1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1810 By: Conley | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; defining terms; | | prohibiting sensitive materials in the school | 8| setting; requiring inclusion of certain parents when | | determining if an instructional material is sensitive | 9| material; assigning training and reporting duties to | | State Board of Education; authorizing promulgation of | 10| rules; providing for codification; and providing an | | effective date. | 11| | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 11-106.2 of Title 70, unless | | | 17|there is created a duplication in numbering, reads as follows: | | | 18| A. As provided in this section: | | | 19| 1. "Instructional material" means a material, regardless of | | | 20|format, used: | | | 21| a. as or in place of textbooks to deliver curriculum for | | | 22| courses of study by students, or | | | 23| b. to support a student's learning in the school | | | 24| setting. | | | Req. No. 5963 Page 1 ___________________________________________________________________________
1| Instructional material includes reading materials, handouts, | | | 2|videos, digital materials, websites, online applications, and live | | | 3|presentations; | | | 4| 2. "Governing board" means: | | | 5| a. for a school district, the school district board of | | | 6| education, | | | 7| b. for a charter school or virtual charter school, the | | | 8| charter school or virtual charter school governing | | | 9| board, or | | | 10| c. for the Oklahoma School for the Deaf and the Oklahoma | | | 11| School for the Blind, the Department of Rehabilitation | | | 12| Services; | | | 13| 3. "Minor" means any person who is younger than eighteen (18) | | | 14|years of age; | | | 15| 4. "Public school" means a school district school, charter | | | 16|school, virtual charter school, the Oklahoma School for the Deaf, or | | | 17|the Oklahoma School for the Blind; | | | 18| 5. "School setting" means in a classroom, in a school library, | | | 19|or on school property. School setting includes the following | | | 20|activities that an organization or individual or organization | | | 21|outside of a public school conducts, if a public school sponsors or | | | 22|requires the activity: | | | 23| a. an assembly, | | | 24| b. a guest lecture, | | | Req. No. 5963 Page 2 ___________________________________________________________________________
1| c. a live presentation, or | | | 2| d. an event; and | | | 3| 6. "Sensitive material" means an instructional material that is | | | 4|child pornography or obscene material as both are defined in Section | | | 5|1024.1 of Title 21 of the Oklahoma Statutes. Sensitive material | | | 6|shall not include instructional material: | | | 7| a. for medical courses, | | | 8| b. for family and consumer science courses, or | | | 9| c. for another course the State Board of Education | | | 10| exempts by rule. | | | 11| B. Sensitive materials shall be prohibited in the school | | | 12|setting. A public school shall not: | | | 13| 1. Adopt, use, distribute, provide a student access to, or | | | 14|maintain in the school setting, sensitive materials; or | | | 15| 2. Permit a speaker or presenter in the school setting to | | | 16|display or distribute sensitive materials. | | | 17| C. A governing board shall include parents who are reflective | | | 18|of the members of the school's community when determining if an | | | 19|instructional material is sensitive material. | | | 20| D. The State Board of Education shall: | | | 21| 1. Provide guidance and training to support public schools in | | | 22|identifying instructional materials; and | | | 23| | | | 24| | | | Req. No. 5963 Page 3 ___________________________________________________________________________
1| 2. Report to the Speaker of the House of Representatives and | | | 2|the President Pro Tempore of the Senate, on or before February 1, | | | 3|2024, on implementation and compliance with this section, including: | | | 4| a. any policy the Board or a governing board adopts to | | | 5| implement or comply with this section, | | | 6| b. any rule the Board promulgates to implement or comply | | | 7| with this section, and | | | 8| c. any complaints a governing board or the Board | | | 9| receives regarding a violation of this section, | | | 10| including: | | | 11| (1) action taken in response to a complaint, and | | | 12| (2) if a governing board retains an instructional | | | 13| material for which the governing board or the | | | 14| Board receives a complaint, the rationale for | | | 15| retaining the instructional material. | | | 16| E. The Board may promulgate rules to implement the provisions | | | 17|of this section. | | | 18| SECTION 2. This act shall become effective November 1, 2023. | | | 19| | | | 20| 59-1-5963 EK 01/15/23 | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5963 Page 4