Bill Text For SB0932 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 932                      By: Jett                          |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to education; prohibiting certain               |
  |       employees, volunteers, and contractors from using               |
 8|       certain names or pronouns without certain consent;              |
  |       defining term; prohibiting certain schools and                  |
 9|       institutions from requiring use of certain pronouns;            |
  |       providing penalty for noncompliance; providing for              |
10|       certain relief; providing for promulgation of rules;            |
  |       providing for codification; providing an effective              |
11|       date; and declaring an emergency.                               |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 1-126 of Title 70, unless there    |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  Employees, volunteers, and contractors of a school district,   |
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19|public charter school, public virtual charter school, technology       |
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20|center school, or institution of higher education within The           |
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21|Oklahoma State System of Higher Education shall be prohibited from:    |
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22|    1.  Using a name to address a student under the age of eighteen    |
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23|(18) other than the name listed on a student's birth certificate, or   |
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   Req. No. 1317                                                   Page 1
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 1|derivatives thereof, without written consent from the student's        |
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 2|parent or legal guardian; or                                           |
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 3|    2.  Using a pronoun to address a student under the age of          |
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 4|eighteen (18) that is different from the student's biological sex      |
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 5|without written consent from a student's parent or legal guardian.     |
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 6|For the purposes of this section, "biological sex" means the sex of    |
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 7|an individual as listed on an original birth certificate.              |
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 8|    B.  1.  School districts, public charter schools, public virtual   |
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 9|charter schools, technology center schools, and institutions of        |
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10|higher education within The Oklahoma State System of Higher            |
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11|Education shall be prohibited from requiring an employee, volunteer,   |
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12|or contractor from using a pronoun that does not match the             |
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13|biological sex of an employee, volunteer, contractor, or student if    |
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14|doing so is contrary to his or her religious or moral convictions.     |
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15|    2.  Upon a finding of noncompliance with the provisions of         |
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16|paragraph 1 of this subsection, a school district, public charter      |
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17|school, public virtual charter school, technology center school, or    |
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18|institution of higher education within The Oklahoma State System of    |
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19|Higher Education shall be ineligible to receive state funding for      |
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20|the fiscal years following the year of noncompliance.                  |
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21|    C.  Employees, volunteers, and contractors of a school district,   |
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22|public charter school, public virtual charter school, technology       |
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23|center school, or institution of higher education within The           |
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24|Oklahoma State System of Higher Education and parents or legal         |
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   Req. No. 1317                                                   Page 2
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 1|guardians of students under the age of eighteen (18) enrolled          |
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 2|therein may:                                                           |
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 3|    1.  Seek relief for a violation of this section through the        |
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 4|United States Department of Education Office for Civil Rights;         |
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 5|and/or                                                                 |
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 6|    2.  Have a cause of action for injunctive relief, damages, and     |
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 7|any other relief permitted by law against the school district,         |
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 8|public charter school, public virtual charter school, technology       |
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 9|center school, or institution of higher education.                     |
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10|    D.  The State Board of Education shall promulgate rules to         |
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11|implement the provisions of this section.                              |
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12|    SECTION 2.  This act shall become effective July 1, 2023.          |
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13|    SECTION 3.  It being immediately necessary for the preservation    |
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14|of the public peace, health, or safety, an emergency is hereby         |
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15|declared to exist, by reason whereof this act shall take effect and    |
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16|be in full force from and after its passage and approval.              |
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18|    59-1-1317      EB        1/19/2023 12:07:07 PM                     |
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   Req. No. 1317                                                   Page 3
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