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Oklahoma Legislature· HB 1964Referred to Civil Judiciary

An act relating to parental rights, the official text

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1                   STATE OF OKLAHOMA

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

3 HOUSE BILL 1964                  By: Williams

4

5

6                               AS INTRODUCED

7   An Act relating to parental rights; amending 25 O.S.

    2021, Sections 2001, 2003, and 2005, which relate to

8   the Parents' Bill of Rights; providing for private

    right of action; providing that parents may review

9   certain materials; providing that parents may object

    to any material; providing that parents may opt in to

10  certain instruction; providing for a fine per

    violation; defining term; and providing an effective

11  date.

12

13

14

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

16  SECTION 1.      AMENDATORY     25 O.S. 2021, Section 2001, is

17 amended to read as follows:

18  Section 2001. A. This act shall be known and may be cited as

19 the "Parents' Bill of Rights".

20  B. This state, any political subdivision of this state or any

21 other governmental entity shall not infringe on the fundamental

22 right of parents to direct the upbringing, education, health care

23 and mental health of their children without demonstrating that the

24 compelling governmental interest as applied to the child involved is

    Req. No. 10847                                                  Page 1
1 of the highest order, is narrowly tailored and is not otherwise

2 served by a less restrictive means.

3   C. As used in the Parents' Bill of Rights, "parent" means the

4 natural or adoptive parent or legal guardian of a minor child.

5   D. Any parent whose child is a student at a school that

6 violates the provisions of Section 2003 of this title and whose

7 child suffers any harm as a result of the violation shall be

8 entitled to bring a private right of action against the school for

9 damages.

10  SECTION 2.      AMENDATORY  25 O.S. 2021, Section 2003, is

11 amended to read as follows:

12  Section 2003. A. The board of education of a school district,

13 in consultation with parents, teachers and administrators, shall

14 develop and adopt a policy to promote the involvement of parents and

15 guardians of children enrolled in the schools within the school

16 district, including:

17  1. A plan for parent participation in the schools which is

18 designed to improve parent and teacher cooperation in such areas as

19 homework, attendance and discipline;

20  2. Procedures by which parents may learn about the course of

21 study for their children and review any learning materials,

22 including the source of any supplemental educational materials,

23 review budget expenditures, contracts, and agreements, and receive

24 information about all of the school's or school district's programs

    Req. No. 10847                                                  Page 2
1 and activities, including, but not limited to, locally adopted and

2 implemented curriculum, education or noneducational programs and

3 activities, classroom assignments, orientation programs, training

4 programs, counseling programs, or classroom activities and

5 interventions;

6   3. Procedures by which parents who object to any academic or

7 nonacademic learning material or activity, any academic or

8 nonacademic school programs or activities, or any academic or

9 nonacademic instruction on the basis that it is harmful may withdraw

10 their children from the activity or from the class or program in

11 which the material is used. Objection to a any learning material

12 or, activity, or instruction on the basis that it is harmful

13 includes objection to a material or activity because it questions

14 beliefs or practices in sex, morality or, religion, race, or gender,

15 including gender identity;

16  4. If a school district offers any sex education curricula

17 pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or

18 pursuant to any rules adopted by the State Board of Education,

19 procedures to opt out of a school district from providing in to the

20 sex education instruction to a child if the child's parent provides

21 written objection by providing in writing consent to the child's

22 participation in the sex education curricula;

23  5. Procedures by which parents will be notified in advance of

24 and given the opportunity to withdraw required to opt their children

    Req. No. 10847                                                 Page 3
1 from in to any instruction or presentations regarding morality, any

2 social and emotional learning program, religion, race, gender,

3 including gender identity, or sexuality in courses other than formal

4 sex education curricula pursuant to Section 11-105.1 of Title 70 of

5 the Oklahoma Statutes;

6   6. Procedures by which parents may learn about the nature and

7 purpose of clubs and activities that are part of the school

8 curriculum, as well as extracurricular clubs and activities that

9 have been approved by the school; and

10  7. Procedures by which parents must provide prior written

11 consent to a student's participation in any classroom activities or

12 courses that promote or require a student to accept a particular

13 ideological, philosophical, or political belief or principle,

14 including activities related to or associated with a school's

15 diversity, equity, or inclusion plan;

16  8. Procedures by which parents may learn about a school

17 district's equity, diversity, and inclusion plan, including, but not

18 limited to, steps the school district is taking to implement the

19 plan; and

20  9. Procedures by which parents may learn about parental rights

21 and responsibilities under the laws of this state, including the

22 following:

23  a. the right to opt out of in to a sex education

24             curriculum if one is provided by the school district,

    Req. No. 10847                                                Page 4
1   b. open enrollment rights,

