Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 348 By: Bergstrom
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 5-117, which relates to powers and duties of
8 school district boards of education; updating
8 statutory language; updating statutory references;
9 requiring educational service providers, their
9 employees and representatives, and services to afford
10 certain parents and legal guardians the rights
10 provided by the Parents' Bill of Rights; providing
11 each school district board of education and its
11 administration the responsibility for content of all
12 instructional materials used or made available;
12 directing school district boards of education to
13 adopt certain policy; providing for posting of
13 policy; providing for contents of policy; directing
14 certain form to be prescribed by certain rules;
14 allowing certain evidence to be submitted; providing
15 for removal of certain instructional material upon
15 receipt of certain objection; authorizing reading of
16 certain passages; directing school districts to
16 discontinue use of certain instructional materials
17 under certain circumstances; directing school
17 district boards of education to establish certain
18 procedure to contest adoption of certain materials;
18 providing for submission of certain petition on
19 certain form within certain time period; directing a
19 school district board of education to conduct certain
20 hearing within certain time period; directing
20 recommendation to be made; amending Section 1,
21 Chapter 106, O.S.L. 2022 (70 O.S. Supp. 2024, Section
21 11-201), which relates to school library media
22 centers; directing all print materials, nonprint
22 materials, and multimedia resources to be subject to
23 certain provisions; amending 70 O.S. 2021, Sections
23 16-102 and 16-111, which relate to textbook adoption;
24 updating statutory language; directing review team
24
Req. No. 833 Page 1
1 members to take certain factors into consideration in
1 recommending textbooks and instructional materials;
2 requiring selected textbooks to meet certain
2 requirements; modifying membership of local textbook
3 committees; directing review process to use certain
3 criteria; providing an effective date; and declaring
4 an emergency.
4
5
5
6
6
7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7
8 SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-117, is
8
9 amended to read as follows:
9
10 Section 5-117. A. The board of education of each school
10
11 district shall have power to:
11
12 1. Elect its own officers; provided that the chair of the board
12
13 authorized in Section 5-107B of this title shall be elected by the
13
14 electors of the school district;
14
15 2. Make rules, not inconsistent with the law or rules of the
15
16 State Board of Education, governing the board and the school system
16
17 of the district, including converting all or part of a traditional
17
18 public school to a conversion school;
18
19 3. Maintain and operate a complete public school system of such
19
20 character as the board of education shall deem best suited to the
20
21 needs of the school district;
21
22 4. Designate the schools to be attended by the children of the
22
23 district;
23
24
24
Req. No. 833 Page 2
1 5. Provide and operate, when deemed advisable, cafeterias or
1
2 other eating accommodations, thrift banks, or other facilities for
2
3 the teaching and practice of thrift and economy, bookstores, print
3
4 shops, and vocational and other shops;
4
5 6. Provide informational material concerning school bond
5
6 elections and millage elections, including, but not limited to, all
6
7 pertinent financial information relative to the bond issue, a
7
8 statement of revenue sources necessary to retire proposed bonds, a
8
9 statement of current bonded indebtedness of the school district, and
9
10 a statement of proposed use of funds to be generated by the proposed
10
11 bond issue. The informational material shall not contain the words
11
12 "vote yes" or "vote no" or any similar words or statement any place
12
13 anyplace on such informational material;
13
14 7. Purchase, construct, or rent, and operate and maintain,
14
15 classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
15
16 places and playgrounds, teacherages, school bus garages,
16
17 laboratories, administration buildings, and other schoolhouses and
17
18 school buildings, and acquire sites and equipment for the operation
18
19 of public schools or conversion schools;
19
20 8. a. Insure the school district or its employees against
20
21 any loss, damage, or liability as defined by Sections
21
22 702 through 708 of Title 36 of the Oklahoma Statutes,
22
23 or other forms of insurance provided for in Title 36
23
24 of the Oklahoma Statutes.
