1| STATE OF OKLAHOMA |
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2| 1st Session of the 60th Legislature (2025) |
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3|SENATE BILL 759 By: Prieto |
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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, |
| Sections 2001, 2002, 2003, 2004, and 2005, which |
8| relate to the Parents' Bill of Rights; clarifying |
| entities that shall not infringe on certain rights of |
9| parents; modifying definition; modifying right to |
| access and review certain medical records; expanding |
10| right to consent to include making of certain |
| photograph; modifying certain exception regarding |
11| withholding of information from a child's parent; |
| directing the State Board of Education to develop |
12| certain training materials; directing school district |
| boards of education to use the training materials to |
13| train school district employees at the beginning of |
| every school year; providing certain construction; |
14| requiring written consent to provide sex education |
| instruction to a child; requiring written consent to |
15| provide instruction or presentations regarding |
| sexuality; requiring a school district board of |
16| education to adopt procedures to provide notification |
| and require written consent prior to providing |
17| instruction or presentations on sexual orientation or |
| gender identity; prohibiting certain instruction or |
18| presentations from being included in any course of |
| instruction; requiring notification and written |
19| consent prior to a child participating in any clubs |
| or activities; providing for right to review certain |
20| books and materials; requiring boards of education to |
| make available for public inspection certain |
21| information; reducing time period allowed for |
| delivery of requested information or a written |
22| explanation for denial; requiring boards of education |
| to adopt procedures for notification of parental |
23| concerns; providing for contents of procedures; |
| providing process to request parental concern |
24| hearing; providing for promulgation of rules; |
| providing for minimum contents of rules; providing |
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1| for cause of action; requiring boards of education to |
| adopt procedures to provide notification of certain |
2| remedies; prohibiting certain employee from |
| performing certain assessments without certain |
3| written consent; defining term; requiring boards of |
| education to adopt procedures to provide notification |
4| of certain changes in services and changes in certain |
| names or pronouns; updating statutory language; |
5| amending 70 O.S. 2021, Section 11-105.1, which |
| relates to sex education curriculum and materials; |
6| requiring written consent from a parent or guardian |
| for a child to participate in certain instruction or |
7| activities; updating statutory language; providing an |
| effective date; and declaring an emergency. |
8| |
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9| |
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10| |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is |
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13|amended to read as follows: |
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14| Section 2001. A. This act shall be known and may be cited as |
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15|the "Parents' Bill of Rights". |
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16| B. This state, any school district or school district board of |
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17|education, any other political subdivision of this state, or any |
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18|other governmental entity shall not infringe on the fundamental |
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19|right of parents to direct the upbringing, education, health care, |
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20|and mental health of their children without demonstrating that the |
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21|compelling governmental interest as applied to the child involved is |
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22|of the highest order, is narrowly tailored, and is not otherwise |
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23|served by a less restrictive means. |
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24| |
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1| C. As used in the Parents' Bill of Rights, "parent" means the |
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2|natural or adoptive parent or legal guardian of a minor child. A |
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3|person whose parental rights have been terminated by a court of this |
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4|state shall not be considered a parent to that child for the |
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5|purposes of the Parents' Bill of Rights. |
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6| SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is |
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7|amended to read as follows: |
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8| Section 2002. A. All parental rights are reserved to a parent |
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9|of a minor child without obstruction or interference from this |
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10|state, any political subdivision of this state, any other |
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11|governmental entity, or any other institution, including, but not |
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12|limited to, the following rights: |
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13| 1. The right to direct the education of the minor child; |
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14| 2. All rights of parents identified in Title 70 of the Oklahoma |
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15|Statutes, including the right to access and review all school |
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16|records relating to the minor child; |
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17| 3. The right to direct the upbringing of the minor child; |
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18| 4. The right to direct the moral or religious training of the |
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19|minor child; |
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20| 5. The right to make healthcare health care decisions for the |
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21|minor child, unless otherwise prohibited by law; |
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22| 6. The right to access and review all medical records of the |
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23|minor child, whether held by the state, any political subdivision of |
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24|this state, or any other governmental entity or nongovernmental |
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1|entity, unless otherwise prohibited by law or the parent is the |
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2|subject of an investigation of a crime committed against the minor |
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3|child and a law enforcement official requests that the information |
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4|not be released; |
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5| 7. The right to consent in writing before a biometric scan of |
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6|the minor child is made, shared, or stored; |
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7| 8. The right to consent in writing before any record of the |
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8|minor child's blood or deoxyribonucleic acid (DNA) is created, |
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9|stored, or shared, except as required by Sections 1-516 and 1-524.1 |
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10|of Title 63 of the Oklahoma Statutes, or unless authorized pursuant |
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11|to a court order; |
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12| 9. The right to consent in writing before the state or any of |
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13|its political subdivisions makes a photograph, video, or voice |
