1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 131 By: Rogers |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 25 O.S. 2021, |
| Sections 2001, 2002, 2003, and 2004, which relate to |
8| the Parents' Bill of Rights; allowing a parent to |
| file certain civil action; clarifying right to direct |
9| the education of certain child; requiring written |
| consent for certain decisions; prohibiting the |
10| withholding of certain information; modifying certain |
| rights regarding consent for sex education |
11| instruction and certain other instruction; providing |
| for withdrawal of certain child from certain clubs or |
12| activities; requiring certain consent to dispense |
| prescription drugs to certain minor; amending 70 O.S. |
13| 2021, Section 11-105.1, which relates to sex |
| education curriculum and materials; requiring certain |
14| written consent for a child to participate in certain |
| instruction or activities; providing an effective |
15| date; and declaring an emergency. |
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16| |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is |
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19|amended to read as follows: |
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20| Section 2001. A. This act shall be known and may be cited as |
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21|the "Parents' Bill of Rights". |
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22| B. This state, any political subdivision of this state, or any |
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23|other governmental entity shall not infringe on the fundamental |
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24|right of parents to direct the upbringing, education, health care, |
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1|and mental health of their children without demonstrating that the |
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2|compelling governmental interest as applied to the child involved is |
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3|of the highest order, is narrowly tailored, and is not otherwise |
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4|served by a less restrictive means. |
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5| C. As used in the Parents' Bill of Rights, "parent" means the |
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6|natural or adoptive parent or legal guardian of a minor child. |
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7| D. A parent may file a civil action against a person or |
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8|governmental entity in district court for a violation of this act. |
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9|The court may grant injunctive relief, monetary damages, court |
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10|costs, and reasonable attorney fees. |
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11| SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is |
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12|amended to read as follows: |
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13| Section 2002. A. All parental rights are reserved to a parent |
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14|of a minor child without obstruction or interference from this |
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15|state, any political subdivision of this state, any other |
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16|governmental entity, or any other institution, including, but not |
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17|limited to, the following rights: |
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18| 1. The right to direct the education of the minor child |
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19|including the right to choose public, private, religious, or other |
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20|means of education and the right to make reasonable choices within |
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21|public schools for the education of his or her child; |
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22| 2. All rights of parents identified in Title 70 of the Oklahoma |
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23|Statutes, including the right to access and review all school |
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24|records relating to the minor child; |
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1| 3. The right to direct the upbringing of the minor child; |
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2| 4. The right to direct the moral or religious training of the |
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3|minor child; |
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4| 5. The right to make and consent in writing to all physical and |
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5|mental healthcare decisions for the minor child, unless otherwise |
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6|prohibited by law; |
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7| 6. The right to access and review all medical records of the |
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8|minor child unless otherwise prohibited by law or the parent is the |
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9|subject of an investigation of a crime committed against the minor |
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10|child and a law enforcement official requests that the information |
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11|not be released; |
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12| 7. The right to consent in writing before a biometric scan of |
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13|the minor child is made, shared, or stored; |
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14| 8. The right to consent in writing before any record of the |
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15|minor child's blood or deoxyribonucleic acid (DNA) is created, |
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16|stored, or shared, except as required by Sections 1-516 and 1-524.1 |
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17|of Title 63 of the Oklahoma Statutes, or unless authorized pursuant |
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18|to a court order; |
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19| 9. The right to consent in writing before the state or any of |
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20|its political subdivisions makes a video or voice recording of the |
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21|minor child, unless the video or voice recording is made during or |
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22|as a part of a court proceeding, by law enforcement officers during |
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23|or as part of a law enforcement investigation, during or as part of |
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1|a forensic interview in a criminal or Department of Human Services |
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2|investigation, or to be used solely for any of the following: |
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3| a. safety demonstrations, including the maintenance of |
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4| order and discipline in the common areas of a school |
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5| or on student transportation vehicles, |
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6| b. a purpose related to a legitimate academic or |
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7| extracurricular activity, |
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8| c. a purpose related to regular classroom instruction, |
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9| d. security or surveillance of buildings or grounds, and |
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10| |
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11| e. a photo identification card; and |
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12| 10. The right to be notified promptly if an employee of this |
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13|state, any political subdivision of this state, any other |
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14|governmental entity, or any other institution suspects that a |
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15|criminal offense has been committed against the minor child by |
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16|someone other than a parent, unless the incident has first been |
