1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1812 By: Conley |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 11-105.1, which relates to sex education |
8| curriculum and materials; providing a definition for |
| abstinence; requiring parents to give permission for |
9| students to participate in sex education; prohibiting |
| required participation for students; mandating |
10| penalty for certain noncompliance; providing for |
| promulgation of rules; repealing 70 O.S. 2021, |
11| Section 11-103.3, which relates to AIDS prevention |
| education; providing an effective date; and declaring |
12| an emergency. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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17|amended to read as follows: |
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18| Section 11-105.1 A. All curriculum and materials including |
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19|supplementary materials which will be used to teach or will be used |
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20|for or in connection with a sex education class or program which is |
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21|designed for the exclusive purpose of discussing sexual behavior or |
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22|attitudes, or any test, survey, or questionnaire whose primary |
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23|purpose is to elicit responses on sexual behavior or attitudes shall |
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24|be available through the superintendent or a designee of the school |
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1|district for inspection by parents and guardians of the student who |
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2|will may be involved with the class, program or, test, survey, or |
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3|questionnaire. |
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4| 1. Such The curriculum, materials, classes, programs, tests, |
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5|surveys, or questionnaires shall include information about consent |
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6|and shall have as one of its primary purposes the teaching of or |
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7|informing students about the practice of abstinence. For the |
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8|purposes of this section, |
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9| a. "abstinence" shall mean no pre-marital sexual |
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10| contact, sexual intimacy, or sexual activity of any |
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11| kind, including restraint from any intimate touches or |
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12| genital contact, and |
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13| b. "consent" shall have the same meaning as that |
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14| provided by Section 113 of Title 21 of the Oklahoma |
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15| Statutes. |
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16| 2. The superintendent or a designee of the school district |
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17|shall provide prior written notification to the parents or guardians |
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18|of the students involved of their right to inspect the curriculum |
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19|and material and of their obligation to notify the school in writing |
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20|if they do not want their child to participate in the class, |
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21|program, test, survey, or questionnaire. Each local board of |
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22|education shall determine the means of providing written |
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23|notification to the parents and guardian which will ensure effective |
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24|notice in an efficient and appropriate manner. No student shall be |
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1|required to participate in a sex education class or program which |
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2|discusses sexual behavior or attitudes if unless a parent or |
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3|guardian of the student objects agrees in writing to such |
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4|participation. If the type of program referred to in this section |
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5|is a part of or is taught during a credit course, a student may be |
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6|required to enroll in the course but shall not be required to |
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7|receive instruction in or participate in the program if unless a |
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8|parent or guardian objects agrees in writing. |
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9| B. The superintendent or a designee of a school district in |
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10|which sex education is taught or a program is offered which is |
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11|designed for the exclusive purpose of discussing sexual behavior or |
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12|attitudes shall approve all curriculum and materials which will be |
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13|used for such education and any test, survey, or questionnaire whose |
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14|primary purpose is to elicit responses on sexual behavior or |
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15|attitudes used in the school prior to their use in the classroom or |
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16|school. The teacher involved in the class, program, testing, or |
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17|survey shall submit the curriculum, materials, tests, or surveys to |
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18|the superintendent or a designee for approval prior to their use in |
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19|the classroom or school. |
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20| C. This section shall not apply to those students enrolled in |
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21|classes, programs, testings, or surveys offered through an |
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22|alternative education program. |
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23| D. Upon a finding of noncompliance with the provisions of |
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24|subsection A of this section by the State Board of Education, the |
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1|noncompliant school district or public charter school shall receive |
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2|a five percent (5%) decrease in state funding for the school |
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3|district or public charter school for the fiscal year following the |
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4|year of noncompliance. |
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5| E. The State Board of Education may promulgate rules in |
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6|accordance with the provisions of this section. |
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7| SECTION 2. REPEALER 70 O.S. 2021, Section 11-103.3, is |
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8|hereby repealed. |
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9| SECTION 3. This act shall become effective July 1, 2023. |
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10| SECTION 4. It being immediately necessary for the preservation |
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11|of the public peace, health or safety, an emergency is hereby |
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12|declared to exist, by reason whereof this act shall take effect and |
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13|be in full force from and after its passage and approval. |
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15| 59-1-6978 EK 01/06/23 |
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