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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1282 By: Prieto
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5
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6 AS INTRODUCED
6
7 An Act relating to schools; amending 25 O.S. 2021,
7 Sections 2001, 2002, 2003, 2004, and 2005, which
8 relate to the Parents' Bill of Rights; modifying
8 definition; modifying right to access and review
9 certain medical records; expanding right to consent
9 to include making of certain photograph; modifying
10 certain exception regarding withholding of
10 information from a child's parent; requiring written
11 consent to provide sex education instruction to a
11 child; requiring written consent to provide
12 instruction or presentations regarding sexuality;
12 providing for right to review certain books and
13 materials; requiring boards of education to make
13 available for public inspection certain information;
14 reducing time period allowed for delivery of
14 requested information or a written explanation for
15 denial; requiring boards of education to adopt
15 procedures for notification of parental concerns;
16 providing for contents of procedures; providing
16 process to request parental concern hearing;
17 providing for promulgation of rules; providing for
17 minimum contents of rules; providing for cause of
18 action; requiring boards of education to adopt
18 procedures to provide notification of certain
19 remedies; prohibiting certain employee from
19 performing certain assessments without certain
20 written consent; defining term; requiring boards of
20 education to adopt procedures to provide notification
21 of certain changes in services and changes in certain
21 names or pronouns; updating statutory language;
22 amending 70 O.S. 2021, Section 11-105.1, which
22 relates to sex education curriculum and materials;
23 requiring written consent from a parent or guardian
23 for a child to participate in certain instruction or
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1 activities; updating statutory language; providing an
1 effective date; and declaring an emergency.
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2
3
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4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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5 SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is
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6 amended to read as follows:
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7 Section 2001. A. This act shall be known and may be cited as
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8 the "Parents' Bill of Rights".
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9 B. This state, any political subdivision of this state, or any
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10 other governmental entity shall not infringe on the fundamental
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11 right of parents to direct the upbringing, education, health care,
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12 and mental health of their children without demonstrating that the
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13 compelling governmental interest as applied to the child involved is
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14 of the highest order, is narrowly tailored, and is not otherwise
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15 served by a less restrictive means.
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16 C. As used in the Parents' Bill of Rights, "parent" means the
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17 natural or adoptive parent or legal guardian of a minor child. A
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18 person whose parental rights have been terminated by a court of this
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19 state shall not be considered a parent to that child for the
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20 purposes of the Parents' Bill of Rights.
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21 SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is
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22 amended to read as follows:
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23 Section 2002. A. All parental rights are reserved to a parent
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24 of a minor child without obstruction or interference from this
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1 state, any political subdivision of this state, any other
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2 governmental entity, or any other institution, including, but not
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3 limited to, the following rights:
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4 1. The right to direct the education of the minor child;
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5 2. All rights of parents identified in Title 70 of the Oklahoma
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6 Statutes, including the right to access and review all school
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7 records relating to the minor child;
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8 3. The right to direct the upbringing of the minor child;
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9 4. The right to direct the moral or religious training of the
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10 minor child;
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11 5. The right to make healthcare health care decisions for the
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12 minor child, unless otherwise prohibited by law;
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13 6. The right to access and review all medical records of the
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14 minor child, whether held by the state, any political subdivision of
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15 this state, or any other governmental entity or nongovernmental
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16 entity, unless otherwise prohibited by law or the parent is the
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17 subject of an investigation of a crime committed against the minor
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18 child and a law enforcement official requests that the information
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19 not be released;
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20 7. The right to consent in writing before a biometric scan of
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21 the minor child is made, shared, or stored;
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22 8. The right to consent in writing before any record of the
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23 minor child's blood or deoxyribonucleic acid (DNA) is created,
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24 stored, or shared, except as required by Sections 1-516 and 1-524.1
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1 of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
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2 to a court order;
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3 9. The right to consent in writing before the state or any of
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4 its political subdivisions makes a photograph, video, or voice
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5 recording of the minor child, unless the photograph, video, or voice
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6 recording is made during or as a part of a court proceeding, by law
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7 enforcement officers during or as part of a law enforcement
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8 investigation, during or as part of a forensic interview in a
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9 criminal or Department of Human Services investigation, or to be
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10 used solely for any of the following:
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11 a. safety demonstrations, including the maintenance of
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12 order and discipline in the common areas of a school
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13 or on student transportation vehicles,
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14 b. a purpose related to a legitimate academic or
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15 extracurricular activity,
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16 c. a purpose related to regular classroom instruction,
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17 d. security or surveillance of buildings or grounds, and
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18 e. a photo identification card; and
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19 10. The right to be notified promptly if an employee of this
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20 state, any political subdivision of this state, any other
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21 governmental entity, or any other institution suspects that a
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22 criminal offense has been committed against the minor child by
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23 someone other than a parent, unless the incident has first been
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24 reported to law enforcement and notification of the parent would
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1 impede a law enforcement or Department of Human Services
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2 investigation. This paragraph does not create any new obligation
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3 for school districts and charter schools to report misconduct
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4 between students at school, such as fighting or aggressive play,
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5 that is routinely addressed as a student disciplinary matter by the
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6 school.
