1| STATE OF OKLAHOMA |
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2| 2nd Session of the 60th Legislature (2026) |
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3|SENATE BILL 1720 By: Pugh |
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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, |
| Section 2002, which relates to the Parents' Bill of |
8| Rights; providing for additional rights of parents; |
| prohibiting state agencies, political subdivisions, |
9| and certain schools from retaliating against a parent |
| or child for certain reasons; defining term; allowing |
10| a parent to submit a written complaint of certain |
| alleged violation; allowing a parent to submit a |
11| written complaint to the State Department of |
| Education; directing the Department to conduct |
12| certain investigation and require corrective action |
| if violation is found; allowing the Department to |
13| make certain recommendation for repeated or willful |
| violations; providing a cause of action; requiring |
14| sealing of certain actions unless expressly waived; |
| providing for waiving of sovereign immunity to |
15| certain extent; requiring cause of action to be |
| brought within certain time period; updating |
16| statutory language; providing an effective date; and |
| declaring an emergency. |
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18| |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2002, is |
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21|amended to read as follows: |
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22| Section 2002. A. All parental rights are reserved to a parent |
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23|of a minor child without obstruction or interference from this |
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24|state, any political subdivision of this state, any other |
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1|governmental entity, or any other institution, including, but not |
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2|limited to, the following rights: |
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3| 1. The right to direct the education of the minor child; |
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4| 2. All rights of parents identified in Title 70 of the Oklahoma |
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5|Statutes, including the right to access and review all school |
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6|records relating to the minor child; |
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7| 3. The right to direct the upbringing of the minor child; |
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8| 4. The right to direct the moral or religious training of the |
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9|minor child; |
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10| 5. The right to make healthcare health care decisions for the |
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11|minor child, unless otherwise prohibited by law; |
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12| 6. The right to access and review all medical records of the |
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13|minor child unless otherwise prohibited by law or the parent is the |
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14|subject of an investigation of a crime committed against the minor |
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15|child and a law enforcement official requests that the information |
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16|not be released; |
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17| 7. The right to consent in writing before a biometric scan of |
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18|the minor child is made, shared, or stored; |
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19| 8. The right to consent in writing before any record of the |
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20|minor child's blood or deoxyribonucleic acid (DNA) is created, |
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21|stored, or shared, except as required by Sections 1-516 and 1-524.1 |
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22|of Title 63 of the Oklahoma Statutes, or unless authorized pursuant |
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23|to a court order; |
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1| 9. The right to consent in writing before the state or any of |
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2|its political subdivisions makes a video or voice recording of the |
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3|minor child, unless the video or voice recording is made during or |
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4|as a part of a court proceeding, by law enforcement officers during |
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5|or as part of a law enforcement investigation, during or as part of |
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6|a forensic interview in a criminal or Department of Human Services |
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7|investigation, or to be used solely for any of the following: |
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8| a. safety demonstrations, including the maintenance of |
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9| order and discipline in the common areas of a school |
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10| or on student transportation vehicles, |
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11| b. a purpose related to a legitimate academic or |
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12| extracurricular activity, |
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13| c. a purpose related to regular classroom instruction, |
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14| d. security or surveillance of buildings or grounds, and |
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15| |
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16| e. a photo identification card; and |
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17| 10. The right to be notified promptly if an employee of this |
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18|state, any political subdivision of this state, any other |
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19|governmental entity, or any other institution suspects that a |
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20|criminal offense has been committed against the minor child by |
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21|someone other than a parent, unless the incident has first been |
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22|reported to law enforcement and notification of the parent would |
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23|impede a law enforcement or Department of Human Services |
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24|investigation. This paragraph does not create any new obligation |
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1|for school districts and charter schools to report misconduct |
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2|between students at school, such as fighting or aggressive play, |
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3|that is routinely addressed as a student disciplinary matter by the |
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4|school; |
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5| 11. The right to bring any individual of the parent's choosing, |
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6|including an individual with unique knowledge or expertise regarding |
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7|the child, to any meeting with school personnel including, but not |
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8|limited to, meetings regarding an individualized education program |
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9|(IEP) pursuant to the Individuals with Disabilities Education Act |
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10|(IDEA), meetings conducted pursuant to Section 504 of the |
