoma Statutes as Section 6-500 of Title 70, unless there    |
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18|is created a duplication in numbering, reads as follows:               |
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19|    This act shall be known and may be cited as the "Protecting        |
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20|Oklahoma's Children on Social Media Act of 2025".                      |
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21|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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22|in the Oklahoma Statutes as Section 6-501 of Title 70, unless there    |
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23|is created a duplication in numbering, reads as follows:               |
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24|    As used in this act:                                               |
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 1|    1.  "Acceptable-use policy" means a policy for Internet use        |
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 2|adopted by a public school district board of education or charter      |
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 3|school governing body that meets the requirements of this section;     |
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 4|    2.  "Account holder" means a person who is a resident of this      |
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 5|state and has an account or profile to use a social media platform;    |
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 6|    3.  "Child pornography" means any visual depiction including any   |
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 7|live performance, photograph, film, video, picture, or computer or     |
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 8|computer-generated image or picture, whether made or produced by       |
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 9|electronic, mechanical, or other means, of sexually explicit conduct   |
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10|when:                                                                  |
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11|         a.    the production of the visual depiction involves a       |
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12|              minor engaging in sexually explicit conduct,             |
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13|         b.    the visual depiction is of a minor engaging in          |
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14|              sexually explicit conduct, or                            |
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15|         c.    the visual depiction has been created, adapted, or      |
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16|              modified to appear that an identifiable minor is         |
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17|              engaging in sexually explicit conduct;                   |
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18|    4.  "Harmful to minors" means that quality of description or       |
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19|representation, in whatever form, of nudity, sexual conduct, sexual    |
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20|excitement, or sadomasochistic abuse, when:                            |
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21|         a.    taken as a whole, it predominantly appeals to the       |
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22|              prurient, shameful, or morbid interest of minors,        |
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 1|         b.    it is patently offensive to prevailing standards in     |
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 2|              the adult community as a whole with respect to what is   |
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 3|              suitable material for minors, and                        |
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 4|         c.    taken as a whole, it is lacking in serious literary,    |
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 5|              artistic, political, or scientific value for minors;     |
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 6|    5.  "Identifiable minor" means a person:                           |
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 7|         a.   (1)   who was a minor at the time the visual depiction   |
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 8|                   was created, adapted, or modified, or               |
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 9|              (2)   whose image as a minor was used in creating,       |
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10|                   adapting, or modifying the visual depiction, and    |
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11|         b.    who is recognizable as an actual person by such         |
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12|              person's face, likeness, or other distinguishing         |
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13|              physical characteristic or other recognizable physical   |
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14|              feature;                                                 |
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15|    6.  "Minor" means any individual under the age of eighteen (18)    |
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16|years;                                                                 |
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17|    7.  "Obscene material" means material which meets the following    |
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18|requirements:                                                          |
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19|         a.    to the average person, applying contemporary            |
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20|              community standards, taken as a whole, the material      |
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21|              predominantly appeals or panders to prurient interest    |
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22|              in nudity, sex, or excretion,                            |
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23|         b.    the material, taken as a whole, lacks serious           |
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 1|              literary, artistic, political, or scientific value,      |
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 2|              and                                                      |
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 3|         c.    the material depicts or describes in a patently         |
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 4|              offensive way sexual conduct as follows:                 |
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 5|              (1)   acts of sexual intercourse, heterosexual or        |
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 6|                   homosexual, normal or perverted, actual or          |
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 7|                   simulated,                                          |
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 8|              (2)   acts of masturbation,                              |
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 9|              (3)   acts involving excretory functions or lewd         |
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10|                   exhibition of the genitals,                         |
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11|              (4)   acts of bestiality or the fondling of sex organs   |
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12|                   of animals, or                                      |
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13|              (5)   sexual acts of flagellation, torture, or other     |
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14|                   violence indicating a sadomasochistic sexual        |
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15|                   relationship;                                       |
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16|    8.  "Parent" means a natural or adoptive parent, legal guardian,   |
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17|or a person who has legal authority to act on behalf of a minor        |
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18|child;                                                                 |
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19|    9.  "School equipment" means any computer or computer networking   |
