Bill Text For HB1810 - Introduced

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