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