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20|equipment, technology or technology-related device or service, or      |
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21|communication system or service that is operated, owned, leased, and   |
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22|made available to students by a public school district board of        |
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23|education or charter school governing body and that is used for        |
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24|                                                                       |
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 1|transmitting, receiving, accessing, viewing, hearing, downloading,     |
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 2|recording, or storing electronic communication;                        |
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 3|    10.  "Social media platform" means an online forum that allows     |
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 4|an account holder to create a profile, upload posts, view and listen   |
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 5|to posts, form mutual connections, and interact publicly and           |
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 6|privately with other account holders and users.  Such term shall not   |
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 7|include an online service, website, or application where the           |
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 8|predominant or exclusive function is any of the following:             |
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 9|         a.    email,                                                  |
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10|         b.    a service that, pursuant to its terms of use, does      |
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11|              not permit minors to use the platform and utilizes       |
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12|              commercially reasonable age assurance mechanisms to      |
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13|              deter minors from becoming account holders,              |
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14|         c.    a streaming service that provides only licensed media   |
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15|              that is not user-generated in a continuous flow from     |
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16|              the service, website, or application to the end user     |
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17|              and does not obtain a license to the media from a user   |
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18|              or account holder by agreement to its terms of           |
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19|              service,                                                 |
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20|         d.    news, sports, entertainment, or other content that is   |
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21|              preselected by the provider and not user-generated,      |
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22|              and any chat, comment, or interactive functionality      |
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23|              that is provided incidental to or directly or            |
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24|              indirectly related to such content,                      |
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 1|         e.    online shopping or e-commerce, if the interaction       |
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 2|              with other users or account holders is generally         |
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 3|              limited to the ability to upload a post and comment on   |
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 4|              reviews, the ability to display lists or collections     |
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 5|              of goods for sale or wish lists, and other functions     |
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 6|              that are focused on online shopping or e-commerce        |
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 7|              rather than interaction between users or account         |
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 8|              holders,                                                 |
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 9|         f.    interactive gaming, virtual gaming, or an online        |
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10|              service, website, or application that allows the         |
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11|              creation and uploading of content for the purpose of     |
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12|              interactive gaming, educational entertainment, or        |
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13|              associated entertainment, and communications related     |
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14|              to that content,                                         |
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15|         g.    photograph editing that has an associated photograph    |
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16|              hosting service if the interaction with other users or   |
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17|              account holders is generally limited to liking or        |
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18|              commenting,                                              |
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19|         h.    single-purpose community groups for public safety if    |
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20|              the interaction with other users or account holders is   |
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21|              limited to that single purpose and the community group   |
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22|              has guidelines or policies against illegal content,      |
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23|         i.    business-to-business software,                          |
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 1|         j.    teleconferencing or videoconferencing services that     |
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 2|              allow reception and transmission of audio and video      |
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 3|              signals for real-time communication,                     |
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 4|         k.    cloud storage,                                          |
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 5|         l.    shared document collaboration,                          |
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 6|         m.    cloud computing services, which may include cloud       |
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 7|              storage and shared document collaboration,               |
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 8|         n.    providing access to or interacting with data            |
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 9|              visualization platforms, libraries, or hubs,             |
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10|         o.    permitting comments on a digital news website if the    |
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11|              news content is posted only by the provider of the       |
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12|              digital news website,                                    |
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13|         p.    providing or obtaining technical support for a          |
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14|              platform, product, or service,                           |
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15|         q.    academic, scholarly, or genealogical research where     |
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16|              the majority of the content is created or posted by      |
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17|              the provider of the online service, website, or          |
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18|              application and the ability to chat, comment, or         |
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19|              interact with other users is directly related to the     |
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20|              provider's content,                                      |
