Bill Text For HB1964 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 60th Legislature (2025)                |
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 3|HOUSE BILL 1964                      By: Williams                      |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to parental rights; amending 25 O.S.            |
  |       2021, Sections 2001, 2003, and 2005, which relate to            |
 8|       the Parents' Bill of Rights; providing for private              |
  |       right of action; providing that parents may review              |
 9|       certain materials; providing that parents may object            |
  |       to any material; providing that parents may opt in to           |
10|       certain instruction; providing for a fine per                   |
  |       violation; defining term; and providing an effective            |
11|       date.                                                           |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     25 O.S. 2021, Section 2001, is       |
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17|amended to read as follows:                                            |
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18|    Section 2001.  A.  This act shall be known and may be cited as     |
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19|the "Parents' Bill of Rights".                                         |
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20|    B.  This state, any political subdivision of this state or any     |
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21|other governmental entity shall not infringe on the fundamental        |
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22|right of parents to direct the upbringing, education, health care      |
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23|and mental health of their children without demonstrating that the     |
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24|compelling governmental interest as applied to the child involved is   |
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   Req. No. 10847                                                  Page 1
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 1|of the highest order, is narrowly tailored and is not otherwise        |
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 2|served by a less restrictive means.                                    |
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 3|    C.  As used in the Parents' Bill of Rights, "parent" means the     |
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 4|natural or adoptive parent or legal guardian of a minor child.         |
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 5|    D.  Any parent whose child is a student at a school that           |
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 6|violates the provisions of Section 2003 of this title and whose        |
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 7|child suffers any harm as a result of the violation shall be           |
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 8|entitled to bring a private right of action against the school for     |
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 9|damages.                                                               |
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10|    SECTION 2.     AMENDATORY     25 O.S. 2021, Section 2003, is       |
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11|amended to read as follows:                                            |
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12|    Section 2003.  A.  The board of education of a school district,    |
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13|in consultation with parents, teachers and administrators, shall       |
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14|develop and adopt a policy to promote the involvement of parents and   |
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15|guardians of children enrolled in the schools within the school        |
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16|district, including:                                                   |
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17|    1.  A plan for parent participation in the schools which is        |
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18|designed to improve parent and teacher cooperation in such areas as    |
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19|homework, attendance and discipline;                                   |
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20|    2.  Procedures by which parents may learn about the course of      |
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21|study for their children and review any learning materials,            |
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22|including the source of any supplemental educational materials,        |
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23|review budget expenditures, contracts, and agreements, and receive     |
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24|information about all of the school's or school district's programs    |
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   Req. No. 10847                                                  Page 2
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 1|and activities, including, but not limited to, locally adopted and     |
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 2|implemented curriculum, education or noneducational programs and       |
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 3|activities, classroom assignments, orientation programs, training      |
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 4|programs, counseling programs, or classroom activities and             |
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 5|interventions;                                                         |
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 6|    3.  Procedures by which parents who object to any academic or      |
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 7|nonacademic learning material or activity, any academic or             |
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 8|nonacademic school programs or activities, or any academic or          |
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 9|nonacademic instruction on the basis that it is harmful may withdraw   |
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10|their children from the activity or from the class or program in       |
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11|which the material is used.  Objection to a any learning material      |
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12|or, activity, or instruction on the basis that it is harmful           |
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13|includes objection to a material or activity because it questions      |
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14|beliefs or practices in sex, morality or, religion, race, or gender,   |
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15|including gender identity;                                             |
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16|    4.  If a school district offers any sex education curricula        |
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17|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or   |
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18|pursuant to any rules adopted by the State Board of Education,         |
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19|procedures to opt out of a school district from providing in to the    |
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20|sex education instruction to a child if the child's parent provides    |
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21|written objection by providing in writing consent to the child's       |
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22|participation in the sex education curricula;                          |
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23|    5.  Procedures by which parents will be notified in advance of     |
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24|and given the opportunity to withdraw required to opt their children   |
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   Req. No. 10847                                                  Page 3
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 1|from in to any instruction or presentations regarding morality, any    |
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 2|social and emotional learning program, religion, race, gender,         |