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14|recording of the minor child, unless the photograph, video, or voice |
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15|recording is made during or as a part of a court proceeding, by law |
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16|enforcement officers during or as part of a law enforcement |
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17|investigation, during or as part of a forensic interview in a |
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18|criminal or Department of Human Services investigation, or to be |
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19|used solely for any of the following: |
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20| a. safety demonstrations, including the maintenance of |
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21| order and discipline in the common areas of a school |
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22| or on student transportation vehicles, |
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23| b. a purpose related to a legitimate academic or |
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24| extracurricular activity, |
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1| c. a purpose related to regular classroom instruction, |
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2| d. security or surveillance of buildings or grounds, and |
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3| |
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4| e. a photo identification card; and |
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5| 10. The right to be notified promptly if an employee of this |
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6|state, any political subdivision of this state, any other |
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7|governmental entity, or any other institution suspects that a |
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8|criminal offense has been committed against the minor child by |
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9|someone other than a parent, unless the incident has first been |
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10|reported to law enforcement and notification of the parent would |
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11|impede a law enforcement or Department of Human Services |
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12|investigation. This paragraph does not create any new obligation |
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13|for school districts and charter schools to report misconduct |
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14|between students at school, such as fighting or aggressive play, |
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15|that is routinely addressed as a student disciplinary matter by the |
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16|school. |
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17| B. This section does not authorize or allow a parent to engage |
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18|in conduct that is unlawful or to abuse or neglect a child in |
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19|violation of the laws of this state. This section shall not be |
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20|construed to apply to a parental action or decision that would end |
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21|life. This section does not prohibit courts, law enforcement |
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22|officers, or employees of a government agency responsible for child |
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23|welfare from acting in their official capacity within the reasonable |
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24|and prudent scope of their authority. This section does not |
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1|prohibit a court from issuing an order that is otherwise permitted |
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2|by law. |
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3| C. Any attempt to encourage or coerce a minor child to withhold |
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4|information from the child's parent shall be grounds for discipline |
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5|of an employee of this state, any political subdivision of this |
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6|state, or any other governmental entity, except for encouragement by |
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7|law enforcement personnel when a parent is the subject of an |
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8|investigation of a crime committed against the minor child. |
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9| D. Unless those rights have been legally waived or legally |
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10|terminated, parents have inalienable rights that are more |
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11|comprehensive than those listed in this section. The Parents' Bill |
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12|of Rights does not prescribe all rights of parents. Unless |
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13|otherwise required by law, the rights of parents of minor children |
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14|shall not be limited or denied. The Parents' Bill of Rights shall |
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15|not be construed to apply to a parental action or decision that |
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16|would end life. |
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17| SECTION 3. AMENDATORY 25 O.S. 2021, Section 2003, is |
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18|amended to read as follows: |
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19| Section 2003. A. 1. The State Board of Education shall |
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20|develop training materials for the purpose of providing in-service |
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21|training to all school district personnel including administrators |
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22|and school district board of education members to make clear the |
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23|legislative intent of the Parents' Bill of Rights and what is |
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24| |
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1|expected of them with regard to their responsibility to protect |
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2|parents' civil and constitutional rights pursuant to this section. |
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3| 2. School district boards of education shall use the training |
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4|materials developed pursuant to paragraph 1 of this subsection to |
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5|train all school district employees at the beginning of every school |
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6|year. Failure to receive the training required by this paragraph |
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7|shall not be considered a legal defense to an alleged violation of |
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8|parental rights. |
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9| B. The board of education of a school district, in consultation |
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10|with parents, teachers, and administrators, shall develop and adopt |
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11|a policy to promote the involvement of parents and guardians of |
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12|children enrolled in the schools within the school district, |
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13|including: |
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14| 1. A plan for parent participation in the schools which is |
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15|designed to improve parent and teacher cooperation in such areas as |
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16|homework, attendance, and discipline; |
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17| 2. Procedures by which parents may learn about the course of |
