1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|HOUSE BILL 1998 By: Turner | | | 4| | | | 5| | | | 6| | | | 7| AS INTRODUCED | | | 8| An Act relating to schools; amending 70 O.S. 2021, | | Section 11-105.1, which relates to sex education; | 9| requiring parent permission to administer sex | | education to students; 70 O.S. 2021, Section 24-158, | 10| as amended by Section 2, Chapter 281, O.S.L. 2022 (70 | | O.S. Supp. 2024, Section 24-158), which relates to | 11| the Oklahoma Prevention Needs Assessment Survey; | | requiring parent permission to administer the survey | 12| to student; providing an effective date; and | | declaring an emergency. | 13| | | | 14| | | | 15| | | | 16| | | | 17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 18| SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-105.1, is | | | 19|amended to read as follows: | | | 20| Section 11-105.1. A. All curriculum and materials including | | | 21|supplementary materials which will be used to teach or will be used | | | 22|for or in connection with a sex education class or program which is | | | 23|designed for the exclusive purpose of discussing sexual behavior or | | | 24|attitudes, or any test, survey or questionnaire whose primary | | | Req. No. 11794 Page 1 ___________________________________________________________________________
1|purpose is to elicit responses on sexual behavior or attitudes shall | | | 2|be available through the superintendent or a designee of the school | | | 3|district for inspection by parents and guardians of the student who | | | 4|will be involved with the class, program or test, survey or | | | 5|questionnaire. Such curriculum, materials, classes, programs, | | | 6|tests, surveys or questionnaires shall include information about | | | 7|consent and shall have as one of its primary purposes the teaching | | | 8|of or informing students about the practice of abstinence. For the | | | 9|purposes of this section, "consent" shall have the same meaning as | | | 10|that provided by Section 113 of Title 21 of the Oklahoma Statutes. | | | 11|The superintendent or a designee of the school district shall | | | 12|provide prior written notification to the parents or guardians of | | | 13|the students involved of their right to inspect the curriculum and | | | 14|material and of their obligation to notify the school in writing if | | | 15|theydo notwant their child to participate in the class, program, | | | 16|test, survey or questionnaire. Each local board of education shall | | | 17|determine the means of providing written notification to the parents | | | 18|and guardian which will ensure effective notice in an efficient and | | | 19|appropriate manner. No student shallbe required toparticipate in | | | 20|a sex education class or program which discusses sexual behavior or | | | 21|attitudesifunless a parent or guardian of the studentobjects| | | 22|provides permission in writing to such participation. If the type | | | 23|of program referred to in this section is a part of or is taught | | | 24|during a credit course, a student may be required to enroll in the | | | Req. No. 11794 Page 2 ___________________________________________________________________________
1|course but shall notbe required toreceive instruction in or | | | 2|participate in the programifunless a parent or guardianobjects| | | 3|provides permission in writing. | | | 4| B. The superintendent or a designee of a school district in | | | 5|which sex education is taught or a program is offered which is | | | 6|designed for the exclusive purpose of discussing sexual behavior or | | | 7|attitudes shall approve all curriculum and materials which will be | | | 8|used for such education and any test, survey or questionnaire whose | | | 9|primary purpose is to elicit responses on sexual behavior or | | | 10|attitudes used in the school prior to their use in the classroom or | | | 11|school. The teacher involved in the class, program, testing or | | | 12|survey shall submit the curriculum, materials, tests or surveys to | | | 13|the superintendent or a designee for approval prior to their use in | | | 14|the classroom or school. This section shall not apply to those | | | 15|students enrolled in classes, programs, testings or surveys offered | | | 16|through an alternative education program. | | | 17| SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-158, as | | | 18|amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2024, | | | 19|Section 24-158), is amended to read as follows: | | | 20| Section 24-158. A. The "Oklahoma Prevention Needs Assessment | | | 21|Survey" means the biennial mental health prevention survey of public | | | 22|school students in grades six, eight, ten, and twelve managed by the | | | 23|Department of Mental Health and Substance Abuse Services. | | | 24| | | | Req. No. 11794 Page 3 ___________________________________________________________________________
1| B. Beginning in the 2022-2023 school year, and biennially | | | 2|thereafter, public schools shall administer the Oklahoma Prevention | | | 3|Needs Assessment Survey, or an alternative survey as provided in | | | 4|subsection D of this section, to students who have parent permission | | | 5|to participate, for the purpose of providing direction to schools, | | | 6|school districts, and communities to effectively improve the lives | | | 7|of students regarding a variety of issues with a focus on alcohol, | | | 8|tobacco, other drug use, mental health, academic failure, and | | | 9|violence. | | | 10| C. The Department of Mental Health and Substance Abuse Services | | | 11|shall maintain the Oklahoma Prevention Needs Assessment Survey and | | | 12|shall provide technical assistance for schools in survey | | | 13|administration, reporting, planning, and development of school | | | 14|mental health prevention and intervention strategies informed by the | | | 15|survey results. | | | 16| D. If a school or school district chooses to administer an | | | 17|alternative survey or assessment tool to fulfill the purpose | | | 18|described in subsection B of this section, it may apply for a waiver | | | 19|through the Department of Mental Health and Substance Abuse | | | 20|Services. | | | 21| E. The school district superintendent or his or her designee | | | 22|shall provide prior written notification to the parents or legal | | | 23|guardians of studentsto be administeredof the intent to administer | | | 24|the Oklahoma Prevention Needs Assessment Survey or an alternative | | | Req. No. 11794 Page 4 ___________________________________________________________________________
1|survey or assessment tool adopted pursuant to subsection D of this | | | 2|section. The notification shall include information to parents and | | | 3|legal guardians that theymaymust opt their studentout ofin to | | | 4|the survey or assessment tool by providing written notice to the | | | 5|school district, if they wish for their student to participate. | | | 6| F. Prior to the biennial administration of the Oklahoma | | | 7|Prevention Needs Assessment Survey, the Department of Mental Health | | | 8|and Substance Abuse Services shall submit the survey to the | | | 9|President Pro Tempore of the Oklahoma State Senate, the Speaker of | | | 10|the Oklahoma House of Representatives, the chairs of the committees | | | 11|with responsibility over common education in both houses of the | | | 12|Legislature, and the chairs of the committees with responsibility | | | 13|over public health in both houses of the Legislature. | | | 14| G. The provisions of this section shall be subject to the | | | 15|availability of federal funding. If federal funding is insufficient | | | 16|to provide the Oklahoma Prevention Needs Assessment Survey to public | | | 17|schools on a biennial basis, administration of the survey shall not | | | 18|be required. | | | 19| H. The Board of Mental Health and Substance Abuse Services and | | | 20|the State Board of Education may promulgate rules as necessary to | | | 21|carry out the provisions of this section. | | | 22| SECTION 3. This act shall become effective July 1, 2025. | | | 23| SECTION 4. It being immediately necessary for the preservation | | | 24|of the public peace, health or safety, an emergency is hereby | | | Req. No. 11794 Page 5 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4| 60-1-11794 SW 01/08/25 | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 11794 Page 6