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Oklahoma Legislature· HB 1475Referred to Common Education

An act relating to schools, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1475                       By: Adams

4

5

6                               AS INTRODUCED

7   An Act relating to schools; amending 70 O.S. 2021,

    Section 1210.189, which relates to prohibited COVID-

8   19-related requirements; prohibiting student

    distinctions based on vaccination status; stating

9   prohibited acts; providing penalty for violations;

    amending 70 O.S. 2021, Section 1210.191, which

10  relates to required immunizations; providing penalty

    for certain violations; providing an effective date;

11  and declaring an emergency.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 1210.189, is

16 amended to read as follows:

17  Section 1210.189. A. A board of education of a public school

18 district or a technology center school district, the board of

19 regents of an institution within The Oklahoma State System of Higher

20 Education, the governing board of a private postsecondary

21 educational institution, the Oklahoma State Regents for Higher

22 Education, the State Board of Education or the State Board of Career

23 and Technology Education shall not:

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    Req. No. 11017                                                 Page 1
1       1. Require a vaccination against Coronavirus disease 2019

2 (COVID-19) as a condition of admittance to or attendance of the

3 school or institution;

4       2. Require a vaccine passport as a condition of admittance to

5 or attendance of the school or institution; or

6       3. Implement a mask mandate for students who have not been

7 vaccinated against COVID-19; or

8       4. Distinguish between students based on their vaccination

9 status. Actions prohibited by this paragraph include, but are not

10 limited to, discrimination in any of the following acts:

11      a. determination of eligibility for athletics or other

12      extracurricular activities,

13      b. allowing or denying participation inside and outside

14      of the classroom,

15      c. issuance of surveys to students relative to

16      vaccination status, and

17      d. organizing seating arrangements.

18      B. As used in this section, "vaccine passport" means

19 documentation that an individual has been vaccinated against COVID-

20 19.

21      C. A school district that violates any or all of the provisions

22 of this section shall receive a penalty of a five percent (5%)

23 reduction in state funding. Said penalty shall be applied in the

24 State Department of Education's next funding distribution and shall

    Req. No. 11017                                                  Page 2
1 continue for the school's current fiscal year through the following

2 fiscal year.

3   D. Nothing in this section shall be construed to apply to any

4 public or private healthcare setting.

5   SECTION 2.      AMENDATORY  70 O.S. 2021, Section 1210.191, is

6 amended to read as follows:

7   Section 1210.191. A. No minor child shall be admitted to any

8 public, private or parochial school operating in this state unless

9 and until certification is presented to the appropriate school

10 authorities from a licensed physician, or authorized representative

11 of the State Department of Health, that such child has received or

12 is in the process of receiving, immunizations against diphtheria,

13 pertussis, tetanus, haemophilus influenzae type B (HIB), measles

14 (rubeola), rubella, poliomyelitis, varicella and hepatitis A or is

15 likely to be immune as a result of the disease.

16  B. Immunizations required, and the manner and frequency of

17 their administration, as prescribed by the State Commissioner of

18 Health, shall conform to recognized standard medical practices in

19 the state. The State Department of Health shall supervise and

20 secure the enforcement of the required immunization program. The

21 State Department of Education and the governing boards of the school

22 districts of this state shall render reasonable assistance to the

23 State Department of Health in the enforcement of the provisions

24 hereof.

    Req. No. 11017                                                  Page 3
1   C. The Commissioner, by rule, may alter the list of

2 immunizations required after notice and hearing. Any change in the

3 list of immunizations required shall be submitted to the next

4 regular session of the Legislature and such change shall remain in

5 force and effect unless and until a concurrent resolution of

6 disapproval is passed. Hearings shall be conducted by the

7 Commissioner, or such officer, agents or employees as the

8 Commissioner may designate for that purpose. The Commissioner shall

9 give appropriate notice of the proposed change in the list of

10 immunizations required and of the time and place for hearing. The

11 change shall become effective on a date fixed by the Commissioner.

12 Any change in the list of immunizations required may be amended or

13 repealed in the same manner as provided for its adoption.

14 Proceedings pursuant to this subsection shall be governed by the

15 Administrative Procedures Act.

16  D. The State Department of Education and the governing boards

17 of the school districts of this state shall provide for release to

18 the Oklahoma Health Care Authority of the immunization records of

19 school children covered under Title XIX or Title XXI of the federal

20 Social Security Act who have not received the required immunizations

21 at the appropriate time. The information received pursuant to such

22 release shall be transmitted by the Oklahoma Health Care Authority

23 to medical providers who provide services to such children pursuant

24 to Title XIX or Title XXI to assist in their efforts to increase the

    Req. No. 11017                                               Page 4
1 rate of childhood immunizations pursuant to the requirements of the

2 Early and Periodic Screening, Diagnosis and Treatment (EPSDT)

3 services provisions. The provisions of this subsection shall not be

4 construed to prohibit or affect the eligibility of any child to

5 receive benefits pursuant to Title XIX or Title XXI of the Social

6 Security Act or to require the immunization of any child if such

7 child is exempt from the immunization requirements pursuant to law.

8 The name of any child exempt from immunization pursuant to Section

9 1210.192 of this title shall not be included in the information

10 transmitted pursuant to this subsection.

11  E. The State Department of Education shall provide and ensure

12 that each school district in this state provides, on the school

13 district website and in any notice or publication provided to

14 parents regarding immunization requests, the following information

15 regarding immunization requirements for school attendance: "For

16 school enrollment, a parent or guardian shall provide one of the

17 following:

18  1. Current, up-to-date immunization records; or

19  2. A completed and signed exemption form."

20  F. A school district that violates any or all of the provisions

21 of this section shall receive a penalty of a five percent (5%)

22 reduction in state funding. Said penalty shall be applied in the

23 State Department of Education's next funding distribution and shall

24

    Req. No. 11017                                                  Page 5
1 continue for the school's current fiscal year through the following

2 fiscal year.

3   SECTION 3. This act shall become effective July 1, 2025.

4   SECTION 4. It being immediately necessary for the preservation

5 of the public peace, health or safety, an emergency is hereby

6 declared to exist, by reason whereof this act shall take effect and

7 be in full force from and after its passage and approval.

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9   60-1-11017      SW  01/14/25

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    Req. No. 11017                                               Page 6
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