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21|         r.    Internet access and broadband service,                  |
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22|         s.    a classified advertising service in which the           |
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23|              provider of the online service, website, or              |
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24|              application is limited to all of the following:          |
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 1|              (1)   permitting only the sale of goods,                 |
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 2|              (2)   prohibiting the solicitation of personal           |
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 3|                   services,                                           |
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 4|              (3)   posting or creating a substantial amount of the    |
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 5|                   content, and                                        |
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 6|              (4)   providing the ability to chat, comment, or         |
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 7|                   interact with other users only if it is directly    |
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 8|                   related to the provider's content,                  |
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 9|         t.    an online service, website, or application that is      |
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10|              used by or under the direction of a public school        |
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11|              district or charter school in this state including a     |
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12|              learning management system, student engagement           |
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13|              program, or subject- or skill-specific program where     |
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14|              the majority of the content is created or posted by      |
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15|              the provider of the online service, website, or          |
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16|              application and the ability to chat, comment, or         |
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17|              interact with other users is directly related to the     |
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18|              provider's content,                                      |
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19|         u.    peer-to-peer payments, provided that interactions       |
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20|              among users or account holders are generally limited     |
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21|              to the ability to send, receive, or request funds;       |
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22|              like or comment on such transactions; or other           |
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23|              functions related to sending, receiving, requesting,     |
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 1|              or settling payments among users or account holders,     |
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 2|              or                                                       |
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 3|         v.    career development opportunities including              |
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 4|              professional networking, job skills, learning            |
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 5|              certifications, and job posting and application          |
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 6|              services;                                                |
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 7|    11.  "Technology protection measure" means a technology that       |
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 8|inspects and analyzes unencrypted Internet traffic for malware and     |
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 9|that blocks or filters electronic access to obscene materials, child   |
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10|pornography, or material that is harmful to minors; and                |
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11|    12.  "User" means a person who has access to view all or some of   |
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12|the posts on a social media platform but who is not an account         |
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13|holder.                                                                |
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14|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 6-502 of Title 70, unless there    |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  1.  The State Department of Education shall develop model      |
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18|programs for educating students regarding online safety while using    |
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19|the Internet, taking into consideration educational materials on       |
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20|this topic developed by other states as well as any other materials    |
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21|suggested by education experts, child psychologists, and technology    |
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22|companies that promote child online safety issues.                     |
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 1|    2.  The model programs provided for in this section shall          |
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 2|include one or more model programs for students in grades six          |
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 3|through twelve which:                                                  |
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 4|         a.    shall include instruction regarding:                    |
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 5|              (1)   the social, emotional, and physical effects of     |
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 6|                   social media on users,                              |
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 7|              (2)   the effects of social media on the mental health   |
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 8|                   of users, particularly teenagers,                   |
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 9|              (3)   the distribution of disinformation and             |
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10|                   misinformation on social media,                     |
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11|              (4)   how social media influences thoughts and           |
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12|                   behaviors,                                          |
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13|              (5)   the permanency and risks of sharing materials      |
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14|                   online,                                             |
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15|              (6)   how to maintain personal security and identify     |
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16|                   cyberbullying, predatory behavior, and human        |
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17|                   trafficking on the Internet and social media, and   |
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18|              (7)   how to report suspicious behavior encountered on   |
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19|                   the Internet and social media to appropriate        |
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20|                   persons and authorities, and                        |
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21|         b.    may include information regarding the benefits of       |
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22|              social media use, such as supporting career readiness    |
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23|              for future academic or employment opportunities,         |
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 1|              sharing information with familiar family and friends,    |
