Bill Text For HB1811 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 1811                      By: Conley                        |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to schools; prohibiting schools from            |
  |       maintaining certain books or materials; requiring               |
 8|       school board to approve a written policy establishing           |
  |       the process to challenge certain materials;                     |
 9|       prohibiting certain materials; providing for                    |
  |       notification; specifying who can file a complaint;              |
10|       listing contents of complaint; directing review of              |
  |       complaints; requiring notice of final determination             |
11|       within certain time; limiting certain materials                 |
  |       unless parent or legal guardian provides written                |
12|       permission; authorizing appeal to State Board of                |
  |       Education; directing Board to promulgate rules for              |
13|       appeals process; permitting filing of certain civil             |
  |       action in district court; providing for certain                 |
14|       injunctive relief; providing exception for materials            |
  |       approved by the State Textbook Committee; providing             |
15|       for codification; and declaring an emergency.                   |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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20|in the Oklahoma Statutes as Section 11-203 of Title 70, unless there   |
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21|is created a duplication in numbering, reads as follows:               |
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22|    A.  No public school district, public charter school, or public    |
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23|school library shall maintain in its inventory or promote books or     |
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24|materials that violate Title 21 of the Oklahoma Statutes.              |
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   Req. No. 5964                                                   Page 1
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 1|    B.  There shall be a written policy, approved by the school        |
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 2|district board of education, which establishes the process to          |
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 3|challenge materials in the media program and materials used by         |
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 4|teachers in classrooms.  At a minimum, the written policy shall:       |
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 5|    1.  Prohibit materials which violate state laws on child           |
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 6|pornography and obscene material as defined in Section 1024.1 of       |
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 7|Title 21 of the Oklahoma Statutes; and                                 |
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 8|    2.  Provide methods to notify parents, legal guardians, and        |
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 9|students about the process for challenging materials.                  |
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10|    C.  Any parent or legal guardian of a minor student or an adult    |
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11|student enrolled in the school district may file a complaint to        |
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12|challenge media program and classroom materials which are not          |
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13|subject to review and approval by the State Textbook Committee and     |
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14|which are located within the school building that the student          |
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15|attends.  The complaint shall:                                         |
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16|    1.  Be in writing on a form prescribed by the school district;     |
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17|    2.  Be specific as to the material being challenged and the        |
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18|reasons for the challenge; and                                         |
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19|    3.  Be distributed to the school district board of education,      |
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20|the school librarian, or teacher if the material is a classroom        |
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21|material, and the superintendent.                                      |
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22|    D.  The school district board of education shall review the        |
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23|complaint and the material being challenged in its entirety as well    |
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24|as related documents.  The school district board of education shall    |
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   Req. No. 5964                                                   Page 2
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 1|make a final determination and notify the complainant in writing no    |
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 2|later than thirty (30) business days after receipt of the complaint.   |
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 3| If the board determines the school may keep the challenged material   |
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 4|but that it shall be restricted to certain ages or grade levels, the   |
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 5|school shall only provide the material to a student if the student's   |
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 6|parent or legal guardian has given written permission allowing it.     |
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 7|    E.  If the complainant is not satisfied with the final             |
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 8|determination of the school district board of education, complainant   |
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 9|may appeal the final determination within ten (10) days of             |
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10|notification of the determination to the State Board of Education.     |
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11|The complainant shall submit to the Board and the superintendent of    |
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12|the school district a notice of appeal on a form prescribed by the     |
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13|Board.  The appeal shall be considered by the Board at its next        |
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14|regularly scheduled meeting, where the complainant and a               |
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15|representative from the school district may address the Board.  The    |
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16|Board shall make a final determination on the appeal no later than     |
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17|sixty (60) days after the Board meeting.  The Board shall promulgate   |
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18|rules to establish the appeals process authorized by this              |
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19|subsection.                                                            |
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20|    F.  If a written complaint is denied by the school district        |
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21|board of education pursuant to subsection D of this section, the       |
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22|parent or legal guardian may file a civil action in district court     |
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23|against the school.  If a court determines the book or material        |
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24|violates state laws on child pornography and obscene material as       |
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   Req. No. 5964                                                   Page 3
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 1|defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, the    |
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 2|court may grant injunctive relief to the petitioner by ordering        |
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 3|removal of the book or material from the public school, public         |
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 4|charter school, or public school library.                              |
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 5|    G.  The provisions of this section shall not apply to materials    |
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 6|reviewed and approved by the State Textbook Committee.                 |
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 7|    SECTION 2.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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12|    59-1-5964      EK     01/02/23                                     |
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   Req. No. 5964                                                   Page 4
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