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7 B. This section does not authorize or allow a parent to engage
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8 in conduct that is unlawful or to abuse or neglect a child in
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9 violation of the laws of this state. This section shall not be
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10 construed to apply to a parental action or decision that would end
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11 life. This section does not prohibit courts, law enforcement
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12 officers, or employees of a government agency responsible for child
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13 welfare from acting in their official capacity within the reasonable
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14 and prudent scope of their authority. This section does not
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15 prohibit a court from issuing an order that is otherwise permitted
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16 by law.
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17 C. Any attempt to encourage or coerce a minor child to withhold
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18 information from the child's parent shall be grounds for discipline
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19 of an employee of this state, any political subdivision of this
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20 state, or any other governmental entity, except for encouragement by
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21 law enforcement personnel when a parent is the subject of an
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22 investigation of a crime committed against the minor child.
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23 D. Unless those rights have been legally waived or legally
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24 terminated, parents have inalienable rights that are more
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1 comprehensive than those listed in this section. The Parents' Bill
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2 of Rights does not prescribe all rights of parents. Unless
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3 otherwise required by law, the rights of parents of minor children
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4 shall not be limited or denied. The Parents' Bill of Rights shall
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5 not be construed to apply to a parental action or decision that
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6 would end life.
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7 SECTION 3. AMENDATORY 25 O.S. 2021, Section 2003, is
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8 amended to read as follows:
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9 Section 2003. A. The board of education of a school district,
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10 in consultation with parents, teachers, and administrators, shall
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11 develop and adopt a policy to promote the involvement of parents and
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12 guardians of children enrolled in the schools within the school
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13 district, including:
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14 1. A plan for parent participation in the schools which is
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15 designed to improve parent and teacher cooperation in such areas as
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16 homework, attendance, and discipline;
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17 2. Procedures by which parents may learn about the course of
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18 study for their children and review learning materials, including
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19 the source of any supplemental educational materials;
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20 3. Procedures by which parents who object to any learning
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21 material or activity on the basis that it is harmful may withdraw
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22 their children from the activity or from the class or program in
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23 which the material is used. Objection to a learning material or
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24 activity on the basis that it is harmful includes objection to a
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1 material or activity because it questions beliefs or practices in
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2 sex, morality, or religion;
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3 4. If a school district offers any sex education curricula
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4 pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or
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5 pursuant to any rules adopted by the State Board of Education,
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6 procedures to opt out of a school district from providing requiring
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7 written consent from a parent for a school district to provide sex
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8 education instruction to a child if the child's parent provides
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9 written objection to the child's participation in the sex education
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10 curricula. In the absence of written consent from a parent, a child
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11 shall be considered automatically withdrawn from the sex education
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12 curricula;
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13 5. Procedures by which parents will be notified in advance of
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14 and given the opportunity to withdraw approve, in writing, the
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15 participation of their children from in any instruction or
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16 presentations regarding sexuality in courses other than formal sex
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17 education curricula pursuant to Section 11-105.1 of Title 70 of the
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18 Oklahoma Statutes. In the absence of written consent from a parent,
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19 a child shall be considered automatically withdrawn from any
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20 instruction or presentations regarding sexuality;
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21 6. Procedures by which parents may learn about the nature and
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22 purpose of clubs and activities that are part of the school
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23 curriculum, as well as extracurricular clubs and activities that
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24 have been approved by the school; and
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1 7. Procedures by which parents may learn about parental rights
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2 and responsibilities under the laws of this state, including the
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3 following:
