1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 866 By: Bullard |
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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, |
| Section 2003, which relates to the Parents' Bill of |
8| Rights; modifying certain rights regarding consent |
| for sex education instruction and certain activities |
9| regarding sexuality in certain courses; amending 70 |
| O.S. 2021, Section 11-105.1, which relates to sex |
10| education curriculum and materials; requiring |
| curriculum and materials used in connection to |
11| certain school counselor-led course or used as part |
| of any other class, program, or activity to be |
12| available for inspection; requiring written consent |
| from a parent or guardian for a child to participate |
13| in certain instruction or activities; prohibiting a |
| student from being required to participate in certain |
14| school counselor-led course or certain activities |
| which discuss sexual orientation and gender identity; |
15| requiring a superintendent or designee to approve all |
| curriculum and materials to be used for certain |
16| matters pertaining to sexual orientation, gender |
| identity, or a school counselor-led course; |
17| prohibiting a school district from offering |
| instruction or certain activities on certain matters |
18| to students in certain grade levels; requiring |
| certain prior written notification to include a list |
19| of curriculum and materials to be used in certain |
| activities; providing contents of notification; |
20| providing certain construction; defining terms; |
| directing certain reduction in state funding of a |
21| noncompliant school district in certain fiscal year; |
| providing an effective date; and declaring an |
22| emergency. |
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1| |
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2|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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3| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2003, is |
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4|amended to read as follows: |
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5| Section 2003. A. The board of education of a school district, |
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6|in consultation with parents, teachers, and administrators, shall |
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7|develop and adopt a policy to promote the involvement of parents and |
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8|guardians of children enrolled in the schools within the school |
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9|district, including: |
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10| 1. A plan for parent participation in the schools which is |
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11|designed to improve parent and teacher cooperation in such areas as |
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12|homework, attendance, and discipline; |
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13| 2. Procedures by which parents may learn about the course of |
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14|study for their children and review learning materials, including |
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15|the source of any supplemental educational materials; |
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16| 3. Procedures by which parents who object to any learning |
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17|material or activity on the basis that it is harmful may withdraw |
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18|their children from the activity or from the class or program in |
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19|which the material is used. Objection to a learning material or |
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20|activity on the basis that it is harmful includes objection to a |
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21|material or activity because it questions beliefs or practices in |
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22|sex, morality, or religion; |
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23| 4. If a school district offers any sex education curricula |
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24|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or |
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1|pursuant to any rules adopted by the State Board of Education, |
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2|procedures to opt out of a school district from providing require |
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3|written consent from a parent for a child to participate in sex |
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4|education instruction to a child if the child's parent provides |
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5|written objection to the child's participation in the sex education |
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6|curricula; |
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7| 5. Procedures by which parents will be notified in advance of |
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8|and given the opportunity to withdraw their children from provide |
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9|written consent for a child to participate in any instruction or |
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10|presentations, class, program, test, activity, survey, or |
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11|questionnaire regarding sexuality in courses other than formal sex |
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12|education curricula pursuant to Section 11-105.1 of Title 70 of the |
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13|Oklahoma Statutes; |
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14| 6. Procedures by which parents may learn about the nature and |
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15|purpose of clubs and activities that are part of the school |
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16|curriculum, as well as extracurricular clubs and activities that |
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17|have been approved by the school; and |
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18| 7. Procedures by which parents may learn about parental rights |
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19|and responsibilities under the laws of this state, including the |
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20|following: |
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21| a. the right to opt out of in to a sex education |
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22| curriculum if one is provided by the school district, |
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23| b. open enrollment rights, |
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1| c. the right to opt out of assignments pursuant to this |
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2| section, |
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3| d. the right to be exempt from the immunization laws of |
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4| the state pursuant to Section 1210.192 of Title 70 of |
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5| the Oklahoma Statutes, |
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6| e. the promotion requirements prescribed in Section |
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7| 1210.508E of Title 70 of the Oklahoma Statutes, |
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8| f. the minimum course of study and competency |
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9| requirements for graduation from high school |
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10| prescribed in Section 11-103.6 of Title 70 of the |
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11| Oklahoma Statutes, |
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12| g. the right to opt out of instruction on the acquired |
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13| immune deficiency syndrome pursuant to Section |
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14| 11-103.3 of Title 70 of the Oklahoma Statutes, |
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15| h. the right to review test results, |
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16| i. the right to participate in gifted programs pursuant |
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17| to Sections 1210.301 through 1210.308 of Title 70 of |
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18| the Oklahoma Statutes, |
