Bill Text For SB0030 - Introduced

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