24
Req. No. 833 Page 3
1 b. Subject to the restrictions of liability in the The
1
2 Governmental Tort Claims Act:
2
3 (1) insure the school district against all or any
3
4 part of any liability it may incur for death,
4
5 injury, or disability of any person, or for
5
6 damage to property, either real or personal,
6
7 (2) insure any employee of the school district
7
8 against all or any part of the employee's
8
9 liability for injury or damage resulting from an
9
10 act or omission in the scope of employment, or
10
11 (3) insure against the expense of defending a claim
11
12 against the school district or its employee,
12
13 whether or not liability exists on such claim.
13
14 c. As used in this subsection, "employee" means any
14
15 person who has acted in on behalf of a school
15
16 district, whether that person is acting on a permanent
16
17 or temporary basis with or without being compensated
17
18 or on a full-time or part-time basis. Employee also
18
19 includes all elected or appointed officers, members of
19
20 governing bodies of a school district, and persons
20
21 appointed, and other persons designated by a school
21
22 district to act in its behalf.
22
23 d. The cost or premium of any such insurance is a proper
23
24 expenditure of the school district.
24
Req. No. 833 Page 4
1 e. Any insurance authorized by law to be purchased,
1
2 obtained, or provided by a school district may be
2
3 provided by:
3
4 (1) self-insurance, which may be, but is not required
4
5 to be, funded by appropriations to establish or
5
6 maintain reserves for self-insurance purposes.
6
7 Any self-insurance reserve fund shall be
7
8 nonfiscal and shall not be considered in
8
9 computing any levy when the school district makes
9
10 its annual estimate for needed appropriations,
10
11 (2) insurance in any insurer authorized to transact
11
12 insurance in this state,
12
13 (3) insurance secured in accordance with any other
13
14 method provided by law, or
14
15 (4) any combination of insurance authorized by this
15
16 section subsection.
16
17 f. Two or more school districts or public agencies, by
17
18 interlocal agreement made pursuant to the Interlocal
18
19 Cooperation Act, may provide insurance for any purpose
19
20 by any one or more of the methods specified in this
20
21 section subsection. The pooling of self-insured
21
22 reserves, claims, or losses among governments as
22
23 authorized in this section subsection shall not be
23
24 construed to be transacting insurance nor otherwise
24
Req. No. 833 Page 5
1 subject to the provisions of the laws of this state
1
2 regulating insurance or insurance companies, except as
2
3 to the provisions of Section 607.1 of Title 36 of the
3
4 Oklahoma Statutes. Two or more school districts may
4
5 also be insured under a master policy or contract of
5
6 insurance. Premium costs may be set individually for
6
7 each school district or apportioned among
7
8 participating school districts as provided by the
8
9 master policy or contract;
9
10 9. Acquire property by condemnation proceedings in the same
10
11 manner as land is condemned for railroad purposes. School district
11
12 funds may be used to erect buildings on leased land on which other
12
13 buildings have been erected prior to April 3, 1969, or on land which
13
14 is leased from a governmental entity;
14
15 10. Lease real or personal property to the state or any
15
16 political subdivision thereof or a not-for-profit entity operating
16
17 pursuant to Section 868 of Title 18 of the Oklahoma Statutes for
17
18 nominal cash consideration for so long as the use of the property by
18
19 the lessee substantially benefits, in whole or in part, the same
19
20 public served by the school district;
20
21 11. a. Dispose of personal or real property no longer needed
21
22 by the district by sale, exchange, lease, lease-
22
23 purchase, sale, and partial lease back, or otherwise.
23
24 Real property shall be conveyed pursuant to a public
24
Req. No. 833 Page 6
1 sale, public bid, or private sale; provided, however,
1
2 unless otherwise prohibited by law, the board of
2
3 education of a consolidated or annexed school district
3
4 or any other school district may convey real property
4
5 to a local political subdivision or to an educational
5
6 institution within The Oklahoma State System of Higher
6
7 Education or to a housing authority formed pursuant to
7
8 the provisions of Section 1057 of Title 63 of the
8
9 Oklahoma Statutes without consideration. Prior to the
9
10 sale of any real property, the board of education
10
11 shall have the real property appraised. The appraisal
11
12 shall be confidential until the real property is sold.