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 3|including gender identity, or sexuality in courses other than formal   |
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 4|sex education curricula pursuant to Section 11-105.1 of Title 70 of    |
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 5|the Oklahoma Statutes;                                                 |
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 6|    6.  Procedures by which parents may learn about the nature and     |
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 7|purpose of clubs and activities that are part of the school            |
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 8|curriculum, as well as extracurricular clubs and activities that       |
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 9|have been approved by the school; and                                  |
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10|    7.  Procedures by which parents must provide prior written         |
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11|consent to a student's participation in any classroom activities or    |
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12|courses that promote or require a student to accept a particular       |
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13|ideological, philosophical, or political belief or principle,          |
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14|including activities related to or associated with a school's          |
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15|diversity, equity, or inclusion plan;                                  |
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16|    8.  Procedures by which parents may learn about a school           |
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17|district's equity, diversity, and inclusion plan, including, but not   |
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18|limited to, steps the school district is taking to implement the       |
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19|plan; and                                                              |
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20|    9.  Procedures by which parents may learn about parental rights    |
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21|and responsibilities under the laws of this state, including the       |
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22|following:                                                             |
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23|         a.    the right to opt out of in to a sex education           |
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24|              curriculum if one is provided by the school district,    |
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   Req. No. 10847                                                  Page 4
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 1|         b.    open enrollment rights,                                 |
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 2|         c.    the right to opt out of in to assignments pursuant to   |
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 3|              this section,                                            |
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 4|         d.    the right to be exempt from the immunization laws of    |
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 5|              the state pursuant to Section 1210.192 of Title 70 of    |
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 6|              the Oklahoma Statutes,                                   |
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 7|         e.    the promotion requirements prescribed in Section        |
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 8|              1210.508E of Title 70 of the Oklahoma Statutes,          |
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 9|         f.    the minimum course of study and competency              |
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10|              requirements for graduation from high school             |
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11|              prescribed in Section 11-103.6 of Title 70 of the        |
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12|              Oklahoma Statutes,                                       |
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13|         g.    the right to opt out of in to instruction on the        |
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14|              acquired immune deficiency syndrome pursuant to          |
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15|              Section 11-103.3 of Title 70 of the Oklahoma Statutes,   |
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16|         h.    the right to review test results,                       |
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17|         i.    the right to participate in gifted programs pursuant    |
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18|              to Sections 1210.301 through 1210.308 of Title 70 of     |
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19|              the Oklahoma Statutes,                                   |
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20|         j.    the right to inspect instructional materials used in    |
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21|              connection with any research or experimentation          |
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22|              program or project pursuant to Section 11-106 of Title   |
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23|              70 of the Oklahoma Statutes,                             |
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24|         k.    the right to receive a school report card,              |
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   Req. No. 10847                                                  Page 5
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 1|         l.    the attendance requirements prescribed in Section       |
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 2|              10-106 of Title 70 of the Oklahoma Statutes,             |
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 3|         m.    the right to public review of courses of study and      |
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 4|              textbooks,                                               |
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 5|         n.    the right to be excused from school attendance for      |
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 6|              religious purposes,                                      |
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 7|         o.    policies related to parental involvement pursuant to    |
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 8|              this section,                                            |
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 9|         p.    the right to participate in parent-teacher              |
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10|              associations and organizations that are sanctioned by    |
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11|              the board of education of a school district, and         |
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12|         q.    the right to opt out of in to any formal or informal    |
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13|              data collection instrument or survey, including, but     |
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14|              not limited to, any instrument collecting nonacademic    |
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15|              information from a student at the district level that    |
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16|              would capture data for inclusion in the state            |
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17|              longitudinal student data system except what is          |
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18|              necessary and essential for establishing a student's     |
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19|              public school record,                                    |
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20|         r.    the right to review any formal or informal data         |
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21|              collection instrument or survey at the district level,   |
