Bill Text For SB0872 - Introduced

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