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 2|              and safely connecting with other users with similar      |
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 3|              interests.                                               |
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 4|    B.  The State Department of Education shall periodically update    |
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 5|the model programs provided for in this section to reflect changes     |
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 6|in Internet and social media use, emergent technologies, social and    |
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 7|psychological research, and information concerning new threats to      |
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 8|teenagers and young adults using social media platforms and other      |
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 9|online communication technologies.                                     |
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10|    C.  The State Department of Education shall publish on its         |
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11|website information relating to the model programs provided for in     |
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12|this section including recommended curricula and instructional         |
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13|materials as updated periodically as provided in this section.  The    |
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14|Department shall provide technical assistance in addition to such      |
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15|model programs and recommended curricula and instructional materials   |
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16|to aid any public school district board of education or charter        |
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17|school governing body that may elect to incorporate one or more        |
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18|components of Internet and social media safety into its                |
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19|instructional program.                                                 |
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20|    D.  Each public school district board of education or charter      |
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21|school governing body may incorporate into its instructional program   |
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22|a component on online Internet safety including social media safety    |
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23|to be taught on a schedule as determined by the public school          |
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24|district board of education or charter school governing body.          |
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 1|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 2|in the Oklahoma Statutes as Section 6-503 of Title 70, unless there    |
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 3|is created a duplication in numbering, reads as follows:               |
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 4|    A.  No later than October 1, 2025, each public school district     |
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 5|board of education or charter school governing body shall adopt an     |
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 6|acceptable-use policy.  At a minimum, an acceptable-use policy shall   |
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 7|contain provisions which are reasonably designed to:                   |
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 8|    1.  Prevent and prohibit any school equipment from being used      |
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 9|for accessing, sending, receiving, viewing, or downloading obscene     |
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10|materials, child pornography, or material that is harmful to minors;   |
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11|    2.  Establish appropriate measures to be taken by the public       |
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12|school district or charter school in response to:                      |
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13|         a.    students and school employees who intentionally         |
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14|              violate the acceptable-use policy, regardless of         |
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15|              whether such student or school employee was, at the      |
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16|              time of such violation, on school property, on a         |
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17|              school bus or other school vehicle, at a                 |
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18|              school-related function, or elsewhere, provided that     |
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19|              such measures include disciplinary measures, and         |
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20|         b.    any person who is not a student or school employee      |
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21|              who violates the acceptable-use policy, regardless of    |
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22|              whether such person was, at the time of such             |
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23|              violation, on school property, on a school bus or        |
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24|                                                                       |
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 1|              other school vehicle, at a school-related function, or   |
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 2|              elsewhere;                                               |
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 3|    3.  Provide for administrative procedures to enforce the           |
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 4|acceptable-use policy;                                                 |
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 5|    4.  Provide for administrative procedures to address complaints    |
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 6|regarding possible violations of the acceptable-use policy which, at   |
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 7|a minimum, require that each complaint is responded to in writing by   |
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 8|an appropriate public school district or charter school official;      |
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 9|and                                                                    |
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10|    5.  Provide for expedited review and resolution of a claim that    |
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11|the application of the acceptable-use policy is denying a student or   |
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12|school employee access to material that is not within the              |
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13|prohibitions of the acceptable-use policy.                             |
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14|    B.  The acceptable-use policy provided for in subsection A of      |
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15|this section may include terms, conditions, and requirements deemed    |
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16|appropriate by the public school district board of education or        |
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17|charter school governing body to differentiate acceptable uses among   |
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18|elementary, middle, and high school students and among different age   |
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19|groups; provided, however, that any public school district board of    |
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20|education or charter school governing body that authorizes such        |
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21|differentiation shall articulate in its acceptable-use policy the      |
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22|rationale for each method of differentiation included in such          |
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23|acceptable-use policy.                                                 |
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24|                                                                       |
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 1|    C.  Each public school district board of education or charter      |