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22|         s.    the right to opt in to a student's participation in     |
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23|              activities associated with the implementation of a       |
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   Req. No. 10847                                                  Page 6
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 1|              diversity, equity or inclusion plan prior to the         |
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 2|              student's participation in such activities, and          |
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 3|         t.    the right to opt in to participation in any social      |
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 4|              and emotional learning program.                          |
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 5|    B.  The board of education of a school district may adopt a        |
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 6|policy to provide to parents the information required by this          |
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 7|section in an electronic form.                                         |
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 8|    C.  A parent shall submit a written request for information        |
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 9|pursuant to this section during regular business hours to either the   |
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10|school principal at the school site or the superintendent of the       |
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11|school district at the office of the school district.  Within ten      |
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12|(10) days of receiving the request for information, the school         |
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13|principal or the superintendent of the school district shall either    |
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14|deliver the requested information to the parent or submit to the       |
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15|parent a written explanation of the reasons for the denial of the      |
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16|requested information.  If the request for information is denied or    |
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17|the parent does not receive the requested information within fifteen   |
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18|(15) days after submitting the request for information, the parent     |
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19|may submit a written request for the information to the board of       |
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20|education of a school district, which shall formally consider the      |
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21|request at the next scheduled public meeting of the board if the       |
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22|request can be properly noticed on the agenda.  If the request         |
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23|cannot be properly noticed on the agenda, the board of education of    |
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   Req. No. 10847                                                  Page 7
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 1|a school district shall formally consider the request at the next      |
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 2|subsequent public meeting of the board.                                |
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 3|    D.  A school that violates this section is punishable by a fine    |
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 4|of One Thousand Dollars ($1,000.00) per violation.                     |
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 5|    SECTION 3.     AMENDATORY     25 O.S. 2021, Section 2005, is       |
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 6|amended to read as follows:                                            |
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 7|    Section 2005.  A.  Except as otherwise provided by law or a        |
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 8|court order, no person, corporation, association, organization or      |
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 9|state-supported institution, or any individual employed by any of      |
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10|these entities, may procure, solicit to perform, arrange for the       |
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11|performance of or perform an assessment for mental health therapy on   |
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12|a minor without first obtaining the written consent of a parent or a   |
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13|legal guardian of the minor child.  Provided, however, that if         |
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14|written consent is provided to a school district for assessment or     |
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15|treatment, such consent shall be effective for the school year for     |
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16|which it is granted and shall be renewed each subsequent school        |
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17|year.  If an assessment or treatment is performed through              |
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18|telemedicine at a school site and if consent has been provided by      |
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19|the parent and is currently effective, the health professional shall   |
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20|not be required to verify that the parent is at the site.  However,    |
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21|a child shall not be seen without consent.                             |
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22|    B.  For purposes of this section, mental health therapy shall      |
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23|include mental health services, behavioral health services, sexual     |
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24|and reproductive health information, substance abuse treatment,        |
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   Req. No. 10847                                                  Page 8
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 1|information on transitioning, gender-affirming care, suicide           |
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 2|prevention programs, cross-sex counseling, and any information         |
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 3|provided by a school relating to sexual identity, sexual               |
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 4|orientation, gender identity, gender expression, gender                |
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 5|transitioning, or transgender identity.                                |
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 6|    C.  This section does not apply when an emergency exists that      |
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 7|requires a person to perform mental health screening or provide        |
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 8|mental health treatment to prevent serious injury to or save the       |
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 9|life of a minor child.                                                 |
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10|    C. D.  A person who violates this section is guilty of a           |
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11|misdemeanor, punishable by a fine of not more than One Thousand        |
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12|Dollars ($1,000.00) or imprisonment of not more than one (1) year in   |
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13|the county jail, or by both such fine and imprisonment.                |
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14|    SECTION 4.  This act shall become effective November 1, 2025.      |
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16|    60-1-10847     CMA    12/12/24                                     |
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   Req. No. 10847                                                  Page 9
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