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18|study for their children and review learning materials, including |
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19|the source of any supplemental educational materials; |
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20| 3. Procedures by which parents who object to any learning |
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21|material or activity on the basis that it is harmful may withdraw |
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22|their children from the activity or from the class or program in |
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23|which the material is used. Objection to a learning material or |
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24|activity on the basis that it is harmful includes objection to a |
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1|material or activity because it questions beliefs or practices in |
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2|sex, morality, or religion; |
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3| 4. If a school district offers any sex education curricula |
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4|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or |
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5|pursuant to any rules adopted by the State Board of Education, |
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6|procedures to opt out of a school district from providing requiring |
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7|written consent from a parent for a school district to provide sex |
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8|education instruction to a child if the child's parent provides |
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9|written objection to the child's participation in the sex education |
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10|curricula. In the absence of written consent from a parent, a child |
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11|shall be considered automatically withdrawn from the sex education |
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12|curricula; |
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13| 5. Procedures by which parents will be notified in advance of |
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14|and given the opportunity to withdraw approve, in writing, the |
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15|participation of their children from in any instruction or |
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16|presentations regarding sexuality in courses other than formal sex |
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17|education curricula pursuant to Section 11-105.1 of Title 70 of the |
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18|Oklahoma Statutes. In the absence of written consent from a parent, |
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19|a child shall be considered automatically withdrawn from any |
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20|instruction or presentations regarding sexuality; |
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21| 6. Procedures by which parents will be notified in advance of |
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22|and given the opportunity to approve, in writing, the participation |
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23|of their children in any instruction or presentations on sexual |
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24|orientation or gender identity. In the absence of written consent |
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1|from a parent, a child shall be considered automatically withdrawn |
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2|from instruction or presentations on sexual orientation or gender |
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3|identity. Instruction or presentations on sexual orientation or |
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4|gender identity shall not be included in any course of instruction |
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5|offered in public schools in this state, including, without |
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6|limitation, the standard course of study and support materials, |
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7|locally developed curriculum, supplemental instruction, textbooks, |
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8|or other supplementary materials, regardless of whether such |
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9|instruction or presentations are provided by school personnel or |
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10|third parties; |
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11| 7. Procedures by which parents may learn about the nature and |
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12|purpose of clubs and activities that are part of the school |
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13|curriculum, as well as extracurricular clubs and activities that |
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14|have been approved by the school or the school district board of |
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15|education and procedures by which parents will be notified of and |
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16|given the opportunity to approve, in writing, the participation of |
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17|their child in any clubs or activities. In the absence of written |
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18|consent from a parent, a child shall be considered ineligible to |
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19|participate in clubs or activities; and |
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20| 7. 8. Procedures by which parents may learn about parental |
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21|rights and responsibilities under the laws of this state, including |
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22|the following: |
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23| a. the right to opt out of in to a sex education |
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24| curriculum if one is provided by the school district, |
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1| b. open enrollment rights, |
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2| c. the right to opt out of assignments pursuant to this |
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3| section, |
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4| d. the right to be exempt from the immunization laws of |
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5| the state pursuant to Section 1210.192 of Title 70 of |
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6| the Oklahoma Statutes, |
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7| e. the promotion requirements prescribed in Section |
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8| 1210.508E of Title 70 of the Oklahoma Statutes |
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9| provisions of the Strong Readers Act, |
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10| f. the minimum course of study and competency |
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11| requirements for graduation from high school |
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12| prescribed in Section 11-103.6 of Title 70 of the |
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13| Oklahoma Statutes, |
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14| g. the right to opt out of instruction on the acquired |
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15| immune deficiency syndrome pursuant to Section |
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16| 11-103.3 of Title 70 of the Oklahoma Statutes, |
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17| h. the right to review test results, |
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18| i. the right to participate in gifted programs pursuant |
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19| to Sections 1210.301 through 1210.308 of Title 70 of |
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20| the Oklahoma Statutes, |
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21| j. the right to inspect instructional materials used in |
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22| connection with any research or experimentation |