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19| j. the right to inspect instructional materials used in |
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20| connection with any research or experimentation |
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21| program or project pursuant to Section 11-106 of Title |
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22| 70 of the Oklahoma Statutes, |
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23| k. the right to receive a school report card, |
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1| l. the attendance requirements prescribed in Section |
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2| 10-106 of Title 70 of the Oklahoma Statutes, |
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3| m. the right to public review of courses of study and |
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4| textbooks, |
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5| n. the right to be excused from school attendance for |
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6| religious purposes, |
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7| o. policies related to parental involvement pursuant to |
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8| this section, |
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9| p. the right to participate in parent-teacher |
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10| associations and organizations that are sanctioned by |
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11| the board of education of a school district, and |
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12| q. the right to opt out of any data collection |
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13| instrument at the district level that would capture |
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14| data for inclusion in the state longitudinal student |
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15| data system except what is necessary and essential for |
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16| establishing a student's public school record. |
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17| B. The board of education of a school district may adopt a |
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18|policy to provide to parents the information required by this |
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19|section in an electronic form. |
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20| C. A parent shall submit a written request for information |
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21|pursuant to this section during regular business hours to either the |
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22|school principal at the school site or the superintendent of the |
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23|school district at the office of the school district. Within ten |
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24|(10) days of receiving the request for information, the school |
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1|principal or the superintendent of the school district shall either |
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2|deliver the requested information to the parent or submit to the |
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3|parent a written explanation of the reasons for the denial of the |
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4|requested information. If the request for information is denied or |
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5|the parent does not receive the requested information within fifteen |
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6|(15) days after submitting the request for information, the parent |
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7|may submit a written request for the information to the board of |
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8|education of a school district, which shall formally consider the |
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9|request at the next scheduled public meeting of the board if the |
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10|request can be properly noticed on the agenda. If the request |
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11|cannot be properly noticed on the agenda, the board of education of |
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12|a school district shall formally consider the request at the next |
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13|subsequent public meeting of the board. |
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14| SECTION 2. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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15|amended to read as follows: |
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16| Section 11-105.1. A. All curriculum and materials including |
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17|supplementary materials which will be used to teach or will be used |
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18|for or in connection with a sex education class or program which is |
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19|designed for the exclusive purpose of discussing sexual behavior or |
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20|attitudes,; or any test, school counselor-led course, survey, or |
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21|questionnaire whose primary purpose is to elicit responses on sexual |
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22|behavior or attitudes; or any curriculum, materials, test, survey, |
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23|questionnaire, activity, or instruction of any kind related to |
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24|sexual orientation and gender identity, regardless of whether it is |
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1|offered as part of a sex education class or program or as part of |
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2|any other class, program, or activity shall be available through the |
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3|superintendent or a designee of the school district for inspection |
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4|by parents and guardians of the student who will be involved with |
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5|the instruction, class, program or, test, activity, survey, or |
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6|questionnaire. Such curriculum, materials, classes, programs, |
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7|tests, school counselor-led course, surveys, or questionnaires shall |
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8|include information about consent and shall have as one of its |
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9|primary purposes the teaching of or informing students about the |
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10|practice of abstinence. For the purposes of this section, "consent" |
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11|shall have the same meaning as that provided by Section 113 of Title |
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12|21 of the Oklahoma Statutes. The superintendent or a designee of |
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13|the school district shall provide prior written notification to the |
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14|parents or guardians of the students involved of their right to |
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15|inspect the curriculum and material, and of their obligation to |
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16|notify the parents or guardians shall provide the school in writing |
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17|written consent if they do not want their child to participate in |
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18|the instruction, class, program, test, activity, survey, or |
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19|questionnaire. Each local board of education shall determine the |
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20|means of providing written notification to the parents and guardian |
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21|which will ensure effective notice in an efficient and appropriate |
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22|manner. No student shall be required to participate in a sex |
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23|education class or program or participate in a school counselor-led |
