1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2670 By: Steagall | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to parental rights; amending 25 O.S. | | 2021, Section 2003, which relates to parental | 8| involvement; providing that parent may submit written | | complaint to superintendent; providing that | 9| superintendent respond within certain amount of time; | | providing that parent may appeal actions; authorizing | 10| Board of Education to appoint an investigative | | committee; providing that committee respond within | 11| certain amount of time; providing that parent or | | district attorney may file suit for violation; | 12| providing relief; and providing an effective date. | | | 13| | | | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2003, is | | | 18|amended to read as follows: | | | 19| Section 2003. A. The board of education of a school district, | | | 20|in consultation with parents, teachers and administrators, shall | | | 21|develop and adopt a policy to promote the involvement of parents and | | | 22|guardians of children enrolled in the schools within the school | | | 23|district, including: | | | 24| | | | Req. No. 6801 Page 1 ___________________________________________________________________________
1| 1. A plan for parent participation in the schools which is | | | 2|designed to improve parent and teacher cooperation in such areas as | | | 3|homework, attendance and discipline; | | | 4| 2. Procedures by which parents may learn about the course of | | | 5|study for their children and review learning materials, including | | | 6|the source of any supplemental educational materials; | | | 7| 3. Procedures by which parents who object to any learning | | | 8|material or activity on the basis that it is harmful may withdraw | | | 9|their children from the activity or from the class or program in | | | 10|which the material is used. Objection to a learning material or | | | 11|activity on the basis that it is harmful includes objection to a | | | 12|material or activity because it questions beliefs or practices in | | | 13|sex, morality or religion; | | | 14| 4. If a school district offers any sex education curricula | | | 15|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or | | | 16|pursuant to any rules adopted by the State Board of Education, | | | 17|procedures to opt out of a school district from providing sex | | | 18|education instruction to a child if the child's parent provides | | | 19|written objection to the child's participation in the sex education | | | 20|curricula; | | | 21| 5. Procedures by which parents will be notified in advance of | | | 22|and given the opportunity to withdraw their children from any | | | 23|instruction or presentations regarding sexuality in courses other | | | 24| | | | Req. No. 6801 Page 2 ___________________________________________________________________________
1|than formal sex education curricula pursuant to Section 11-105.1 of | | | 2|Title 70 of the Oklahoma Statutes; | | | 3| 6. Procedures by which parents may learn about the nature and | | | 4|purpose of clubs and activities that are part of the school | | | 5|curriculum, as well as extracurricular clubs and activities that | | | 6|have been approved by the school; and | | | 7| 7. Procedures by which parents may learn about parental rights | | | 8|and responsibilities under the laws of this state, including the | | | 9|following: | | | 10| a. the right to opt out of a sex education curriculum if | | | 11| one is provided by the school district, | | | 12| b. open enrollment rights, | | | 13| c. the right to opt out of assignments pursuant to this | | | 14| section, | | | 15| d. the right to be exempt from the immunization laws of | | | 16| the state pursuant to Section 1210.192 of Title 70 of | | | 17| the Oklahoma Statutes, | | | 18| e. the promotion requirements prescribed in Section | | | 19| 1210.508E of Title 70 of the Oklahoma Statutes, | | | 20| f. the minimum course of study and competency | | | 21| requirements for graduation from high school | | | 22| prescribed in Section 11-103.6 of Title 70 of the | | | 23| Oklahoma Statutes, | | | 24| | | | Req. No. 6801 Page 3 ___________________________________________________________________________