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17|reported to law enforcement and notification of the parent would |
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18|impede a law enforcement or Department of Human Services |
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19|investigation. This The provisions of this paragraph does shall not |
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20|create any new obligation for school districts and charter schools |
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21|to report misconduct between students at school, such as fighting or |
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22|aggressive play, that is routinely addressed as a student |
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23|disciplinary matter by the school. |
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24| |
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1| B. This The provisions of this section does shall not authorize |
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2|or allow a parent to engage in conduct that is unlawful or to abuse |
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3|or neglect a child in violation of the laws of this state. This The |
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4|provisions of this section shall not be construed to apply to a |
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5|parental action or decision that would end life. This The |
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6|provisions of this section does shall not prohibit courts, law |
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7|enforcement officers, or employees of a government agency |
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8|responsible for child welfare from acting in their official capacity |
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9|within the reasonable and prudent scope of their authority. This |
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10|The provisions of this section does shall not prohibit a court from |
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11|issuing an order that is otherwise permitted by law. |
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12| C. Any attempt to withhold information that is relevant to the |
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13|physical, emotional, or mental health of a minor child or to |
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14|encourage or coerce a minor child to withhold information from the |
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15|child's parent shall be grounds for discipline of an employee of |
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16|this state, any political subdivision of this state, or any other |
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17|governmental entity, except for law enforcement personnel. |
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18| D. Unless those rights have been legally waived or legally |
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19|terminated, parents have inalienable rights that are more |
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20|comprehensive than those listed in this section. The Parents' Bill |
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21|of Rights does not prescribe all rights of parents. Unless |
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22|otherwise required by law, the rights of parents of minor children |
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23|shall not be limited or denied. The Parents' Bill of Rights shall |
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1|not be construed to apply to a parental action or decision that |
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2|would end life. |
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3| SECTION 3. AMENDATORY 25 O.S. 2021, Section 2003, is |
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4|amended to read as follows: |
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5| Section 2003. A. The board of education of a school district, |
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6|in consultation with parents, teachers, and administrators, shall |
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7|develop and adopt a policy to promote the involvement of parents and |
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8|guardians of children enrolled in the schools within the school |
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9|district, including: |
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10| 1. A plan for parent participation in the schools which is |
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11|designed to improve parent and teacher cooperation in such areas as |
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12|homework, attendance, and discipline; |
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13| 2. Procedures by which parents may learn about the course of |
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14|study for their children and review learning materials, including |
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15|the source of any supplemental educational materials; |
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16| 3. Procedures by which parents who object to any learning |
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17|material or activity on the basis that it is harmful may withdraw |
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18|their children from the activity or from the class or program in |
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19|which the material is used. Objection to a learning material or |
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20|activity on the basis that it is harmful includes objection to a |
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21|material or activity because it questions beliefs or practices in |
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22|sex, morality, or religion; |
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23| 4. If a school district offers any sex education curricula |
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24|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or |
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1|pursuant to any rules adopted by the State Board of Education, |
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2|procedures to opt out of a school district from providing require |
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3|written consent from a parent for a child to participate in sex |
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4|education instruction to a child if the child's parent provides |
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5|written objection to the child's participation in the sex education |
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6|curricula; |
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7| 5. Procedures by which parents will be notified in advance of |
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8|and given the opportunity to withdraw their children from provide |
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9|written consent for a child to participate in any instruction or |
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10|presentations regarding sexuality that have the goal or purpose of |
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11|studying, exploring, or informing students about gender roles or |
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12|stereotypes, gender identity, gender expression, sexual orientation, |
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13|or romantic or sexual relationships in courses other than formal sex |
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14|education curricula pursuant to Section 11-105.1 of Title 70 of the |
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15|Oklahoma Statutes; |
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16| 6. Procedures by which parents may learn about the nature and |
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17|purpose of clubs and activities that are part of the school |
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18|curriculum, as well as extracurricular clubs and activities that |
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19|have been approved by the school, and procedures by which parents |
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20|may withdraw their child from any club or activity to which the |
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21|parents object; and |
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22| 7. Procedures by which parents may learn about parental rights |