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23| program or project pursuant to Section 11-106 of Title |
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24| 70 of the Oklahoma Statutes, |
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1| k. the right to receive a school report card, |
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2| l. the right to receive the attendance requirements |
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3| prescribed in Section 10-106 of Title 70 of the |
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4| Oklahoma Statutes, |
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5| m. the right to public review of courses of study and |
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6| textbooks, |
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7| n. the right to public review of library books and |
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8| materials used in the classrooms or any other school |
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9| room accessible to students, |
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10| o. the right to be excused from school attendance for |
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11| religious purposes, |
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12| o. p. policies related to parental involvement pursuant to |
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13| this section, |
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14| p. q. the right to participate in parent-teacher |
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15| associations and organizations that are sanctioned by |
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16| the board of education of a school district, and |
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17| q. r. the right to opt out of any data collection |
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18| instrument at the district level including those that |
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19| would capture data for inclusion in the state |
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20| longitudinal student data system except what is |
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21| necessary and essential for establishing a student's |
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22| public school record. |
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23| B. C. 1. The board of education of a school district shall |
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24|adopt a policy to make available for public inspection printed |
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1|copies of information required by this section including the board |
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2|of education's policy manual and any parent or student handbook. |
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3| 2. The board of education of a school district may adopt a |
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4|policy to provide to parents the public the information required by |
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5|this section in an electronic form including the board of |
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6|education's policy manual and any parent or student handbook. |
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7| C. D. A parent shall submit a written request for information |
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8|pursuant to this section during regular business hours to either the |
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9|school principal at the school site or the superintendent of the |
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10|school district at the office of the school district. Within ten |
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11|(10) seven (7) days of receiving the request for information, the |
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12|school principal or the superintendent of the school district shall |
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13|either deliver the requested information to the parent or submit to |
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14|the parent a written explanation of the reasons for the denial of |
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15|the requested information. If the request for information is denied |
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16|or the parent does not receive the requested information within |
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17|fifteen (15) ten (10) days after submitting the request for |
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18|information, the parent may submit a written request for the |
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19|information to the board of education of a school district, which |
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20|shall formally consider the request at the next scheduled public |
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21|meeting of the board if the request can be properly noticed on the |
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22|agenda. If the request cannot be properly noticed on the agenda, |
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23|the board of education of a school district shall formally consider |
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24|the request at the next subsequent public meeting of the board. |
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1| E. A school district board of education shall adopt procedures |
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2|for a parent to notify the principal of the school in which his or |
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3|her child is enrolled regarding concerns about the school district's |
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4|procedures or practices adopted to implement the Parents' Bill of |
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5|Rights and a process for resolving concerns within seven (7) days of |
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6|receiving the notification from a parent. If the parental concerns |
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7|have not been resolved within twenty-one (21) days of receiving the |
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8|notification from a parent, the school district shall provide a |
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9|statement of the reasons for not resolving the concerns. If a |
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10|parental concern submitted pursuant to this subsection is not |
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11|satisfactorily resolved by the school district within thirty (30) |
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12|days, a parent may: |
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13| 1. Notify the State Board of Education of the concern and |
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14|request a parental concern hearing. The Board shall promulgate |
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15|rules establishing procedures for parental concern hearings, which |
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16|shall include at a minimum the following: |
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17| a. the State Board of Education shall appoint a |
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18| qualified hearing officer, who shall be admitted to |
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19| practice law in this state pursuant to Section 12 of |
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20| Title 5 of the Oklahoma Statutes with demonstrated |
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21| experience in education or administrative law within |
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22| the last five (5) years, |
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23| b. the hearing officer shall determine facts related to |
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24| the dispute over the school district's procedure or |
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1| practice, consider information provided by the school |
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2| district and the parent, and render a recommended |
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3| decision for resolution to the State Board of |