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 2|school governing body shall provide reasonable opportunities and       |
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 3|procedures for parents of current students to confer and collaborate   |
  |                                                                       |
 4|with school administrators and teachers regarding appropriate          |
  |                                                                       |
 5|Internet access for such students.                                     |
  |                                                                       |
 6|    D.  Each public school district board of education or charter      |
  |                                                                       |
 7|school governing body and school district superintendent or charter    |
  |                                                                       |
 8|school administrator shall take such steps as are necessary and        |
  |                                                                       |
 9|appropriate to implement and enforce the acceptable-use policy,        |
  |                                                                       |
10|which shall include, but not be limited to, providing for the          |
  |                                                                       |
11|adoption, use, and routine upgrading of technology protection          |
  |                                                                       |
12|measures which meet or exceed compliance standards and                 |
  |                                                                       |
13|specifications established by the State Department of Education.       |
  |                                                                       |
14|    E.  Each public school district and charter school shall           |
  |                                                                       |
15|provide, upon written request of a parent, a copy of the               |
  |                                                                       |
16|acceptable-use policy adopted pursuant to subsection B of this         |
  |                                                                       |
17|section and information regarding the administrative procedures in     |
  |                                                                       |
18|effect to enforce the acceptable-use policy and to address             |
  |                                                                       |
19|complaints about enforcement.                                          |
  |                                                                       |
20|    F.  By October 15, 2025, and each October 15 thereafter, each      |
  |                                                                       |
21|public school district board of education or charter school            |
  |                                                                       |
22|governing body shall electronically submit a copy of its               |
  |                                                                       |
23|acceptable-use policy to the State Board of Education.  The            |
  |                                                                       |
24|submission shall include the identification of the technology          |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 14
___________________________________________________________________________

 1|protection measures being used, if such measures are being used as     |
  |                                                                       |
 2|provided for in Section 5 of this act.                                 |
  |                                                                       |
 3|    G.  The State Board of Education shall review each                 |
  |                                                                       |
 4|acceptable-use policy and any subsequent revisions submitted           |
  |                                                                       |
 5|pursuant to subsection H of this section.  If the Board determines     |
  |                                                                       |
 6|after review that a policy, technology protection measure, or          |
  |                                                                       |
 7|revision is not reasonably designed to achieve the requirements of     |
  |                                                                       |
 8|this section, the Board shall provide written notice to the public     |
  |                                                                       |
 9|school district board of education or charter school governing body    |
  |                                                                       |
10|explaining the nature of such noncompliance, and the public school     |
  |                                                                       |
11|district board of education or charter school governing body shall     |
  |                                                                       |
12|have thirty (30) days from the receipt of written notice to correct    |
  |                                                                       |
13|such noncompliance.  The Board may provide an extension to the         |
  |                                                                       |
14|thirty-day period on a showing of good cause.                          |
  |                                                                       |
15|    H.  No revision of an acceptable-use policy submission which has   |
  |                                                                       |
16|been approved by the State Board of Education pursuant to subsection   |
  |                                                                       |
17|G of this section shall be implemented until such revision is          |
  |                                                                       |
18|approved by the Board.  If the Board fails to disapprove the           |
  |                                                                       |
19|revision within sixty (60) days after the submission is received,      |
  |                                                                       |
20|the public school district board of education or charter school        |
  |                                                                       |
21|governing body may proceed with the implementation of the revision.    |
  |                                                                       |
22|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
23|in the Oklahoma Statutes as Section 6-504 of Title 70, unless there    |
  |                                                                       |
24|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 15
___________________________________________________________________________

 1|    A.  By April 1, 2026, and by each April 1 thereafter, the State    |
  |                                                                       |
 2|Department of Education shall establish compliance standards and       |
  |                                                                       |
 3|specifications for technology protection measures that may be used     |
  |                                                                       |
 4|by public school districts and charter schools in this state.  To      |
  |                                                                       |
 5|the extent practicable, such compliance standards and specifications   |
  |                                                                       |
 6|for technology protection measures shall include measures and          |
  |                                                                       |
 7|controls for parents of current students to supervise and manage       |
  |                                                                       |
 8|appropriate Internet access by such students who are using a           |
  |                                                                       |
 9|school-issued computer or other electronic device while not on         |
  |                                                                       |
10|school property, not on a school bus or other school vehicle, or not   |
  |                                                                       |
11|at a school-related function.                                          |
  |                                                                       |
12|    B.  The State Department of Education shall publish on its         |
  |                                                                       |
13|website a list of technology protection measures that meet the         |
  |                                                                       |
14|compliance standards and specifications established pursuant to        |
  |                                                                       |