12
13 When the real property is sold, the board of education
13
14 shall make the appraisal available for public
14
15 inspection. Prior to the conveyance of any real
15
16 property by private sale, the board of education shall
16
17 have offered the real property for sale by public sale
17
18 or public bid. Any conveyance of real property by
18
19 private sale to a nonprofit organization, association,
19
20 or corporation to be used for public purposes, unless
20
21 for exchange, shall contain a reversionary clause
21
22 which returns the real property to the board of
22
23 education upon the cessation of the use without profit
23
24
24
Req. No. 833 Page 7
1 or for public purposes by the purchaser or the assigns
1
2 of the purchaser,
2
3 b. If a board of education makes the decision to dispose
3
4 of real or personal property that is leased at the
4
5 time the decision is made, whether such disposal is by
5
6 public sale, public bid, or private sale, the lessee
6
7 shall have a right of first refusal to purchase the
7
8 property on the following terms and conditions:
8
9 (1) if a board of education receives a bid or offer
9
10 in a public sale, public bid, or private sale for
10
11 any real or personal property that it desires to
11
12 accept, then it shall provide notice to the
12
13 lessee of the property. The notice shall include
13
14 the identity of the prospective purchaser of the
14
15 property, the terms and conditions of the
15
16 proposed sale, and the purchase price to be paid
16
17 by the prospective purchaser, and
17
18 (2) the lessee shall have thirty (30) days after
18
19 receipt of the notice to inform the board of
19
20 education that it elects to purchase the property
20
21 on the same terms and conditions set forth in the
21
22 notice, in which event the board of education
22
23 shall convey the property to the lessee on all
23
24 the same terms and conditions set forth in the
24
Req. No. 833 Page 8
1 notice; provided, however, that if any portion of
1
2 the consideration included in the purchase price
2
3 set forth in the notice is not in cash, then the
3
4 lessee shall be entitled to pay the fair market
4
5 value in cash of such noncash consideration;
5
6 12. Purchase necessary property, equipment, furniture, and
6
7 supplies necessary to maintain and operate an adequate school
7
8 system;
8
9 13. Incur all expenses, within the limitations provided for by
9
10 law, necessary to perform all powers granted by the provisions of
10
11 this section;
11
12 14. Contract with and fix the duties and compensation of
12
13 physicians, dentists, optometrists, nurses, attorneys,
13
14 superintendents, principals, teachers, bus drivers, janitors, and
14
15 other necessary employees of the district;
15
16 15. Establish a written policy for reimbursement of necessary
16
17 travel expenses of employees and members of the board. The policy
17
18 may include in-district travel from the site of employment
18
19 assignment which is necessary in the performance of employment
19
20 duties. The written policy shall specify procedures, contain
20
21 documentation requirements, and may include payment of meal expenses
21
22 during authorized travel on a per diem allowance basis rather than
22
23 itemized documentation;
23
24
24
Req. No. 833 Page 9
1 16. Pay necessary travel expenses and other related expenses of
1
2 prospective employees for sponsored visits to the school district
2
3 pursuant to a written policy specifying procedures containing
3
4 documentation requirements equal to or greater than the requirements
4
5 specified by law for state employees in the State Travel
5
6 Reimbursement Act;
6
7 17. Provide for employees' leaves of absence without pay;
7
8 18. Exercise sole control over all the schools and property of
8
9 the district, subject to other provisions of the Oklahoma School
9
10 Code;
10
11 19. Allow district-owned school buses to be used for
11
12 transportation of students from other districts or educational
12
13 institutions while within the district on educational tours. This
13
14 The provisions of this paragraph shall not restrict the authority of
14
15 the board to authorize any other use of such buses which may now be
15
16 permitted by law or rule of the State Board of Education;
16
17 20. Enter into contractual agreements with the board of
17
18 trustees of a multicounty library system, as defined in Section 4-
18
19 103 of Title 65 of the Oklahoma Statutes, a city-county library
19