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4| Education within thirty (30) days of the concern being |
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5| referred to the hearing officer, |
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6| c. the State Board of Education shall approve or reject |
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7| the recommended decision for resolution at its next |
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8| regularly scheduled board meeting held within seven |
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9| (7) days of receipt of the recommended decision, and |
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10| d. the school district shall pay the cost of the hearing |
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11| officer and any associated costs incurred by the State |
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12| Board of Education for conducting the parental concern |
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13| hearing; or |
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14| 2. Bring an action against the school district for injunctive |
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15|relief and a declaratory judgment that the district's procedure or |
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16|practice violates any provision of the Parents' Bill of Rights. The |
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17|court may award injunctive relief to a parent and shall award |
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18|reasonable attorney fees and costs to a parent awarded injunctive |
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19|relief. |
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20| F. Each school district board of education shall adopt |
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21|procedures to notify parents at the beginning of each school year of |
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22|the procedures to exercise parental remedies as outlined in |
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23|subsection E of this section. |
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24| |
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1| SECTION 4. AMENDATORY 25 O.S. 2021, Section 2004, is |
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2|amended to read as follows: |
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3| Section 2004. A. 1. Except as otherwise provided by law, no |
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4|person, corporation, association, organization, state-supported |
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5|institution, or individual employed by any of these entities may |
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6|procure, solicit to perform, arrange for the performance of, perform |
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7|surgical procedures, or perform a physical examination upon a minor |
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8|or prescribe any prescription drugs to a minor without first |
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9|obtaining a written consent of a parent or legal guardian of the |
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10|minor. Provided, however, that if written consent is provided to a |
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11|school district for assessment or treatment, such consent shall be |
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12|effective for the school year for which it is granted and shall be |
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13|renewed each subsequent school year. If an assessment or treatment |
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14|is performed through telemedicine at a school site and if consent |
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15|has been provided by the parent and is currently effective, the |
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16|health professional shall not be required to verify that the parent |
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17|is at the site. |
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18| 2. Notwithstanding the written consent provisions of paragraph |
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19|1 of this subsection, an employee of a school district who does not |
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20|possess the proper professional license issued by this state shall |
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21|not perform an assessment of the physical needs of a minor without |
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22|first obtaining the written consent of a parent of the minor. |
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23| B. Except as otherwise provided by law, no hospital as defined |
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24|in Section 1-701 of Title 63 of the Oklahoma Statutes may permit |
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1|surgical procedures to be performed upon a minor in its facilities |
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2|without first having received a written consent from a parent or |
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3|legal guardian of the minor. |
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4| C. The provisions of this section shall not apply when it has |
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5|been determined by a physician that an emergency exists and that it |
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6|is necessary to perform such surgical procedures for the treatment |
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7|of an injury, illness or drug abuse, or to save the life of the |
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8|patient, or when such parent or other adult authorized by law to |
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9|consent on behalf of a minor cannot be located or contacted after a |
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10|reasonably diligent effort. |
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11| D. The provisions of this section shall not apply to an |
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12|abortion, which shall be governed by the provisions of Sections |
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13|1-740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63 |
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14|of the Oklahoma Statutes or any successor statute. |
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15| E. A person who violates a provision of this section is guilty |
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16|of a misdemeanor, punishable by a fine of not more than One Thousand |
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17|Dollars ($1,000.00) or imprisonment of not more than one (1) year in |
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18|the county jail, or by both such fine and imprisonment. |
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19| SECTION 5. AMENDATORY 25 O.S. 2021, Section 2005, is |
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20|amended to read as follows: |
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21| Section 2005. A. 1. Except as otherwise provided by law or a |
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22|court order, no person, corporation, association, organization, or |
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23|state-supported institution, or any individual employed by any of |
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24|these entities, may procure, solicit to perform, arrange for the |
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1|performance of, or perform an assessment for mental health therapy |
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2|on a minor without first obtaining the written consent of a parent |
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3|or a legal guardian of the minor child. Provided, however, that if |
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4|written consent is provided to a school district for assessment or |
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5|treatment, such consent shall be effective for the school year for |
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6|which it is granted and shall be renewed each subsequent school |
