Bill Text For SB0933 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 933                      By: Jett                          |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to schools; amending 70 O.S. 2021,              |
  |       Section 24-157, which relates to certain prohibited             |
 8|       training and instruction; prohibiting certain schools           |
  |       from compelling certain personnel to adopt certain              |
 9|       concepts; modifying prohibited concepts; prohibiting            |
  |       certain schools from compelling participation in                |
10|       certain instruction, professional development, or               |
  |       training; prohibiting certain school personnel from             |
11|       engaging in certain acts; prohibiting certain school            |
  |       personnel from compelling discussion of certain                 |
12|       issues without consent; providing certain                       |
  |       construction; prohibiting certain schools found in              |
13|       noncompliance from receiving certain funds; providing           |
  |       for certain relief; providing an effective date; and            |
14|       declaring an emergency.                                         |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 24-157, is     |
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19|amended to read as follows:                                            |
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20|    Section 24-157.  A.  1.  No enrolled student of an institution     |
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21|of higher education within The Oklahoma State System of Higher         |
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22|Education shall be required to engage in any form of mandatory         |
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23|gender or sexual diversity training or counseling; provided,           |
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24|voluntary counseling shall not be prohibited.  Any orientation or      |
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   Req. No. 1318                                                   Page 1
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 1|requirement that presents any form of race or sex stereotyping or a    |
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 2|bias on the basis of race or sex shall be prohibited.                  |
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 3|    2.  Pursuant to the provisions of the Administrative Procedures    |
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 4|Act, the Oklahoma State Regents for Higher Education shall             |
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 5|promulgate rules, subject to approval by the Legislature, to           |
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 6|implement the provisions of this subsection.                           |
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 7|    B.  The provisions of this subsection shall not prohibit the       |
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 8|teaching of concepts that align to the Oklahoma Academic Standards.    |
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 9|    1.  No teacher, administrator, or other employee of a school       |
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10|district, charter school, or virtual charter school shall require or   |
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11|make part of a course, nor shall a school district, charter school,    |
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12|or virtual charter school compel a teacher, administrator, or other    |
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13|employee to adopt, adhere to, or profess, the following concepts:      |
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14|         a.    one race, ethnicity, national origin, or sex is         |
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15|              inherently superior to another race, ethnicity,          |
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16|              national origin, or sex,                                 |
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17|         b.    an individual, by virtue of his or her race,            |
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18|              ethnicity, national origin, or sex, is inherently        |
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19|              racist, sexist, or oppressive, whether consciously or    |
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20|              unconsciously,                                           |
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21|         c.    an individual should be discriminated against or        |
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22|              receive adverse treatment solely or partly because of    |
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23|              his or her race, ethnicity, national origin, or sex,     |
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   Req. No. 1318                                                   Page 2
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 1|         d.    members of one race, ethnicity, national origin, or     |
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 2|              sex cannot and should not attempt to treat others        |
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 3|              without respect to race, ethnicity, national origin,     |
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 4|              or sex,                                                  |
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 5|         e.    an individual's moral character is necessarily          |
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 6|              determined by his or her race, ethnicity, national       |
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 7|              origin, or sex,                                          |
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 8|         f.    an individual, by virtue of his or her race,            |
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 9|              ethnicity, national origin, or sex, bears                |
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10|              responsibility for actions committed in the past by      |
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11|              other members of the same race, ethnicity, national      |
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12|              origin, or sex,                                          |
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13|         g.    any individual should feel discomfort, guilt,           |
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14|              anguish, or any other form of psychological distress     |
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15|              on account of his or her race, ethnicity, national       |
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16|              origin, or sex, or                                       |
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17|         h.    meritocracy or traits such as a hard work ethic are     |
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18|              racist or, sexist, oppressive, or were created by        |
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19|              members of a particular race, ethnicity, national        |
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20|              origin, or sex to oppress members of another race,       |
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21|              ethnicity, national origin, or sex.                      |
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22|    2.  No teacher, administrator, or other employee of a school       |
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23|district, charter school, or virtual charter school shall be           |
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24|compelled to participate in instruction, professional development,     |
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   Req. No. 1318                                                   Page 3
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 1|or training on the topics outlined in paragraph 1 of this              |
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 2|subsection.                                                            |
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 3|    3.  No school district, charter school, or virtual charter         |
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 4|school employee shall organize, participate in, or carry out any act   |
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 5|or communication that may violate the provisions of this subsection    |
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 6|while acting in the course of his or her official duties.              |
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 7|    4.  The State Board of Education shall promulgate rules, subject   |
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 8|to approval by the Legislature, to implement the provisions of this    |
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 9|subsection.                                                            |
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10|    C.  No school district, charter school, or virtual charter         |
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11|school shall make distinctions or classifications of students based    |
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12|on race, ethnicity, national origin, or sex.                           |
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13|    D.  No school district, charter school, or virtual charter         |
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14|school shall compel a student, teacher, administrator, or other        |
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15|school employee to discuss public policy issues of the day without     |
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16|the consent of the student, teacher, administrator, or other school    |
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17|employee or the written consent of the student's parent or legal       |
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18|guardian if the student is under age eighteen (18).  Provided,         |
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19|however, that the provisions of this subsection shall not be           |
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20|construed to prohibit students, teachers, administrators, or other     |
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21|school employees from discussing public policy issues of the day or    |
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22|ideas that individuals may find unwelcome, disagreeable, or            |
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23|offensive.                                                             |
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   Req. No. 1318                                                   Page 4
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 1|    E.  Upon a finding of noncompliance with the provisions of         |
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 2|subsections B, C, or D of this section by the State Board of           |
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 3|Education, the noncompliant school district, charter school, or        |
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 4|virtual charter school shall be ineligible to receive state funding    |
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 5|for the fiscal years following the year of noncompliance.              |
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 6|    F.  School district, charter school, and virtual charter school    |
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 7|teachers, administrators, other school employees, and students or      |
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 8|parents or legal guardians of students under the age of eighteen       |
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 9|(18) enrolled in a school district, charter school, or virtual         |
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10|charter school may:                                                    |
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11|    1.  Seek relief for a violation of this section through the        |
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12|United States Department of Education Office for Civil Rights; or      |
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13|    2.  Have a cause of action for injunctive relief, damages, and     |
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14|any other relief permitted by law against the school district,         |
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15|charter school, or virtual charter school.                             |
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16|    SECTION 2.  This act shall become effective July 1, 2023.          |
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17|    SECTION 3.  It being immediately necessary for the preservation    |
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18|of the public peace, health, or safety, an emergency is hereby         |
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19|declared to exist, by reason whereof this act shall take effect and    |
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20|be in full force from and after its passage and approval.              |
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22|    59-1-1318      EB        1/19/2023 12:07:17 PM                     |
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   Req. No. 1318                                                   Page 5
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