1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 30 By: Rogers | | | 4| | | | 5| AS INTRODUCED | | | 6| An Act relating to schools; requiring each school | | district board of education to adopt certain | 7| notification procedures regarding changes in a | | student's mental, emotional, or physical health or | 8| well-being; prohibiting a board of education from | | adopting procedures that prohibit district personnel | 9| from providing certain notification about a student's | | mental, emotional, or physical health or well-being; | 10| directing district personnel not to discourage or | | prohibit certain notification; providing exception to | 11| disclosure of certain information under certain | | circumstances; prohibiting school district and public | 12| charter school employees and volunteers from | | referring to a student with certain name or certain | 13| pronoun without certain written consent; providing | | certain exceptions; defining term; prohibiting | 14| instruction on sexual orientation or gender identity | | in certain grades; directing instruction on sexual | 15| orientation or gender identity in certain grades to | | meet certain criteria; requiring certain | 16| questionnaire or health screening for students in | | certain grades to be provided to parents or legal | 17| guardians; requiring written consent prior to | | administration of certain questionnaire or survey; | 18| directing school district boards of education to | | adopt certain notification procedures; providing for | 19| contents of procedures; providing for promulgation of | | certain rules and guidelines; providing for | 20| codification; providing an effective date; and | | declaring an emergency. | 21| | | | 22| | | | 23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 24| | | | Req. No. 477 Page 1 ___________________________________________________________________________
1| SECTION 1. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 11-105.2 of Title 70, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| A. Each school district board of education shall adopt | | | 5|procedures providing for notification of a student's parent or legal | | | 6|guardian if there is a change in the student's services related to | | | 7|the student's mental, emotional, or physical health or well-being | | | 8|and the school's ability to provide a safe and supportive learning | | | 9|environment for the student. | | | 10| B. 1. A school district board of education shall not adopt | | | 11|procedures that prohibit school district personnel from notifying a | | | 12|parent or legal guardian about his or her student's mental, | | | 13|emotional, or physical health or well-being or a change in related | | | 14|services or that encourage or have the effect of encouraging a | | | 15|student to withhold such information from a parent or legal | | | 16|guardian. School district personnel shall not discourage or | | | 17|prohibit notification of a parent or legal guardian of and | | | 18|involvement in critical decisions affecting a student's mental, | | | 19|emotional, or physical health or well-being. | | | 20| 2. The provisions of this subsection shall not prohibit a | | | 21|school district from adopting procedures that permit school district | | | 22|personnel to withhold such information from a parent or legal | | | 23|guardian if a reasonably prudent person would believe that | | | 24|disclosure would result in abuse, abandonment, or neglect, as the | | | Req. No. 477 Page 2 ___________________________________________________________________________
1|terms are defined in Section 1-1-105 of Title 10A of the Oklahoma | | | 2|Statutes. | | | 3| C. 1. Except as provided for in paragraph 2 of this | | | 4|subsection, employees and volunteers of school districts and public | | | 5|charter schools in this state shall be prohibited from referring to | | | 6|a student under the age of eighteen (18) with a name other than that | | | 7|which appears on the student's original birth certificate without | | | 8|written consent from the student's parent or legal guardian. | | | 9| 2. Employees and volunteers of school districts and public | | | 10|charter schools may: | | | 11| a. refer to a student with a name that is a shortened | | | 12| version of the first name that appears on the | | | 13| student's original birth certificate, or | | | 14| b. refer to a student with the middle name that appears | | | 15| on the student's original birth certificate. | | | 16| D. Employees and volunteers of school districts and public | | | 17|charter schools in this state shall be prohibited from referring to | | | 18|a student under the age of eighteen (18) with a pronoun other than | | | 19|that which corresponds to the student's biological sex without | | | 20|written consent from the student's parent or legal guardian. For | | | 21|the purposes of this subsection, "biological sex" means the physical | | | 22|condition of being male or female based on genetics and physiology | | | 23|as identified on the student's original birth certificate. | | | 24| | | | Req. No. 477 Page 3 ___________________________________________________________________________
1| E. Classroom instruction provided by school district personnel | | | 2|or third parties on sexual orientation or gender identity: | | | 3| 1. Shall not occur in grades kindergarten through six; and | | | 4| 2. Shall be provided in a manner that is age-appropriate or | | | 5|developmentally appropriate for students in grades seven through | | | 6|twelve. | | | 7| F. Prior to administering a student well-being questionnaire or | | | 8|health screening form to a student in grades kindergarten through | | | 9|three, a school district shall provide the questionnaire or health | | | 10|screening form to the parents or legal guardians of the students and | | | 11|shall obtain written consent from the parents or legal guardians | | | 12|prior to administration of the questionnaire or survey. | | | 13| G. 1. Each school district board of education shall adopt | | | 14|procedures for a parent or legal guardian to notify the district | | | 15|superintendent or his or her designee regarding concerns relating to | | | 16|this section and the process for resolving those concerns within | | | 17|seven (7) calendar days after receipt of notification from the | | | 18|parent or legal guardian. | | | 19| 2. At a minimum, the procedures shall require that within | | | 20|thirty (30) days after notification from a parent or legal guardian | | | 21|that the concern remains unresolved, the school district shall | | | 22|either resolve the concern or provide a statement of the reasons for | | | 23|not resolving the concern. | | | 24| | | | Req. No. 477 Page 4 ___________________________________________________________________________
1| 3. If a concern is not resolved by the school district, a | | | 2|parent or legal guardian may: | | | 3| a. request the State Superintendent of Public | | | 4| Instruction to appoint an administrative law judge, | | | 5| who shall determine facts relating to the dispute over | | | 6| the school district procedures, consider information | | | 7| provided by the school district, and render a | | | 8| recommended decision for resolution to the State Board | | | 9| of Education within thirty (30) days of receipt of the | | | 10| request by the parent or legal guardian. The State | | | 11| Board of Education shall approve or reject the | | | 12| recommended decision at its next regularly scheduled | | | 13| meeting that is more than seven (7) calendar days and | | | 14| no more than thirty (30) days after receipt of the | | | 15| recommended decision. The costs of the administrative | | | 16| law judge shall be borne by the school district, or | | | 17| b. bring an action against the school district to obtain | | | 18| a declaratory judgment that the school district | | | 19| procedures violate the provisions of this section and | | | 20| seek injunctive relief. A court may award damages and | | | 21| shall award reasonable attorney fees and court costs | | | 22| to a parent or legal guardian who receives declaratory | | | 23| or injunctive relief. | | | 24| | | | Req. No. 477 Page 5 ___________________________________________________________________________
1| H. Each school district board of education shall adopt policies | | | 2|to notify parents and legal guardians of the procedures adopted | | | 3|pursuant to this section. | | | 4| I. The State Board of Education shall promulgate rules to | | | 5|implement the provisions of this section including but not limited | | | 6|to school district personnel guidelines that conform to the | | | 7|provisions of this section. | | | 8| SECTION 2. This act shall become effective July 1, 2023. | | | 9| SECTION 3. It being immediately necessary for the preservation | | | 10|of the public peace, health, or safety, an emergency is hereby | | | 11|declared to exist, by reason whereof this act shall take effect and | | | 12|be in full force from and after its passage and approval. | | | 13| | | | 14| 59-1-477 EB 12/13/2022 2:35:17 PM | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 477 Page 6