20 commission, as defined in Section 152 of Title 65 of the Oklahoma
20
21 Statutes, or a rural single county library system, as defined in
21
22 Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as
22
23 may be mutually agreed, except no district board of education may
23
24 enter into any agreement under which the library services for the
24
Req. No. 833 Page 10
1 school would be provided at any site other than the school site or
1
2 which would result in library services that do not meet
2
3 accreditation standards as required by law or rule;
3
4 21. Perform all functions necessary to the administration of a
4
5 school district in Oklahoma this state as specified in the Oklahoma
5
6 School Code, and in addition thereto, those powers necessarily
6
7 implied but not delegated by law to any other agency or official;
7
8 22. Prepare and distribute at the expense of the school
8
9 district any and all material which has the purpose of informing the
9
10 public about district activities;
10
11 23. Solicit and accept any gift, grant, or donation of money or
11
12 property for the use of the school district. Any gift, grant, or
12
13 donation of money may be deposited in the general fund or building
13
14 fund of the school district; and
14
15 24. Pay necessary meal and lodging expenses of school district
15
16 students and sponsors involved in authorized school-sponsored
16
17 cocurricular activities. The board of education shall establish a
17
18 written policy for reimbursement of necessary meal and lodging
18
19 expenses of school district students and sponsors. The written
19
20 policy shall specify procedures, contain documentation requirements,
20
21 and designate the funds from which reimbursement may be made.
21
22 Reimbursement may be made from the General Fund.
22
23 B. The board of education of any school district may rent real
23
24 and personal property, if such items are necessary for the operation
24
Req. No. 833 Page 11
1 of the school, and pay the rental charges for the usage during any
1
2 fiscal year, or portion thereof, out of appropriations made and
2
3 approved for current expense purposes during the fiscal year. Any
3
4 rental contract extending beyond June 30 of the fiscal year shall be
4
5 void unless it contains provisions for mutual ratification of
5
6 renewal pursuant to the conditions provided for in this subsection.
6
7 It is the intent of this subsection to authorize boards of education
7
8 to enter into lease contracts but not to incur any obligation
8
9 against the school district in excess of the income and revenue
9
10 provided for such purposes for the fiscal year in which the lease
10
11 contract is operative. Any lease or lease-purchase agreement
11
12 entered into by any board of education shall state the purchase
12
13 price of real or personal property so leased. The lease or lease-
13
14 purchase shall not be extended so as to cause payment of more than
14
15 the original purchase price of the real or personal property, plus
15
16 interest not to exceed the legal rate. When the purchase price plus
16
17 interest has been paid, the property shall belong to the lessee and
17
18 the lessor shall deliver a deed or bill of sale to the property to
18
19 the lessee. When any real or personal property has been leased or
19
20 rented during any fiscal year pursuant to the provisions of any
20
21 contract which permits continuance of the rental for the remainder
21
22 of the fiscal year, the renting or leasing of the property shall be
22
23 continued for the remainder of the fiscal year unless the board of
23
24 education renting or leasing the same certifies by proper resolution
24
Req. No. 833 Page 12
1 entered in the minutes of the board of education that the
1
2 continuance of the rental is unnecessary and contrary to the public
2
3 interest. Any lease-purchase agreement entered into shall include
3
4 the right of a school district to acquire buildings, equipment, or
4
5 other facilities or discrete components thereof or improve school
5
6 sites through a lease-purchase agreement. A school district may use
6
7 proceeds derived from the sale of bonds as authorized by Section 26
7
8 of Article X of the Oklahoma Constitution to make lease-purchase
8
9 payments, including interest, under a lease-purchase agreement. For
9
10 purposes of this subsection, the term "acquired" as used in Section
10
11 26 of Article X of the Oklahoma Constitution shall mean the
11
12 possession, control, or power to dispose of personal or real
12
13 property.