2   c. the right to opt out of in to assignments pursuant to

3   this section,

4   d. the right to be exempt from the immunization laws of

5   the state pursuant to Section 1210.192 of Title 70 of

6   the Oklahoma Statutes,

7   e. the promotion requirements prescribed in Section

8   1210.508E of Title 70 of the Oklahoma Statutes,

9   f. the minimum course of study and competency

10  requirements for graduation from high school

11  prescribed in Section 11-103.6 of Title 70 of the

12  Oklahoma Statutes,

13  g. the right to opt out of in to instruction on the

14  acquired immune deficiency syndrome pursuant to

15  Section 11-103.3 of Title 70 of the Oklahoma Statutes,

16  h. the right to review test results,

17  i. the right to participate in gifted programs pursuant

18  to Sections 1210.301 through 1210.308 of Title 70 of

19  the Oklahoma Statutes,

20  j. the right to inspect instructional materials used in

21  connection with any research or experimentation

22  program or project pursuant to Section 11-106 of Title

23  70 of the Oklahoma Statutes,

24  k. the right to receive a school report card,

    Req. No. 10847                                       Page 5
1   l. the attendance requirements prescribed in Section 10-

2   106 of Title 70 of the Oklahoma Statutes,

3   m. the right to public review of courses of study and

4   textbooks,

5   n. the right to be excused from school attendance for

6   religious purposes,

7   o. policies related to parental involvement pursuant to

8   this section,

9   p. the right to participate in parent-teacher

10  associations and organizations that are sanctioned by

11  the board of education of a school district, and

12  q. the right to opt out of in to any formal or informal

13  data collection instrument or survey, including, but

14  not limited to, any instrument collecting nonacademic

15  information from a student at the district level that

16  would capture data for inclusion in the state

17  longitudinal student data system except what is

18  necessary and essential for establishing a student's

19  public school record,

20  r. the right to review any formal or informal data

21  collection instrument or survey at the district level,

22  s. the right to opt in to a student's participation in

23  activities associated with the implementation of a

24

    Req. No. 10847                                      Page 6
1   diversity, equity or inclusion plan prior to the

2   student's participation in such activities, and

3   t. the right to opt in to participation in any social and

4   emotional learning program.

5   B. The board of education of a school district may adopt a

6 policy to provide to parents the information required by this

7 section in an electronic form.

8   C. A parent shall submit a written request for information

9 pursuant to this section during regular business hours to either the

10 school principal at the school site or the superintendent of the

11 school district at the office of the school district. Within ten

12 (10) days of receiving the request for information, the school

13 principal or the superintendent of the school district shall either

14 deliver the requested information to the parent or submit to the

15 parent a written explanation of the reasons for the denial of the

16 requested information. If the request for information is denied or

17 the parent does not receive the requested information within fifteen

18 (15) days after submitting the request for information, the parent

19 may submit a written request for the information to the board of

20 education of a school district, which shall formally consider the

21 request at the next scheduled public meeting of the board if the

22 request can be properly noticed on the agenda. If the request

23 cannot be properly noticed on the agenda, the board of education of

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    Req. No. 10847                                                 Page 7
1 a school district shall formally consider the request at the next

2 subsequent public meeting of the board.

3   D. A school that violates this section is punishable by a fine

4 of One Thousand Dollars ($1,000.00) per violation.

5   SECTION 3.      AMENDATORY  25 O.S. 2021, Section 2005, is

6 amended to read as follows:

7   Section 2005. A. Except as otherwise provided by law or a

8 court order, no person, corporation, association, organization or

9 state-supported institution, or any individual employed by any of

10 these entities, may procure, solicit to perform, arrange for the

11 performance of or perform an assessment for mental health therapy on

12 a minor without first obtaining the written consent of a parent or a

13 legal guardian of the minor child. Provided, however, that if

14 written consent is provided to a school district for assessment or

15 treatment, such consent shall be effective for the school year for

16 which it is granted and shall be renewed each subsequent school

17 year. If an assessment or treatment is performed through

18 telemedicine at a school site and if consent has been provided by

19 the parent and is currently effective, the health professional shall

20 not be required to verify that the parent is at the site. However,

21 a child shall not be seen without consent.

22  B. For purposes of this section, mental health therapy shall

23 include mental health services, behavioral health services, sexual

24 and reproductive health information, substance abuse treatment,

    Req. No. 10847                                                  Page 8
1 information on transitioning, gender-affirming care, suicide

2 prevention programs, cross-sex counseling, and any information

3 provided by a school relating to sexual identity, sexual

4 orientation, gender identity, gender expression, gender

5 transitioning, or transgender identity.

6   C. This section does not apply when an emergency exists that

7 requires a person to perform mental health screening or provide

8 mental health treatment to prevent serious injury to or save the

9 life of a minor child.

10  C. D. A person who violates this section is guilty of a

11 misdemeanor, punishable by a fine of not more than One Thousand

12 Dollars ($1,000.00) or imprisonment of not more than one (1) year in

13 the county jail, or by both such fine and imprisonment.

14  SECTION 4. This act shall become effective November 1, 2025.

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16  60-1-10847      CMA   12/12/24

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    Req. No. 10847                                                  Page 9
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