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24|course which discusses sexual behavior or attitudes, or any |
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1|instruction, class, program, test, activity, survey, or |
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2|questionnaire which discusses sexual orientation and gender identity |
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3|if a parent or guardian of the student objects in writing to does |
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4|not provide written consent for such participation. If the type of |
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5|instruction, program, test, activity, survey, or questionnaire |
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6|referred to in this section is a part of or is taught during a |
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7|credit course, a student may be required to enroll in the course but |
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8|shall not be required to receive instruction in or participate in |
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9|the program, test, activity, survey, or questionnaire if a parent or |
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10|guardian objects in writing does not provide written consent. |
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11| B. The superintendent or a designee of a school district in |
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12|which sex education or matters pertaining to sexual orientation or |
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13|gender identity is taught or a program is offered which is designed |
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14|for the exclusive purpose of discussing sexual behavior or attitudes |
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15|or matters pertaining to sexual orientation or gender identity shall |
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16|approve all curriculum and materials which will be used for such |
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17|education and any test, school counselor-led course, survey, or |
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18|questionnaire whose primary purpose is to elicit responses on sexual |
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19|behavior or attitudes used in the school prior to their use in the |
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20|classroom or school. The teacher or school counselor involved in |
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21|the instruction, class, program, testing test, activity, or survey |
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22|shall submit the curriculum, materials, tests, or surveys to the |
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23|superintendent or a designee for approval prior to their use in the |
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24|classroom or school. This section shall not apply to those students |
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1|enrolled in classes, programs, testings tests, or surveys offered |
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2|through an alternative education program. |
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3| C. A school district shall be prohibited from offering |
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4|instruction, a program, a test, an activity, a survey, or a |
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5|questionnaire on matters pertaining to sex education, sexual |
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6|orientation, or gender identity to students in grades |
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7|pre-kindergarten through five. |
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8| D. The prior written notification required by subsection A of |
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9|this section shall include a list with the audio-visual or written |
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10|curriculum and materials to be used in the instruction, class, |
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11|program, test, activity, or survey. The notification shall include: |
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12| 1. A link to the audio-visual or written curriculum and |
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13|materials to be used if they are available electronically; or |
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14| 2. Information on how and where to review a hard copy of the |
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15|audio-visual or written curriculum and materials. |
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16| E. The provisions of this section shall not be construed to |
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17|require written notification prior to: |
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18| 1. A teacher responding to student questions during class |
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19|regarding sexual orientation and gender identity as it relates to |
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20|any topic of instruction; |
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21| 2. Referring to the sexual orientation or gender identity of |
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22|any historic person, group, or public figure when such information |
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23|provides necessary context in relation to any topic of instruction; |
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1| 3. Referring to sexual orientation and gender identity if |
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2|necessary to address a disciplinary matter, such as an instance of |
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3|bullying; or |
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4| 4. Responding to student questions or providing assistance |
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5|relating to the student's physical hygiene. |
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6| F. The provisions of this section shall not be construed to |
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7|require that a public school offer instruction, a class, a program, |
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8|a test, an activity, or a survey on sex education, sexual behavior |
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9|or attitudes, sexual orientation, or gender identity. |
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10| G. For the purposes of this section: |
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11| 1. "Gender identity" means one's psychological sense of their |
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12|gender. Gender identity may also be known as "gender dysphoria," a |
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13|clinically significant distress or impairment related to a strong |
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14|desire to be of another gender, which may include a desire to change |
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15|primary and/or secondary sex characteristics; and |
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16| 2. "Sexual orientation" means an individual's actual or |
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17|perceived orientation as heterosexual, homosexual, or bisexual. |
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18| H. Upon a finding of noncompliance with the provisions of this |
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19|section by the State Board of Education, the noncompliant school |
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20|district shall receive a five percent (5%) reduction in state |
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21|funding for the fiscal year following the year of noncompliance. |
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22| SECTION 3. This act shall become effective July 1, 2023. |
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23| SECTION 4. It being immediately necessary for the preservation |
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24|of the public peace, health or safety, an emergency is hereby |
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1|declared to exist, by reason whereof this act shall take effect and |
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2|be in full force from and after its passage and approval. |
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4| 59-1-28 EB 1/19/2023 11:39:41 AM |
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