15|subsection A of this section that public school districts and          |
  |                                                                       |
16|charter schools may install on each computer or other electronic       |
  |                                                                       |
17|device issued to students for off-campus use.  The Department shall    |
  |                                                                       |
18|annually require each technology protection measure provider to        |
  |                                                                       |
19|verify that the measures it provides meet or exceed the standards      |
  |                                                                       |
20|and specifications established pursuant to subsection A of this        |
  |                                                                       |
21|section.  The Department may provide information to public school      |
  |                                                                       |
22|districts and charter schools regarding state contracts with           |
  |                                                                       |
23|technology protection measure providers.  The Department shall         |
  |                                                                       |
24|prioritize the identification of technology protection measure         |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 16
___________________________________________________________________________

 1|providers that include parental measures and controls as provided      |
  |                                                                       |
 2|for in this section.                                                   |
  |                                                                       |
 3|    C.  The Department shall provide guidance and technical            |
  |                                                                       |
 4|assistance to assist public school districts and charter schools in    |
  |                                                                       |
 5|complying with this section.                                           |
  |                                                                       |
 6|    D.  By December 1, 2025, the Department shall develop guidelines   |
  |                                                                       |
 7|for the training of public school district and charter school          |
  |                                                                       |
 8|personnel.  The training guidelines shall include instruction in:      |
  |                                                                       |
 9|    1.  Implementing and complying with acceptable-use policies        |
  |                                                                       |
10|required by Section 4 of this act;                                     |
  |                                                                       |
11|    2.  Basic cybersecurity issues pertinent to public school          |
  |                                                                       |
12|districts and charter schools, students, and educators including,      |
  |                                                                       |
13|but not limited to, phishing and multifactor authentication; and       |
  |                                                                       |
14|    3.  Other current and emerging issues and topics which address     |
  |                                                                       |
15|the safe and secure use of technology by students and educators.       |
  |                                                                       |
16|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
17|in the Oklahoma Statutes as Section 6-505 of Title 70, unless there    |
  |                                                                       |
18|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
19|    A.  By April 1, 2026, each public school district board of         |
  |                                                                       |
20|education or charter school governing body shall adopt a social        |
  |                                                                       |
21|media policy which shall:                                              |
  |                                                                       |
22|    1.   a.    except as provided in subparagraph b of this            |
  |                                                                       |
23|              paragraph, prohibit students from accessing social       |
  |                                                                       |
24|              media platforms through the use of computer equipment,   |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 17
___________________________________________________________________________

 1|              communications services, or Internet access that is      |
  |                                                                       |
 2|              operated, owned, leased, and made available to           |
  |                                                                       |
 3|              students by the public school district or charter        |
  |                                                                       |
 4|              school or the public school district board of            |
  |                                                                       |
 5|              education or charter school governing body, and          |
  |                                                                       |
 6|         b.    to the extent authorized by such social media policy,   |
  |                                                                       |
 7|              students shall be permitted to access social media       |
  |                                                                       |
 8|              platforms only:                                          |
  |                                                                       |
 9|              (1)   as directed by school personnel,                   |
  |                                                                       |
10|              (2)   for the exclusive purpose of accessing and         |
  |                                                                       |
11|                   utilizing age-appropriate educational resources,    |
  |                                                                       |
12|              (3)   under the supervision of such school personnel,    |
  |                                                                       |
13|                   and                                                 |
  |                                                                       |
14|              (4)   during the course of a school-related activity;    |
  |                                                                       |
15|    2.  Establish appropriate measures to be taken when a student      |
  |                                                                       |
16|violates such policy; and                                              |
  |                                                                       |
17|    3.  Establish procedures for parents to:                           |
  |                                                                       |
18|         a.    request information from school personnel about what    |
  |                                                                       |
19|              social media platforms have been or are intended to be   |
  |                                                                       |
20|              accessed as provided in subparagraph b of paragraph 1    |
  |                                                                       |
21|              of this subsection, and                                  |
  |                                                                       |
22|         b.    prohibit their child from accessing one or more         |
  |                                                                       |
23|              social media platforms as provided in subparagraph b     |
  |                                                                       |
24|              of paragraph 1 of this subsection.                       |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 18
___________________________________________________________________________

 1|    B.  A public school district board of education or charter         |
  |                                                                       |
 2|school governing body shall take such steps as it deems appropriate    |
  |                                                                       |
 3|to implement and enforce its social media policy, which shall          |
  |                                                                       |