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4 a. the right to opt out of in to a sex education
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5 curriculum if one is provided by the school district,
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6 b. open enrollment rights,
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7 c. the right to opt out of assignments pursuant to this
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8 section,
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9 d. the right to be exempt from the immunization laws of
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10 the state pursuant to Section 1210.192 of Title 70 of
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11 the Oklahoma Statutes,
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12 e. the promotion requirements prescribed in Section
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13 1210.508E of Title 70 of the Oklahoma Statutes
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14 provisions of the Strong Readers Act,
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15 f. the minimum course of study and competency
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16 requirements for graduation from high school
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17 prescribed in Section 11-103.6 of Title 70 of the
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18 Oklahoma Statutes,
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19 g. the right to opt out of instruction on the acquired
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20 immune deficiency syndrome pursuant to Section 11-
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21 103.3 of Title 70 of the Oklahoma Statutes,
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22 h. the right to review test results,
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1 i. the right to participate in gifted programs pursuant
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2 to Sections 1210.301 through 1210.308 of Title 70 of
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3 the Oklahoma Statutes,
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4 j. the right to inspect instructional materials used in
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5 connection with any research or experimentation
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6 program or project pursuant to Section 11-106 of Title
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7 70 of the Oklahoma Statutes,
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8 k. the right to receive a school report card,
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9 l. the right to receive the attendance requirements
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10 prescribed in Section 10-106 of Title 70 of the
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11 Oklahoma Statutes,
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12 m. the right to public review of courses of study and
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13 textbooks,
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14 n. the right to public review of library books and
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15 materials used in the classrooms or any other school
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16 room accessible to students,
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17 o. the right to be excused from school attendance for
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18 religious purposes,
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19 o. p. policies related to parental involvement pursuant to
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20 this section,
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21 p. q. the right to participate in parent-teacher
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22 associations and organizations that are sanctioned by
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23 the board of education of a school district, and
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1 q. r. the right to opt out of any data collection
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2 instrument at the district level including those that
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3 would capture data for inclusion in the state
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4 longitudinal student data system except what is
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5 necessary and essential for establishing a student's
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6 public school record.
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7 B. 1. The board of education of a school district shall adopt
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8 a policy to make available for public inspection printed copies of
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9 information required by this section including the board of
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10 education's policy manual and any parent or student handbook.
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11 2. The board of education of a school district may adopt a
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12 policy to provide to parents the public the information required by
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13 this section in an electronic form including the board of
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14 education's policy manual and any parent or student handbook.
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15 C. A parent shall submit a written request for information
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16 pursuant to this section during regular business hours to either the
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17 school principal at the school site or the superintendent of the
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18 school district at the office of the school district. Within ten
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19 (10) seven (7) days of receiving the request for information, the
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20 school principal or the superintendent of the school district shall
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21 either deliver the requested information to the parent or submit to
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22 the parent a written explanation of the reasons for the denial of
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23 the requested information. If the request for information is denied
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24 or the parent does not receive the requested information within
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1 fifteen (15) ten (10) days after submitting the request for
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2 information, the parent may submit a written request for the
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3 information to the board of education of a school district, which
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4 shall formally consider the request at the next scheduled public
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5 meeting of the board if the request can be properly noticed on the
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6 agenda. If the request cannot be properly noticed on the agenda,
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7 the board of education of a school district shall formally consider
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8 the request at the next subsequent public meeting of the board.