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11|Rehabilitation Act of 1973, and meetings concerning the academics, |
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12|behavior, discipline, attendance, health, or any other matter |
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13|involving the child; |
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14| 12. The right, upon written request, to receive copies of all |
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15|education records of a minor child as defined by the Family |
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16|Educational Rights and Privacy Act of 1974 (FERPA) within ten (10) |
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17|business days of receipt of the written request. Copies shall be |
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18|provided at no cost to the parent. A parent shall also have the |
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19|right, upon written request, to receive annual notification from a |
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20|school district of the procedures for requesting such records; |
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21| 13. The right to review all documents including, but not |
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22|limited to, evaluations, reports, progress monitoring data, work |
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23|samples, behavior logs, and discipline records, at least five (5) |
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24|business days prior to any meeting regarding an IEP, a meeting |
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1|conducted pursuant to Section 504 of the Rehabilitation Act of 1973, |
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2|or any other meeting regarding accommodations for a student with a |
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3|disability. A parent may agree in writing to a review period of |
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4|fewer than five (5) business days; and |
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5| 14. The right to receive from a school district a written |
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6|incident report by no later than the end of the business day on |
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7|which his or her child is suspected of having been injured, involved |
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8|in an alleged incident of bullying, or is the alleged victim or |
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9|perpetrator of conduct requiring such notice pursuant to the School |
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10|Safety and Bullying Prevention Act. A copy of the incident report |
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11|shall be maintained in the student's education record and shall |
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12|include at a minimum: |
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13| a. the time, date, and location of the incident, |
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14| b. a description of the injury or alleged conduct, |
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15| c. actions taken by school personnel including first aid |
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16| or disciplinary actions, |
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17| d. the names and titles of school personnel who |
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18| witnessed or responded to the incident, |
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19| e. whether law enforcement or the Department of Human |
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20| Services was notified, and |
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21| f. the name and contact information of the school |
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22| employee designated for further contact. |
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23| B. This section does not authorize or allow a parent to engage |
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24|in conduct that is unlawful or to abuse or neglect a child in |
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1|violation of the laws of this state. This section shall not be |
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2|construed to apply to a parental action or decision that would end |
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3|life. This section does not prohibit courts, law enforcement |
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4|officers, or employees of a government agency responsible for child |
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5|welfare from acting in their official capacity within the reasonable |
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6|and prudent scope of their authority. This section does not |
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7|prohibit a court from issuing an order that is otherwise permitted |
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8|by law. |
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9| C. Any attempt to encourage or coerce a minor child to withhold |
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10|information from the child's parent shall be grounds for discipline |
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11|of an employee of this state, any political subdivision of this |
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12|state, or any other governmental entity, except for law enforcement |
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13|personnel. |
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14| D. Unless those rights have been legally waived or legally |
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15|terminated, parents have inalienable rights that are more |
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16|comprehensive than those listed in this section. The Parents' Bill |
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17|of Rights does not prescribe all rights of parents. Unless |
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18|otherwise required by law, the rights of parents of minor children |
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19|shall not be limited or denied. The Parents' Bill of Rights shall |
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20|not be construed to apply to a parental action or decision that |
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21|would end life. |
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22| E. 1. No state agency, political subdivision of this state, |
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23|public school district, charter school, virtual charter school, or |
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24|employee or contractor of any such entity shall intimidate, |
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1|threaten, coerce, discipline, discriminate against, or otherwise |
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2|retaliate against a parent or minor child because: |
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3| a. the parent exercised or attempted to exercise any |
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4| right provided pursuant to this section, Title 70 of |
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5| the Oklahoma Statutes, or federal law including, but |
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6| not limited to, IDEA, Section 504 of the |
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7| Rehabilitation Act of 1973, the Americans with |
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8| Disabilities Act of 1990 (ADA), Title VI of the Civil |
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9| Rights Act of 1964, or Title IX of the Education |
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10| Amendments of 1972, |
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11| b. the parent made a complaint, provided information, or |