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23|and responsibilities under the laws of this state, including the |
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24|following: |
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1| a. the right to opt out of a sex education curriculum if |
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2| one is provided by the school district, |
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3| b. open enrollment rights, |
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4| c. the right to opt out of assignments pursuant to this |
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5| section, |
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6| d. the right to be exempt from the immunization laws of |
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7| the this state pursuant to Section 1210.192 of Title |
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8| 70 of the Oklahoma Statutes, |
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9| e. the promotion requirements prescribed in Section |
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10| 1210.508E of Title 70 of the Oklahoma Statutes, |
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11| f. the minimum course of study and competency |
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12| requirements for graduation from high school |
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13| prescribed in Section 11-103.6 of Title 70 of the |
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14| Oklahoma Statutes, |
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15| g. the right to opt out of instruction on the acquired |
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16| immune deficiency syndrome pursuant to Section |
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17| 11-103.3 of Title 70 of the Oklahoma Statutes, |
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18| h. the right to review test results, |
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19| i. the right to participate in gifted programs pursuant |
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20| to Sections 1210.301 through 1210.308 of Title 70 of |
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21| the Oklahoma Statutes, |
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22| j. the right to inspect instructional materials used in |
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23| connection with any research or experimentation |
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1| program or project pursuant to Section 11-106 of Title |
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2| 70 of the Oklahoma Statutes, |
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3| k. the right to receive a school report card, |
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4| l. the attendance requirements prescribed in Section |
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5| 10-106 of Title 70 of the Oklahoma Statutes, |
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6| m. the right to public review of courses of study and |
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7| textbooks, |
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8| n. the right to be excused from school attendance for |
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9| religious purposes, |
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10| o. policies related to parental involvement pursuant to |
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11| this section, |
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12| p. the right to participate in parent-teacher |
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13| associations and organizations that are sanctioned by |
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14| the board of education of a school district, and |
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15| q. the right to opt out of any data collection |
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16| instrument at the district level that would capture |
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17| data for inclusion in the state longitudinal student |
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18| data system except what is necessary and essential for |
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19| establishing a student's public school record. |
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20| B. The board of education of a school district may adopt a |
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21|policy to provide to parents the information required by this |
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22|section in an electronic form. |
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23| C. A parent shall submit a written request for information |
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24|pursuant to this section during regular business hours to either the |
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1|school principal at the school site or the superintendent of the |
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2|school district at the office of the school district. Within ten |
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3|(10) days of receiving the request for information, the school |
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4|principal or the superintendent of the school district shall either |
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5|deliver the requested information to the parent or submit to the |
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6|parent a written explanation of the reasons for the denial of the |
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7|requested information. If the request for information is denied or |
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8|the parent does not receive the requested information within fifteen |
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9|(15) days after submitting the request for information, the parent |
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10|may submit a written request for the information to the board of |
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11|education of a school district, which shall formally consider the |
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12|request at the next scheduled public meeting of the board if the |
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13|request can be properly noticed on the agenda. If the request |
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14|cannot be properly noticed on the agenda, the board of education of |
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15|a school district shall formally consider the request at the next |
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16|subsequent public meeting of the board. |
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17| SECTION 4. AMENDATORY 25 O.S. 2021, Section 2004, is |
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18|amended to read as follows: |
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19| Section 2004. A. Except as otherwise provided by law, no |
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20|person, corporation, association, organization, state-supported |
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21|institution, or individual employed by any of these entities may |
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22|procure, solicit to perform, arrange for the performance of, perform |
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23|surgical procedures, or perform a physical examination upon a minor |
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24|or prescribe or dispense any prescription drugs to a minor without |
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1|first obtaining a written consent of a parent or legal guardian of |
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2|the minor. Provided, however, that if written consent is provided |
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3|to a school district for assessment or treatment, such consent shall |
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4|be effective for the school year for which it is granted and shall |
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5|be renewed each subsequent school year. If an assessment or |
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6|treatment is performed through telemedicine at a school site and if |
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7|consent has been provided by the parent and is currently effective, |
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8|the health professional shall not be required to verify that the |