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7|year. If an assessment or treatment is performed through |
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8|telemedicine at a school site and if consent has been provided by |
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9|the parent and is currently effective, the health professional shall |
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10|not be required to verify that the parent is at the site. However, |
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11|a child shall not be seen without consent. For the purposes of this |
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12|section, "mental health treatment" includes therapy and counseling |
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13|services but does not include counseling on college and career |
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14|readiness. |
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15| 2. Notwithstanding the written consent provisions of paragraph |
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16|1 of this subsection, an employee of a school district who does not |
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17|possess the proper professional license issued by this state shall |
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18|not perform an assessment of the mental or psychological needs of a |
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19|minor without first obtaining the written consent of a parent of the |
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20|minor. |
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21| B. This section does not apply when an emergency exists that |
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22|requires a person with the proper professional license issued by |
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23|this state to perform mental health screening or provide mental |
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24| |
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1|health treatment to prevent serious injury to or save the life of a |
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2|minor child. |
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3| C. Each school district board of education shall adopt |
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4|procedures to notify a parent: |
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5| 1. Prior to or contemporaneous with changes in services, notice |
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6|of changes in services, or monitoring related to his or her child's |
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7|mental, emotional, or physical health or well-being and the school |
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8|district's ability to provide a safe and supportive learning |
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9|environment for the child; and |
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10| 2. Prior to any changes in the name or pronoun used for a child |
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11|in school records or by school personnel. |
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12| D. A person who violates this section is guilty of a |
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13|misdemeanor, punishable by a fine of not more than One Thousand |
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14|Dollars ($1,000.00) or imprisonment of not more than one (1) year in |
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15|the county jail, or by both such fine and imprisonment. |
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16| SECTION 6. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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17|amended to read as follows: |
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18| Section 11-105.1. A. All curriculum and materials including |
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19|supplementary materials which will be used to teach or will be used |
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20|for or in connection with a sex education class or program which is |
| |
21|designed for the exclusive purpose of discussing sexual behavior or |
| |
22|attitudes, or any test, survey, or questionnaire whose primary |
| |
23|purpose is to elicit responses on sexual behavior or attitudes shall |
| |
24|be available through the superintendent or a designee of the school |
| |
Req. No. 292 Page 18
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1|district for inspection by parents and legal guardians of the |
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2|student who will be involved with the class, program or, test, |
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3|survey, or questionnaire. Such curriculum, materials, classes, |
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4|programs, tests, surveys, or questionnaires shall include |
| |
5|information about consent and shall have as one of its their primary |
| |
6|purposes the teaching of or informing students about the practice of |
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7|abstinence. For the purposes of this section, "consent" shall have |
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8|the same meaning as that provided by Section 113 of Title 21 of the |
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9|Oklahoma Statutes. The superintendent or a designee of the school |
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10|district shall provide prior written notification to the parents or |
| |
11|legal guardians of the students involved of their right to inspect |
| |
12|the curriculum and material and of their obligation to notify the |
| |
13|right of parents or legal guardians to provide the school in writing |
| |
14|written consent if they do not want their child to participate in |
| |
15|the class, program, test, survey, or questionnaire. Each local |
| |
16|board of education shall determine the means of providing written |
| |
17|notification to the parents and guardian legal guardians which will |
| |
18|ensure effective notice in an efficient and appropriate manner. No |
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19|student shall be required to participate in a sex education class or |
| |
20|program which discusses sexual behavior or attitudes if a parent or |
| |
21|legal guardian of the student objects in writing to does not provide |
| |
22|written consent for such participation. If the type of program |
| |
23|referred to in this section is a part of or is taught during a |
| |
24|credit course, a student may be required to enroll in the course but |
| |
Req. No. 292 Page 19
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1|shall not be required to receive instruction in or participate in |
| |
2|the program if a parent or legal guardian objects in writing does |
| |
3|not provide written consent. |
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4| B. The superintendent or a designee of a school district in |
| |
5|which sex education is taught or a program is offered which is |
| |
6|designed for the exclusive purpose of discussing sexual behavior or |
| |
7|attitudes shall approve all curriculum and materials which will be |
| |
8|used for such education and any test, survey, or questionnaire whose |
| |
9|primary purpose is to elicit responses on sexual behavior or |
| |
10|attitudes used in the school prior to their use in the classroom or |
| |
11|school. The teacher involved in the class, program, testing, or |
| |
12|survey shall submit the curriculum, materials, tests, or surveys to |
| |
13|the superintendent or a designee for approval prior to their use in |
| |
14|the classroom or school. This section shall not apply to those |
| |
15|students enrolled in classes, programs, testings, or surveys offered |
| |
16|through an alternative education program. |
| |
17| SECTION 7. This act shall become effective July 1, 2025. |
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18| SECTION 8. It being immediately necessary for the preservation |
| |
19|of the public peace, health, or safety, an emergency is hereby |
| |
20|declared to exist, by reason whereof this act shall take effect and |
| |
21|be in full force from and after its passage and approval. |
| |
22| |
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23| 60-1-292 EB 1/15/2025 3:32:16 PM |
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24| |
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Req. No. 292 Page 20