1| g. the right to opt out of instruction on the acquired | | | 2| immune deficiency syndrome pursuant to Section | | | 3| 11-103.3 of Title 70 of the Oklahoma Statutes, | | | 4| h. the right to review test results, | | | 5| i. the right to participate in gifted programs pursuant | | | 6| to Sections 1210.301 through 1210.308 of Title 70 of | | | 7| the Oklahoma Statutes, | | | 8| j. the right to inspect instructional materials used in | | | 9| connection with any research or experimentation | | | 10| program or project pursuant to Section 11-106 of Title | | | 11| 70 of the Oklahoma Statutes, | | | 12| k. the right to receive a school report card, | | | 13| l. the attendance requirements prescribed in Section | | | 14| 10-106 of Title 70 of the Oklahoma Statutes, | | | 15| m. the right to public review of courses of study and | | | 16| textbooks, | | | 17| n. the right to be excused from school attendance for | | | 18| religious purposes, | | | 19| o. policies related to parental involvement pursuant to | | | 20| this section, | | | 21| p. the right to participate in parent-teacher | | | 22| associations and organizations that are sanctioned by | | | 23| the board of education of a school district, and | | | 24| | | | Req. No. 6801 Page 4 ___________________________________________________________________________
1| q. the right to opt out of any data collection | | | 2| instrument at the district level that would capture | | | 3| data for inclusion in the state longitudinal student | | | 4| data system except what is necessary and essential for | | | 5| establishing a student's public school record. | | | 6| B. The board of education of a school district may adopt a | | | 7|policy to provide to parents the information required by this | | | 8|section in an electronic form. | | | 9| C. A parent shall submit a written request for information | | | 10|pursuant to this section during regular business hours to either the | | | 11|school principal at the school site or the superintendent of the | | | 12|school district at the office of the school district. Within ten | | | 13|(10) days of receiving the request for information, the school | | | 14|principal or the superintendent of the school district shall either | | | 15|deliver the requested information to the parent or submit to the | | | 16|parent a written explanation of the reasons for the denial of the | | | 17|requested information. If the request for information is denied or | | | 18|the parent does not receive the requested information within fifteen | | | 19|(15) days after submitting the request for information, the parent | | | 20|may submit a written request for the information to the board of | | | 21|education of a school district, which shall formally consider the | | | 22|request at the next scheduled public meeting of the board if the | | | 23|request can be properly noticed on the agenda. If the request | | | 24|cannot be properly noticed on the agenda, the board of education of | | | Req. No. 6801 Page 5 ___________________________________________________________________________
1|a school district shall formally consider the request at the next | | | 2|subsequent public meeting of the board. | | | 3| D. A parent may submit a written complaint detailing any | | | 4|violation of this section to the superintendent of the school | | | 5|district. The parent shall be entitled to a meeting with the | | | 6|superintendent to discuss the complaint if desired by the parent. | | | 7|The superintendent shall investigate the complaint and respond to | | | 8|the parent in writing within fourteen (14) days after receiving the | | | 9|complaint describing the actions the superintendent shall take to | | | 10|remedy the complaint. | | | 11| E. A parent may appeal the actions of the superintendent to the | | | 12|Board of Education by submitting a written complaint detailing the | | | 13|violation and a description of why the superintendent's response | | | 14|failed to remedy the complaint. The Board of Education shall | | | 15|appoint a committee to investigate any such complaints. The | | | 16|committee shall meet with the parent to discuss the complaint. | | | 17|Within thirty (30) days of receiving the complaint, the committee | | | 18|shall submit a recommended response and proposed steps to remedy the | | | 19|complaint to the Board for action by the Board at the next regularly | | | 20|scheduled meeting. | | | 21| F. If the Board's action does not remedy a complaint, a parent | | | 22|or a district attorney with jurisdiction over the school district | | | 23|may file suit and assert a violation of this section as a claim | | | 24|against the school district. | | | Req. No. 6801 Page 6 ___________________________________________________________________________
1| G. A parent or district attorney that successfully asserts a | | | 2|claim may recover: | | | 3| 1. declaratory relief; | | | 4| 2. injunctive relief to prevent or remedy a violation of this | | | 5|section or the effects of such a violation; | | | 6| 3. reasonable attorneys' fees and costs; and | | | 7| 4. any other appropriate relief. | | | 8| SECTION 2. This act shall become effective November 1, 2023. | | | 9| | | | 10| 59-1-6801 CMA 01/05/23 | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6801 Page 7