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9|parent is at the site. |
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10| B. Except as otherwise provided by law, no hospital as defined |
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11|in Section 1-701 of Title 63 of the Oklahoma Statutes may permit |
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12|surgical procedures to be performed upon a minor in its facilities |
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13|without first having received a written consent from a parent or |
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14|legal guardian of the minor. |
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15| C. The provisions of this section shall not apply when it has |
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16|been determined by a physician that an emergency exists and that it |
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17|is necessary to perform such surgical procedures for the treatment |
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18|of an injury, illness, or drug abuse, or to save the life of the |
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19|patient, or when such parent or other adult authorized by law to |
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20|consent on behalf of a minor cannot be located or contacted after a |
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21|reasonably diligent effort. |
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22| D. The provisions of this section shall not apply to an |
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23|abortion, which shall be governed by the provisions of Sections |
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1|1-740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63 |
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2|of the Oklahoma Statutes or any successor statute. |
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3| E. A person who violates a provision of this section is guilty |
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4|of a misdemeanor, punishable by a fine of not more than One Thousand |
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5|Dollars ($1,000.00) or imprisonment of not more than one (1) year in |
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6|the county jail, or by both such fine and imprisonment. |
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7| SECTION 5. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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8|amended to read as follows: |
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9| Section 11-105.1. A. All curriculum and materials including |
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10|supplementary materials which will be used to teach or will be used |
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11|for or in connection with a sex education class or program which is |
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12|designed for the exclusive purpose of discussing sexual behavior or |
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13|attitudes,; or any test, survey, or questionnaire whose primary |
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14|purpose is to elicit responses on sexual behavior or attitudes shall |
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15|be available through the superintendent or a designee of the school |
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16|district for inspection by parents and guardians of the student who |
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17|will be involved with the class, program or, test, survey, or |
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18|questionnaire. Such curriculum, materials, classes, programs, |
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19|tests, surveys, or questionnaires shall include information about |
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20|consent and shall have as one of its primary purposes the teaching |
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21|of or informing students about the practice of abstinence. For the |
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22|purposes of this section, "consent" shall have the same meaning as |
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23|that provided by Section 113 of Title 21 of the Oklahoma Statutes. |
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24|The superintendent or a designee of the school district shall |
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1|provide prior written notification to the parents or guardians of |
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2|the students involved of their right to inspect the curriculum and |
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3|material, and of their obligation to notify the parents or guardians |
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4|shall provide the school in writing written consent if they do not |
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5|want their child to participate in the class, program, test, survey, |
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6|or questionnaire. Each local board of education shall determine the |
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7|means of providing written notification to the parents and guardian |
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8|which will ensure effective notice in an efficient and appropriate |
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9|manner. No student shall be required to participate in a sex |
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10|education class or program which discusses sexual behavior or |
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11|attitudes if a parent or guardian of the student objects in writing |
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12|to does not provide written consent for such participation. If the |
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13|type of program referred to in this section is a part of or is |
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14|taught during a credit course, a student may be required to enroll |
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15|in the course but shall not be required to receive instruction in or |
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16|participate in the program if a parent or guardian objects in |
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17|writing does not provide written consent. |
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18| B. The superintendent or a designee of a school district in |
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19|which sex education is taught or a program is offered which is |
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20|designed for the exclusive purpose of discussing sexual behavior or |
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21|attitudes shall approve all curriculum and materials which will be |
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22|used for such education and any test, survey, or questionnaire whose |
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23|primary purpose is to elicit responses on sexual behavior or |
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24|attitudes used in the school prior to their its use in the classroom |
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1|or school. The teacher involved in the class, program, testing |
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2|test, or survey shall submit the curriculum, materials, tests, or |
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3|surveys to the superintendent or a designee for approval prior to |
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4|their use in the classroom or school. This section shall not apply |
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5|to those students enrolled in classes, programs, testings tests, or |
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6|surveys offered through an alternative education program. |
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7| SECTION 6. This act shall become effective July 1, 2023. |
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8| SECTION 7. It being immediately necessary for the preservation |
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9|of the public peace, health, or safety, an emergency is hereby |
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10|declared to exist, by reason whereof this act shall take effect and |
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11|be in full force from and after its passage and approval. |
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