1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1017 By: Jett |
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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 materials used in |
8| sex education class; prohibiting certain survey or |
| questionnaire from including certain topics; |
9| prohibiting a public school, public charter school, |
| or school library from maintaining in its inventory |
10| or including as part of a curriculum books that make |
| certain topics their primary subjects; defining term; |
11| prohibiting teachers from discussing or administering |
| a survey or questionnaire on certain topics; |
12| providing certain exception; providing for |
| promulgation of rules; providing for codification; |
13| providing an effective date; and declaring an |
| emergency. |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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18|amended to read as follows: |
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19| Section 11-105.1. A. All curriculum and materials including |
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20|supplementary materials which will be used to teach or will be used |
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21|for or in connection with a sex education class or program which is |
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22|designed for the exclusive purpose of discussing sexual behavior or |
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23|attitudes, or any test, survey, or questionnaire whose primary |
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24|purpose is to elicit responses on sexual behavior or attitudes shall |
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1|be available through the superintendent or a designee of the school |
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2|district for inspection by parents and guardians of the student who |
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3|will be involved with the class, program or, test, survey, or |
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4|questionnaire. Such curriculum, materials, classes, programs, |
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5|tests, surveys, or questionnaires shall include information about |
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6|consent and shall have as one of its primary purposes the teaching |
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7|of or informing students about the practice of abstinence. For the |
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8|purposes of this section, "consent" shall have the same meaning as |
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9|that provided by Section 113 of Title 21 of the Oklahoma Statutes. |
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10|The superintendent or a designee of the school district shall |
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11|provide prior written notification to the parents or guardians of |
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12|the students involved of their right to inspect the curriculum and |
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13|material and of their obligation to notify the school in writing if |
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14|they do not want their child to participate in the class, program, |
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15|test, survey, or questionnaire. Each local board of education shall |
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16|determine the means of providing written notification to the parents |
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17|and guardian which will ensure effective notice in an efficient and |
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18|appropriate manner. No student shall be required to participate in |
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19|a sex education class or program which discusses sexual behavior or |
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20|attitudes if a parent or guardian of the student objects in writing |
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21|to such participation. If the type of program referred to in this |
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22|section is a part of or is taught during a credit course, a student |
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23|may be required to enroll in the course but shall not be required to |
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1|receive instruction in or participate in the program if a parent or |
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2|guardian objects in writing. |
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3| B. The superintendent or a designee of a school district in |
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4|which sex education is taught or a program is offered which is |
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5|designed for the exclusive purpose of discussing sexual behavior or |
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6|attitudes shall approve all curriculum and materials which will be |
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7|used for such education and any test, survey, or questionnaire whose |
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8|primary purpose is to elicit responses on sexual behavior or |
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9|attitudes used in the school prior to their use in the classroom or |
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10|school. The teacher involved in the class, program, testing, or |
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11|survey shall submit the curriculum, materials, tests, or surveys to |
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12|the superintendent or a designee for approval prior to their use in |
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13|the classroom or school. This section shall not apply to those |
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14|students enrolled in classes, programs, testings tests, or surveys |
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15|offered through an alternative education program. |
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16| C. A survey or questionnaire administered pursuant to this |
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17|section shall be prohibited from including topics relating to gender |
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18|or sexuality. |
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19| SECTION 2. NEW LAW A new section of law to be codified |
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20|in the Oklahoma Statutes as Section 11-203 of Title 70, unless there |
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21|is created a duplication in numbering, reads as follows: |
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22| A. No public school district, public charter school, or public |
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23|school library shall maintain in its inventory or use in its |
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24|curriculum books that make as their primary subject the study of |
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1|lesbian, gay, bisexual, or transgender issues or recreational |
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2|sexualization. For the purposes of this section, "recreational |
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3|sexualization" means any form of non-procreative sex. |
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4| B. No teacher in a public school district or public charter |
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5|school shall discuss or administer a survey or questionnaire to |
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6|students about gender or sexuality. |
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7| C. The provisions of this section shall not apply to acquired |
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8|immune deficiency syndrome (AIDS) prevention education, as provided |
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9|for in Section 11-103.3 of Title 70 of the Oklahoma Statutes. |
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10| D. The State Board of Education may promulgate rules to |
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11|implement the provisions of this section. |
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12| SECTION 3. This act shall become effective July 1, 2023. |
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13| SECTION 4. It being immediately necessary for the preservation |
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14|of the public peace, health, or safety, an emergency is hereby |
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15|declared to exist, by reason whereof this act shall take effect and |
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16|be in full force from and after its passage and approval. |
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18| 59-1-1686 EB 1/19/2023 4:07:23 PM |
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