1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2118 By: Swope |
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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; including information about |
| state laws and criminal penalties in curriculum; and |
9| providing an effective date. |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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14|amended to read as follows: |
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15| Section 11-105.1 A. All curriculum and materials including |
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16|supplementary materials which will be used to teach or will be used |
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17|for or in connection with a sex education class or program which is |
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18|designed for the exclusive purpose of discussing sexual behavior or |
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19|attitudes, or any test, survey, or questionnaire whose primary |
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20|purpose is to elicit responses on sexual behavior or attitudes shall |
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21|be available through the superintendent or a designee of the school |
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22|district for inspection by parents and guardians of the student who |
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23|will be involved with the class, program or, test, survey, or |
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24|questionnaire. Such |
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1| B. The curriculum, materials, classes, programs, tests, |
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2|surveys, or questionnaires shall include information about consent |
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3|and shall have as one of its primary purposes the teaching of or |
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4|informing students about the practice of abstinence. For the |
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5|purposes of this section, "consent" shall have the same meaning as |
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6|that provided by Section 113 of Title 21 of the Oklahoma Statutes. |
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7|The curriculum, materials, classes, programs, tests, surveys, or |
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8|questionnaires shall include information about state laws and |
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9|criminal penalties including, but not limited to: |
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10| 1. Age of consent for sexual intercourse; |
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11| 2. Child pornography and disseminating nude photographs; and |
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12| 3. Nonconsensual dissemination of private sexual images. |
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13| C. The superintendent or a designee of the school district |
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14|shall provide prior written notification to the parents or guardians |
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15|of the students involved of their right to inspect the curriculum |
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16|and material and of their obligation to notify the school in writing |
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17|if they do not want their child to participate in the class, |
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18|program, test, survey, or questionnaire. Each local board of |
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19|education shall determine the means of providing written |
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20|notification to the parents and guardian which will ensure effective |
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21|notice in an efficient and appropriate manner. No student shall be |
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22|required to participate in a sex education class or program which |
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23|discusses sexual behavior or attitudes if a parent or guardian of |
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24|the student objects in writing to such participation. If the type |
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1|of program referred to in this section is a part of or is taught |
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2|during a credit course, a student may be required to enroll in the |
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3|course but shall not be required to receive instruction in or |
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4|participate in the program if a parent or guardian objects in |
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5|writing. |
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6| B. D. The superintendent or a designee of a school district in |
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7|which sex education is taught or a program is offered which is |
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8|designed for the exclusive purpose of discussing sexual behavior or |
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9|attitudes shall approve all curriculum and materials which will be |
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10|used for such education and any test, survey, or questionnaire whose |
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11|primary purpose is to elicit responses on sexual behavior or |
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12|attitudes used in the school prior to their use in the classroom or |
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13|school. The teacher involved in the class, program, testing, or |
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14|survey shall submit the curriculum, materials, tests, or surveys to |
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15|the superintendent or a designee for approval prior to their use in |
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16|the classroom or school. This section shall not apply to those |
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17|students enrolled in classes, programs, testings, or surveys offered |
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18|through an alternative education program. |
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19| SECTION 2. This act shall become effective November 1, 2023. |
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21| 59-1-6729 EK 01/12/23 |
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