 4|include, but shall not be limited to:                                  |
  |                                                                       |
 5|    1.  Use of software programs and other technologies reasonably     |
  |                                                                       |
 6|designed and intended to block and monitor access to social media      |
  |                                                                       |
 7|platforms; and                                                         |
  |                                                                       |
 8|    2.  Selection of online servers that block and monitor access to   |
  |                                                                       |
 9|social media platforms.                                                |
  |                                                                       |
10|    C.  Each public school district and charter school shall publish   |
  |                                                                       |
11|on its website a copy of the social media policy adopted pursuant to   |
  |                                                                       |
12|this section and shall provide a paper copy upon written request of    |
  |                                                                       |
13|a parent of an enrolled student.                                       |
  |                                                                       |
14|    D.  The State Department of Education may consult with and         |
  |                                                                       |
15|assist a public school district board of education or charter school   |
  |                                                                       |
16|governing body in developing and implementing a social media policy    |
  |                                                                       |
17|pursuant to this section.                                              |
  |                                                                       |
18|    E.  By April 15, 2026, each public school district board of        |
  |                                                                       |
19|education or charter school governing body shall electronically        |
  |                                                                       |
20|submit a copy of its social media policy to the State Department of    |
  |                                                                       |
21|Education for compliance review.  Such submission shall identify any   |
  |                                                                       |
22|software program or other technology that is being or will be          |
  |                                                                       |
23|utilized to block access to social media platforms in accordance       |
  |                                                                       |
24|with subsection B of this section.                                     |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 19
___________________________________________________________________________

 1|    F.  The State Department of Education shall review each social     |
  |                                                                       |
 2|media policy and any subsequent revisions electronically submitted     |
  |                                                                       |
 3|pursuant to subsection E of this section.  If the Department           |
  |                                                                       |
 4|determines after compliance review that a policy or revision thereof   |
  |                                                                       |
 5|is not reasonably designed to achieve the requirements of this         |
  |                                                                       |
 6|section, it shall provide written notice of noncompliance to the       |
  |                                                                       |
 7|public school district board of education or charter school            |
  |                                                                       |
 8|governing body as provided for in subsection H of this section.        |
  |                                                                       |
 9|    G.  No revision of a social media policy which has been deemed     |
  |                                                                       |
10|compliant pursuant to subsection H of this section shall be            |
  |                                                                       |
11|implemented until such revision is reviewed by the State Department    |
  |                                                                       |
12|of Education.  If the Department fails to provide a notice of          |
  |                                                                       |
13|noncompliance for the revision within sixty (60) days of its           |
  |                                                                       |
14|receipt, the public school district board of education or charter      |
  |                                                                       |
15|school governing body may proceed with the implementation of the       |
  |                                                                       |
16|revision.                                                              |
  |                                                                       |
17|    H.  1.  The State Department of Education shall be responsible     |
  |                                                                       |
18|for conducting any necessary investigations and making written         |
  |                                                                       |
19|determinations as to whether a public school district board of         |
  |                                                                       |
20|education or charter school governing body has failed to comply with   |
  |                                                                       |
21|the requirements of this section.                                      |
  |                                                                       |
22|    2.  If the Department determines that a public school district     |
  |                                                                       |
23|board of education or charter school governing body has failed to      |
  |                                                                       |
24|comply with the requirements of this section, it shall provide a       |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 20
___________________________________________________________________________

 1|written notice of noncompliance to the board of education or charter   |
  |                                                                       |
 2|school governing body and the board or governing body shall have       |
  |                                                                       |
 3|thirty (30) days from the receipt of such notice to correct such       |
  |                                                                       |
 4|noncompliance and to develop a corrective action plan for preventing   |
  |                                                                       |
 5|future recurrences.  The Department may extend such thirty-day         |
  |                                                                       |
 6|period upon a showing of good cause by the local governing body.       |
  |                                                                       |
 7|    SECTION 7.  This act shall become effective July 1, 2025.          |
  |                                                                       |
 8|    SECTION 8.  It being immediately necessary for the preservation    |
  |                                                                       |
 9|of the public peace, health, or safety, an emergency is hereby         |
  |                                                                       |
10|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
11|be in full force from and after its passage and approval.              |
  |                                                                       |
12|COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS    |
  |April 17, 2025 - DO PASS AS AMENDED BY CS                              |
13|                                                                       |
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14|                                                                       |
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15|                                                                       |
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16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid13440637 SENATE FLOOR VERSION - HB1388 SFLR                   Page 21
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