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12| otherwise cooperated with any investigation, hearing, |
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13| or proceeding regarding the education, services, |
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14| discipline, or safety of his or her minor child, or |
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15| c. the parent assisted or encouraged another parent in |
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16| exercising rights protected by the laws of this state |
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17| or by federal law. |
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18| 2. For the purposes of this subsection, "retaliate" or |
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19|"retaliation" includes, but is not limited to: |
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20| a. excluding or barring a parent from school property or |
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21| school meetings, except as permitted by a court order |
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22| or where necessary to address an actual, documented |
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23| safety threat, |
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1| b. materially limiting a parent's opportunity to |
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2| participate in meetings or decisions about his or her |
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3| minor child, |
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4| c. initiating a report to law enforcement or the |
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5| Department of Human Services in violation of |
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6| subsection D of Section 1-2-101 of Title 10A of the |
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7| Oklahoma Statutes against a parent because of his or |
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8| her advocacy, |
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9| d. taking adverse action against a student including |
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10| changes in placement, services, or discipline that |
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11| would not otherwise have been taken but for the |
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12| parent's advocacy, or |
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13| e. failure to provide proper notice of any proceeding, |
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14| meeting, or disbursement of relative information. |
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15| F. 1. A parent who is aggrieved by a knowing and willful |
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16|violation of the provisions of this section by a public school |
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17|district, charter school, or virtual charter school may: |
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18| a. submit a written complaint with the board of |
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19| education of a public school district or the governing |
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20| body of the charter school or virtual charter school |
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21| which shall issue a written response within fifteen |
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22| (15) business days of receipt of the complaint |
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23| describing any corrective action to be taken, and |
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1| b. if dissatisfied with the response from the board of |
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2| education of the public school district or the |
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3| governing body of the charter school or virtual |
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4| charter school or if no response is provided within |
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5| the time period prescribed by subparagraph a of this |
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6| paragraph, submit a written complaint to the State |
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7| Department of Education. |
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8| 2. Upon receipt of a written complaint pursuant to paragraph 1 |
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9|of this subsection, the State Department of Education shall |
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10|investigate the alleged violation. If the Department finds evidence |
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11|of a violation of the provisions of this section, it may require the |
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12|public school district, charter school, or virtual charter school to |
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13|take corrective action. For repeated or willful violations, the |
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14|Department may make a recommendation to the State Board of Education |
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15|that accreditation penalties be imposed upon or that a portion of |
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16|State Aid be withheld from the school district, charter school, or |
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17|virtual charter school. |
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18| 3. In addition to any other remedy available, a parent whose |
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19|rights provided by this section have been violated may bring a civil |
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20|action against the public school district, charter school, or |
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21|virtual charter school for: |
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22| a. declaratory and injunctive relief, |
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1| b. actual damages including, but not limited to, the |
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2| cost of obtaining replacement services or private |
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3| educational services made necessary by the violation, |
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4| and |
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5| c. reasonable attorney fees and court costs, if the |
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6| parent is the prevailing party. |
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7| 4. Civil actions brought pursuant to this section shall be |
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8|automatically sealed unless expressly waived by the petitioner or |
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9|upon agreement of the parties involved. |
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10| 5. A cause of action brought pursuant to paragraph 3 of this |
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11|subsection shall be filed within two (2) years of when the parent |
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12|knew or reasonably should have known of the violation. |
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13| SECTION 2. This act shall become effective July 1, 2026. |
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14| SECTION 3. It being immediately necessary for the preservation |
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15|of the public peace, health, or safety, an emergency is hereby |
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16|declared to exist, by reason whereof this act shall take effect and |
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17|be in full force from and after its passage and approval. |
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19| 60-2-3303 EB 1/14/2026 1:31:09 PM |
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Req. No. 3303 Page 10
