1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 872 By: Bullard | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; amending Section 1, | | Chapter 106, O.S.L. 2022 (70 O.S. Supp. 2022, Section | 8| 11-201), which relates to library media programs; | | prohibiting certain materials and resources located | 9| in certain library or elsewhere on certain school | | premises from containing certain depictions or | 10| descriptions; providing certain exception; requiring | | public school districts and charter schools to | 11| conduct certain audit by certain date; directing | | removal of certain materials and resources; requiring | 12| maintenance of certain inventory list; directing | | certain materials and resources to be available for | 13| certain inspection; directing certain recommendations | | to be made by certain individuals; requiring a | 14| superintendent to approve or disapprove certain | | recommendations; providing process for a parent or | 15| legal guardian to request a review of certain | | materials and resources; providing penalty for | 16| failure to remove certain material or resource; | | providing for promulgation of rules; providing an | 17| effective date; and declaring an emergency. | | | 18| | | | 19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 20| SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L. | | | 21|2022 (70 O.S. Supp. 2022, Section 11-201), is amended to read as | | | 22|follows: | | | 23| Section 11-201. A. As school library media center resources | | | 24|are finite, the library media program shall be reflective of the | | | Req. No. 32 Page 1 ___________________________________________________________________________
1|community standards for the population the library media center | | | 2|serves when acquiring an age-appropriate collection of print | | | 3|materials, nonprint materials, multimedia resources, equipment, and | | | 4|supplies adequate in quality and quantity to meet the needs of | | | 5|students in all areas of the school library media program. | | | 6| B. To provide a library media program that meets the provisions | | | 7|of subsection A of this section, no print or nonprint materials or | | | 8|multimedia resources located in a public school district or public | | | 9|charter school library or elsewhere on the premises of the district | | | 10|or charter school shall contain: | | | 11| 1. Visual or visually implied depictions of sexual acts or | | | 12|simulations of such acts; | | | 13| 2. Explicit or implied written descriptions of sexual acts; or | | | 14| 3. Visual depictions of nudity or implied nudity, except for | | | 15|such depictions which may appear in a biology textbook. | | | 16| C. By July 1, 2024, and by July 1 annually thereafter, each | | | 17|public school district and public charter school in this state shall | | | 18|conduct an audit of print and nonprint materials and multimedia | | | 19|resources located in a library or elsewhere on the premises of the | | | 20|district or charter school and shall remove any materials or | | | 21|resources that have content prohibited by subsection B of this | | | 22|section. Beginning July 1, 2024, each public school district and | | | 23|public charter school shall maintain an inventory list of all print | | | 24| | | | Req. No. 32 Page 2 ___________________________________________________________________________
1|and nonprint materials and multimedia resources located in a library | | | 2|or elsewhere on the premises of the district or charter school. | | | 3| D. All print and nonprint materials and multimedia resources | | | 4|shall be available for inspection by parents or legal guardians of | | | 5|students enrolled in a public school district or public charter | | | 6|school. | | | 7| E. Recommendations for new print or nonprint materials and | | | 8|multimedia resources shall be made by the school librarian, library | | | 9|media specialist, or a designee of the superintendent of the public | | | 10|school district or public charter school. The superintendent of the | | | 11|public school district or public charter school shall review and | | | 12|approve or disapprove the recommendations for new print and nonprint | | | 13|materials and multimedia resources. | | | 14| F. 1. The parent or legal guardian of a student enrolled in a | | | 15|public school district or public charter school may submit a written | | | 16|request to the superintendent of the district or charter school to | | | 17|review print or nonprint materials or multimedia resources located | | | 18|on school premises to determine whether they violate the provisions | | | 19|of subsection B of this section. | | | 20| 2. Upon receipt of the written request, the superintendent and | | | 21|the principal of the school site where the material or resource is | | | 22|located shall review the material or resource and within ten (10) | | | 23|business days shall either remove the material or resource from | | | 24| | | | Req. No. 32 Page 3 ___________________________________________________________________________
1|school premises or submit to the parent or legal guardian a written | | | 2|explanation for not removing the material or resource. | | | 3| 3. A parent or legal guardian may appeal the decision of a | | | 4|superintendent and principal to not remove the material or resource | | | 5|from school premises to the school district board of education or | | | 6|the governing board of the charter school. Upon receipt of a | | | 7|written request for appeal, the school district board of education | | | 8|or charter school governing board shall review the material or | | | 9|resource. As part of the appeal process, the parent or legal | | | 10|guardian may read a portion of the material or resource during a | | | 11|public meeting of the school district board of education or charter | | | 12|school governing board. The school district board of education or | | | 13|charter school governing board shall either direct that the material | | | 14|or resource be removed from school premises or submit to the parent | | | 15|or legal guardian a written explanation for not removing the | | | 16|material or resource. | | | 17| 4. A parent or legal guardian may appeal the decision of a | | | 18|school district board of education or charter school governing board | | | 19|to not remove the material or resource from school premises to the | | | 20|State Board of Education. Upon receipt of a written request for | | | 21|appeal, the State Board of Education shall review the material or | | | 22|resource and shall either direct that the material or resource be | | | 23|removed from school premises or submit to the parent or legal | | | 24| | | | Req. No. 32 Page 4 ___________________________________________________________________________
1|guardian a written explanation for not removing the material or | | | 2|resource. | | | 3| 5. A school district or charter school that fails to remove a | | | 4|material or resource as directed by the State Board of Education | | | 5|pursuant to this subsection shall receive a five percent (5%) | | | 6|reduction in state funding for the fiscal year following the fiscal | | | 7|year during which the district or charter school failed to remove | | | 8|the material or resource. | | | 9| G. The State Board of Education shall promulgate rules to | | | 10|implement the provisions of this section. | | | 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| 59-1-32 EB 1/19/2023 11:40:39 AM | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 32 Page 5