BILL NO. 615 By: Bullard,
Bergstrom, Merrick, Jett, Pederson, Kidd, Pemberton, Rogers, Dugger,
Standridge, Quinn, Weaver, Allen, Murdock, Stanley, Garvin, Hamilton, Newhouse,
Coleman, Daniels, Dahm, Taylor, and Stephens of the Senate
and
Williams,
Gann, West (Kevin), Crosswhite Hader, Stearman, West (Josh), Conley, Randleman,
Moore, Boles, Talley, Frix, McDugle, Roe, Russ, Kendrix, Stark, Ford, Burns,
Steagall, Bashore, Luttrell, Smith, and Roberts (Sean) of the House
An Act relating to schools; defining
terms; directing certain schools to require certain restrooms or changing areas
to be used by individuals based on their sex; requiring certain schools to
provide reasonable accommodation to certain individuals; providing exceptions
under certain circumstances; requiring school district boards of education and
public charter school governing boards to adopt certain disciplinary policy;
directing state funding of a noncompliant school district or charter school to
be decreased by certain percentage in certain fiscal year; creating a cause of
action for certain noncompliance; providing for promulgation of rules;
providing for codification; and declaring an emergency.
SUBJECT: Schools
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section
1-125 of Title 70, unless there is created a duplication in numbering, reads as
follows:
A. As used in this section:
1. "Sex" means the physical condition
of being male or female based on genetics and physiology, as identified on the
individual's original birth certificate; and
2. "Multiple occupancy restroom or changing
area" means an area in a public school or public charter school building
designed or designated to be used by more than one individual at a time, where
individuals may be in various stages of undress in the presence of other
individuals. The term may include but is
not limited to a school restroom, locker room, changing room, or shower room.
B. To ensure privacy and safety, each public
school and public charter school that serves students in prekindergarten
through twelfth grades in this state shall require every multiple occupancy
restroom or changing area designated as follows:
1. For the exclusive use of the male sex; or
2. For the exclusive use of the female sex.
C.
Each public school or public charter school in this state shall provide
a reasonable accommodation to any individual who does not wish to comply with
the provisions of subsection B of this section.
A reasonable accommodation shall be access to a single-occupancy
restroom or changing room.
D. The provisions of this section shall not
apply to individuals entering a multiple occupancy restroom or changing area
designated for use by the opposite sex when entering in any of the following
circumstance:
1. For custodial, maintenance, or inspection purposes;
or
2. To render emergency medical assistance.
E. 1.
Each school district board of education and public charter school
governing board shall adopt a policy to provide disciplinary action for
individuals who refuse to comply with the provisions of this section.
2. No school district board of education or
charter school governing board shall adopt a policy contrary to the provisions
of this section.
F. Upon a finding of noncompliance with the
provisions of subsections B and C of this section by the State Board of
Education, the noncompliant school district or public charter school shall
receive a five percent (5%) decrease in state funding for the school district
or public charter school for the fiscal year following the year of
noncompliance.
G. A parent or legal guardian of a student
enrolled in and physically attending a public school district or public charter
school shall have a cause of action against the public school district or
public charter school for noncompliance with the provisions of subsections B
and C of this section.
H. The State Board of Education shall promulgate
rules to implement the provisions of this section.
SECTION
2. It being immediately necessary for the
preservation of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and be in full
force from and after its passage and approval.
Passed the Senate the 19th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of May, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________