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9 D. A school district board of education shall adopt procedures
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10 for a parent to notify the principal of the school in which his or
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11 her child is enrolled regarding concerns about the school district's
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12 procedures or practices adopted to implement the Parents' Bill of
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13 Rights and a process for resolving concerns within seven (7) days of
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14 receiving the notification from a parent. If the parental concerns
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15 have not been resolved within twenty-one (21) days of receiving the
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16 notification from a parent, the school district shall provide a
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17 statement of the reasons for not resolving the concerns. If a
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18 parental concern submitted pursuant to this subsection is not
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19 satisfactorily resolved by the school district within thirty (30)
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20 days, a parent may:
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21 1. Notify the State Board of Education of the concern and
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22 request a parental concern hearing. The Board shall promulgate
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23 rules establishing procedures for parental concern hearings, which
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24 shall include at a minimum the following:
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1 a. the State Board of Education shall appoint a qualified
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2 hearing officer, who shall be admitted to practice law
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3 in this state pursuant to Section 12 of Title 5 of the
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4 Oklahoma Statutes with demonstrated experience in
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5 education or administrative law within the last five
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6 (5) years,
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7 b. the hearing officer shall determine facts related to
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8 the dispute over the school district's procedure or
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9 practice, consider information provided by the school
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10 district and the parent, and render a recommended
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11 decision for resolution to the State Board of
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12 Education within thirty (30) days of the concern being
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13 referred to the hearing officer,
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14 c. the State Board of Education shall approve or reject
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15 the recommended decision for resolution at its next
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16 regularly scheduled board meeting held within seven
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17 (7) days of receipt of the recommended decision, and
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18 d. the school district shall pay the cost of the hearing
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19 officer and any associated costs incurred by the State
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20 Board of Education for conducting the parental concern
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21 hearing; or
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22 2. Bring an action against the school district for injunctive
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23 relief and a declaratory judgment that the district's procedure or
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24 practice violates any provision of the Parents' Bill of Rights. The
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1 court may award injunctive relief to a parent and shall award
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2 reasonable attorney fees and costs to a parent awarded injunctive
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3 relief.
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4 E. Each school district board of education shall adopt
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5 procedures to notify parents at the beginning of each school year of
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6 the procedures to exercise parental remedies as outlined in
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7 subsection D of this section.
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8 SECTION 4. AMENDATORY 25 O.S. 2021, Section 2004, is
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9 amended to read as follows:
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10 Section 2004. A. 1. Except as otherwise provided by law, no
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11 person, corporation, association, organization, state-supported
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12 institution, or individual employed by any of these entities may
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13 procure, solicit to perform, arrange for the performance of, perform
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14 surgical procedures, or perform a physical examination upon a minor
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15 or prescribe any prescription drugs to a minor without first
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16 obtaining a written consent of a parent or legal guardian of the
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17 minor. Provided, however, that if written consent is provided to a
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18 school district for assessment or treatment, such consent shall be
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19 effective for the school year for which it is granted and shall be
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20 renewed each subsequent school year. If an assessment or treatment
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21 is performed through telemedicine at a school site and if consent
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22 has been provided by the parent and is currently effective, the
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23 health professional shall not be required to verify that the parent
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24 is at the site.
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1 2. Notwithstanding the written consent provisions of paragraph
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2 1 of this subsection, an employee of a school district who does not
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3 possess the proper professional license issued by this state shall
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4 not perform an assessment of the physical needs of a minor without
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5 first obtaining the written consent of a parent of the minor.
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6 B. Except as otherwise provided by law, no hospital as defined
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7 in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
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8 surgical procedures to be performed upon a minor in its facilities
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9 without first having received a written consent from a parent or
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10 legal guardian of the minor.
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11 C. The provisions of this section shall not apply when it has
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12 been determined by a physician that an emergency exists and that it
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13 is necessary to perform such surgical procedures for the treatment
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14 of an injury, illness or drug abuse, or to save the life of the
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15 patient, or when such parent or other adult authorized by law to
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16 consent on behalf of a minor cannot be located or contacted after a
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17 reasonably diligent effort.
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18 D. The provisions of this section shall not apply to an
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19 abortion, which shall be governed by the provisions of Sections 1-
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20 740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63
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21 of the Oklahoma Statutes or any successor statute.
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22 E. A person who violates a provision of this section is guilty
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23 of a misdemeanor, punishable by a fine of not more than One Thousand
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1 Dollars ($1,000.00) or imprisonment of not more than one (1) year in
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2 the county jail, or by both such fine and imprisonment.
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3 SECTION 5. AMENDATORY 25 O.S. 2021, Section 2005, is
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4 amended to read as follows:
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5 Section 2005. A. 1. Except as otherwise provided by law or a
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6 court order, no person, corporation, association, organization, or
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7 state-supported institution, or any individual employed by any of
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8 these entities, may procure, solicit to perform, arrange for the
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9 performance of, or perform an assessment for mental health therapy
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10 on a minor without first obtaining the written consent of a parent
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11 or a legal guardian of the minor child. Provided, however, that if
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12 written consent is provided to a school district for assessment or
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13 treatment, such consent shall be effective for the school year for
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14 which it is granted and shall be renewed each subsequent school
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15 year. If an assessment or treatment is performed through
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16 telemedicine at a school site and if consent has been provided by
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17 the parent and is currently effective, the health professional shall
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18 not be required to verify that the parent is at the site. However,
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19 a child shall not be seen without consent. For the purposes of this
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20 section, "mental health treatment" includes therapy and counseling
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21 services but does not include counseling on college and career
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22 readiness.
