1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 973 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 11-105.1, which relates to materials used in |
8| sex education class; updating statutory language; |
| directing certain notification to take place with |
9| certain time to respond; prohibiting certain student |
| from being penalized; prohibiting curriculum and |
10| materials in certain grades from including certain |
| information; directing certain instruction to ensure |
11| equal time on certain perspective; providing an |
| effective 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. AMENDATORY 70 O.S. 2021, Section 11-105.1, is |
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16|amended to read as follows: |
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17| Section 11-105.1. A. All curriculum and materials including |
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18|supplementary materials which will be used to teach or will be used |
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19|for or in connection with a sex education class or program which is |
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20|designed for the exclusive purpose of discussing sexual behavior or |
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21|attitudes, or any test, survey, or questionnaire whose primary |
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22|purpose is to elicit responses on sexual behavior or attitudes shall |
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23|be available through the superintendent or a designee of the school |
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24|district for inspection by parents and guardians of the student who |
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1|will be involved with the class, program or, test, survey, or |
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2|questionnaire. Such curriculum, materials, classes, programs, |
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3|tests, surveys, or questionnaires shall include information about |
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4|consent and shall have as one of its their primary purposes the |
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5|teaching of or informing students about the practice of abstinence. |
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6|For the purposes of this section, "consent" shall have the same |
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7|meaning as that provided by Section 113 of Title 21 of the Oklahoma |
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8|Statutes. The Prior to its introduction and in sufficient time for |
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9|a parent or legal guardian to respond, the superintendent or a |
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10|designee of the school district shall provide prior written |
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11|notification to the parents or guardians of the students involved of |
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12|their right to inspect the curriculum and material and of their |
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13|obligation to notify the school in writing if they do not want their |
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14|child to participate in the class, program, test, survey, or |
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15|questionnaire. Each local board of education shall determine the |
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16|means of providing written notification to the parents and guardian |
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17|which will ensure effective notice in an efficient and appropriate |
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18|manner. No student shall be required to participate in a sex |
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19|education class or program which discusses sexual behavior or |
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20|attitudes if a parent or guardian of the student objects in writing |
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21|to such participation. If the type of program referred to in this |
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22|section is a part of or is taught during a credit course, a student |
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23|may be required to enroll in the course but shall not be required to |
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24|receive instruction in or participate in the program if a parent or |
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1|guardian objects in writing, and the student shall not be penalized |
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2|for not receiving instruction in or participating in the program. |
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3| B. The superintendent or a designee of a school district in |
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4|which sex education is taught or a program is offered which is |
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5|designed for the exclusive purpose of discussing sexual behavior or |
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6|attitudes shall approve all curriculum and materials which will be |
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7|used for such education and any test, survey, or questionnaire whose |
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8|primary purpose is to elicit responses on sexual behavior or |
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9|attitudes used in the school prior to their use in the classroom or |
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10|school. The teacher involved in the class, program, testing, or |
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11|survey shall submit the curriculum, materials, tests, or surveys to |
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12|the superintendent or a designee for approval prior to their use in |
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13|the classroom or school. This section shall not apply to those |
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14|students enrolled in classes, programs, testings tests, or surveys |
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15|offered through an alternative education program. |
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16| C. Curriculum and materials provided pursuant to this section |
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17|to students in grades kindergarten through six shall be prohibited |
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18|from including information on sexual orientation or gender identity. |
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19| For grades in which information on sexual orientation or gender |
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20|identity is allowed, the teacher providing instruction shall ensure |
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21|equal time is spent on the two-gender perspective. |
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22| SECTION 2. This act shall become effective July 1, 2023. |
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23| SECTION 3. 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| 59-1-1637 EB 1/19/2023 1:04:30 PM |
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