1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 474 By: Paxton | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; defining term; directing | | each school district board of education to adopt | 8| certain policy excusing a student to attend certain | | course; providing contents of policy; providing | 9| certain immunity from liability; requiring written | | consent to include certain disclaimer; exempting | 10| instructors of certain course from licensure or | | certification; directing students to be considered in | 11| attendance with a school district while attending | | certain course; providing for the award of elective | 12| credit for completion of certain course; providing | | for evaluation of certain course; providing for | 13| codification; providing an effective date; and | | declaring an emergency. | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 11-101.3 of Title 70, unless | | | 19|there is created a duplication in numbering, reads as follows: | | | 20| A. As used in this section, "released time course" means a | | | 21|period of time during which a student is excused from school to | | | 22|attend a course in religious or moral instruction taught by an | | | 23|independent entity off school property. | | | 24| | | | Req. No. 1550 Page 1 ___________________________________________________________________________
1| B. Each school district board of education shall adopt a policy | | | 2|that excuses a student from school to attend a released time course | | | 3|for no more than three (3) class periods per week or a maximum of | | | 4|one hundred twenty-five (125) class periods per school year; | | | 5|provided, that: | | | 6| 1. The student's parent or legal guardian provides written | | | 7|consent prior to the student's participation in the released time | | | 8|course; | | | 9| 2. The school district and the independent entity offering | | | 10|released time courses do not connect bells, telephones, computers, | | | 11|or other devices between the school district and independent entity | | | 12|buildings; | | | 13| 3. No school district funds are expended and no school district | | | 14|personnel, equipment, or resources are involved in providing the | | | 15|instruction; | | | 16| 4. The school district's class schedule or course catalog does | | | 17|not include a released time course by name, and the school district | | | 18|does not distribute information about a released time course to | | | 19|students or their parents or legal guardians; | | | 20| 5. The independent entity maintains attendance records and | | | 21|makes them available to the school district and its board of | | | 22|education; provided, however, a student's attendance records, | | | 23|grades, and other data related to participation in a released time | | | 24| | | | Req. No. 1550 Page 2 ___________________________________________________________________________
1|course may not be included in school district correspondence or | | | 2|reports to parents or legal guardians of students; | | | 3| 6. Any transportation provided to and from the place of | | | 4|instruction is the sole responsibility of the independent entity, | | | 5|the student, or the student's parent or legal guardian; | | | 6| 7. The independent entity or the student's parent or legal | | | 7|guardian indemnifies the school district and holds it harmless with | | | 8|regard to any liability arising from conduct that does not occur on | | | 9|school property under the control or supervision of the school | | | 10|district, and the independent entity maintains adequate insurance | | | 11|for that purpose; | | | 12| 8. A school district publication does not include pictures, | | | 13|reports, or records of released time courses; | | | 14| 9. The student assumes responsibility for any missed school | | | 15|work; and | | | 16| 10. The school district superintendent, the principal for the | | | 17|school site in which the student is enrolled, or their designees | | | 18|have reasonable discretion over the scheduling and timing of | | | 19|released time courses; provided, the student may not be excused to | | | 20|participate in a released time course during any class in which the | | | 21|subject matter being taught is subject to the assessment | | | 22|requirements of Section 1210.508 of Title 70 of the Oklahoma | | | 23|Statutes. | | | 24| | | | Req. No. 1550 Page 3 ___________________________________________________________________________
1| C. The school district, its board of education, and the state | | | 2|shall not be liable for the student who participates in a released | | | 3|time course. | | | 4| D. The written consent required by paragraph 1 of subsection B | | | 5|of this section shall provide a disclaimer that: | | | 6| 1. Eliminates any actual or perceived affirmative school | | | 7|sponsorship or attribution to the school district or its board of | | | 8|education of an endorsement of religious instruction; and | | | 9| 2. Waives any right of the student's parent or legal guardian | | | 10|to hold the school district, its board of education, employees of | | | 11|the school district, or the state liable for the student | | | 12|participating in a released time course. | | | 13| E. Instructors hired by an independent entity to provide a | | | 14|released time course shall not be required to be licensed or | | | 15|certified teachers. | | | 16| F. A student who attends a released time course shall be | | | 17|considered in attendance in the school district, and the time shall | | | 18|be calculated as part of the school day. | | | 19| G. A school district board of education shall award a student | | | 20|credit for work completed in a released time course that is | | | 21|substantiated by a transcript from the independent entity providing | | | 22|the course. A student shall be awarded elective credit for the | | | 23|completion of each released time course. To determine whether | | | 24|elective credit may be awarded as provided for in this subsection, | | | Req. No. 1550 Page 4 ___________________________________________________________________________
1|the board of education shall evaluate the course in a neutral and | | | 2|secular manner that does not involve any test for religious content | | | 3|or denominational affiliation. For purposes of this subsection, the | | | 4|secular criteria used to evaluate a released time course may | | | 5|include: | | | 6| 1. The amount of classroom instruction time; | | | 7| 2. The course syllabus, which reflects the course requirements | | | 8|and any materials used in the course; | | | 9| 3. Methods of assessment used in the course; and | | | 10| 4. The qualifications of the course instructor. | | | 11| SECTION 2. This act shall become effective July 1, 2023. | | | 12| SECTION 3. It being immediately necessary for the preservation | | | 13|of the public peace, health, or safety, an emergency is hereby | | | 14|declared to exist, by reason whereof this act shall take effect and | | | 15|be in full force from and after its passage and approval. | | | 16| | | | 17| 59-1-1550 EB 1/17/2023 2:10:29 PM | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1550 Page 5