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23 2. Notwithstanding the written consent provisions of paragraph
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24 1 of this subsection, an employee of a school district who does not
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1 possess the proper professional license issued by this state shall
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2 not perform an assessment of the mental or psychological needs of a
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3 minor without first obtaining the written consent of a parent of the
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4 minor.
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5 B. This section does not apply when an emergency exists that
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6 requires a person with the proper professional license issued by
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7 this state to perform mental health screening or provide mental
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8 health treatment to prevent serious injury to or save the life of a
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9 minor child.
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10 C. Each school district board of education shall adopt
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11 procedures to notify a parent:
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12 1. Prior to or contemporaneous with changes in services, notice
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13 of changes in services, or monitoring related to his or her child's
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14 mental, emotional, or physical health or well-being and the school
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15 district's ability to provide a safe and supportive learning
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16 environment for the child; and
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17 2. Prior to any changes in the name or pronoun used for a child
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18 in school records or by school personnel.
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19 D. A person who violates this section is guilty of a
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20 misdemeanor, punishable by a fine of not more than One Thousand
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21 Dollars ($1,000.00) or imprisonment of not more than one (1) year in
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22 the county jail, or by both such fine and imprisonment.
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23 SECTION 6. AMENDATORY 70 O.S. 2021, Section 11-105.1, is
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24 amended to read as follows:
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1 Section 11-105.1. A. All curriculum and materials including
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2 supplementary materials which will be used to teach or will be used
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3 for or in connection with a sex education class or program which is
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4 designed for the exclusive purpose of discussing sexual behavior or
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5 attitudes, or any test, survey, or questionnaire whose primary
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6 purpose is to elicit responses on sexual behavior or attitudes shall
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7 be available through the superintendent or a designee of the school
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8 district for inspection by parents and legal guardians of the
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9 student who will be involved with the class, program or, test,
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10 survey, or questionnaire. Such curriculum, materials, classes,
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11 programs, tests, surveys, or questionnaires shall include
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12 information about consent and shall have as one of its their primary
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13 purposes the teaching of or informing students about the practice of
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14 abstinence. For the purposes of this section, "consent" shall have
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15 the same meaning as that provided by Section 113 of Title 21 of the
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16 Oklahoma Statutes. The superintendent or a designee of the school
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17 district shall provide prior written notification to the parents or
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18 legal guardians of the students involved of their right to inspect
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19 the curriculum and material and of their obligation to notify the
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20 right of parents or legal guardians to provide the school in writing
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21 written consent if they do not want their child to participate in
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22 the class, program, test, survey, or questionnaire. Each local
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23 board of education shall determine the means of providing written
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24 notification to the parents and guardian legal guardians which will
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1 ensure effective notice in an efficient and appropriate manner. No
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2 student shall be required to participate in a sex education class or
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3 program which discusses sexual behavior or attitudes if a parent or
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4 legal guardian of the student objects in writing to does not provide
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5 written consent for such participation. If the type of program
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6 referred to in this section is a part of or is taught during a
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7 credit course, a student may be required to enroll in the course but
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8 shall not be required to receive instruction in or participate in
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9 the program if a parent or legal guardian objects in writing does
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10 not provide written consent.
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11 B. The superintendent or a designee of a school district in
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12 which sex education is taught or a program is offered which is
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13 designed for the exclusive purpose of discussing sexual behavior or
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14 attitudes shall approve all curriculum and materials which will be
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15 used for such education and any test, survey, or questionnaire whose
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16 primary purpose is to elicit responses on sexual behavior or
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17 attitudes used in the school prior to their use in the classroom or
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18 school. The teacher involved in the class, program, testing, or
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19 survey shall submit the curriculum, materials, tests, or surveys to
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20 the superintendent or a designee for approval prior to their use in
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21 the classroom or school. This section shall not apply to those
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22 students enrolled in classes, programs, testings, or surveys offered
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23 through an alternative education program.
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24 SECTION 7. This act shall become effective July 1, 2026.
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1 SECTION 8. It being immediately necessary for the preservation
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2 of the public peace, health, or safety, an emergency is hereby
2
3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 2531 Page 19Every fact on this page links to its source, starting with the official bill record.