13
14 C. The boards of education of two or more school districts may
14
15 enter into cooperative agreements and maintain joint programs
15
16 including, but not limited to, courses of instruction for
16
17 handicapped children with disabilities, courses of instruction in
17
18 music and other subjects, practical instruction for trades and
18
19 vocations, practical instruction in driver training courses, and
19
20 health programs including visual care by persons legally licensed
20
21 for such purpose, without favoritism as to either profession. The
21
22 revenues necessary to operate a joint program approved in
22
23 cooperative agreements, whether from federal, state, or local
23
24 sources, including the individual contributions of participating
24
Req. No. 833 Page 13
1 school districts, shall be deposited into a fund separate from all
1
2 other appropriated funds. The beginning fund balance each year,
2
3 combined with all actual revenues, including collected and estimated
3
4 revenues, must shall be appropriated before being expended.
4
5 Purchase orders shall be issued against available appropriations
5
6 and, once goods or services have been received, either payable or
6
7 nonpayable warrants shall be issued in payment of all purchase
7
8 orders. The fund shall be reported as a separate appropriated fund
8
9 in all the financial reports of the school district which is chosen
9
10 by the other school districts to keep the accounting records of the
10
11 joint program.
11
12 D. The boards of education of two or more school districts may
12
13 enter into a mutual contract or separate contracts with a
13
14 superintendent, administrator, or teacher or with a person to
14
15 provide support services, to serve as superintendent, administrator,
15
16 or teacher, as appropriately qualified, or to provide support
16
17 services, for each contracting district upon such terms and
17
18 conditions as the parties may agree. Nothing in this section shall
18
19 be construed to authorize or require annexation or consolidation of
19
20 any school districts or the closing of any school site except
20
21 pursuant to law as set forth in Section 7-101 et seq. of this title.
21
22 E. Any school district may operate or maintain a school or
22
23 schools on any military reservation which is within the boundaries
23
24 of the school district or which is adjacent to the school district,
24
Req. No. 833 Page 14
1 and provide the instruction in the school or schools to children of
1
2 personnel on the military reservation and, in doing so, shall
2
3 conform to all federal laws and requirements.
3
4 F. The board of education of each school district shall adopt
4
5 and maintain on file in the office of the superintendent of schools
5
6 appropriate personnel policy and sick leave guide. The guide shall
6
7 be made available to the public.
7
8 G. The board of education of any school district with an
8
9 average daily membership of thirty thousand (30,000) or more and all
9
10 or part of which school district is located in a county having a
10
11 population of more than five hundred thousand (500,000) population
11
12 according to the latest Federal Decennial Census may contract with a
12
13 public or private nonsectarian entity for that entity to provide
13
14 educational and administrative services for the school district.
14
15 The educational services provided by a contracting entity may
15
16 include, but are not limited to, the delivery of instructional
16
17 service in core and noncore academic subjects to the students
17
18 enrolled in the school district at one or more school sites or parts
18
19 of sites within the district pursuant to the terms of an educational
19
20 services contract. All educational service providers and their
20
21 employees and representatives and all educational and administrative
21
22 services provided under an educational services contract shall be
22
23 exempt from all statutes and rules relating to schools, boards of
23
24 education, and school districts to the same extent that a charter
24
Req. No. 833 Page 15
1 school is exempt under the Oklahoma Charter Schools Act. All
1
2 educational service providers, their employees and representatives,
2
3 and all educational and administrative services provided pursuant to
3
4 an educational services contract shall afford parents and legal
4
5 guardians of students who are provided services by a contracting
5
6 entity pursuant to this subsection their rights provided by the
6
7 Parents' Bill of Rights. For all purposes including, but not
7
8 limited to, attendance, funding from all sources, and
8
9 accountability, all students who are provided services by a
9
10 contracting entity pursuant to an educational services contract
10
11 shall at all times be and remain students of the school district.
11
12 H. Each school district board of education and its
12
13 administration shall be responsible for the content of all
13
14 instructional materials and any other materials used or made
14
15 available in a classroom or classroom library or included on a
15
16 reading list, whether such materials are purchased from the list of
16
17 textbooks, as defined in Section 16-102 of this title, or purchased
17
18 without the use of state-appropriated funds.
18
19 I. Each school district board of education shall adopt a policy
19
20 outlining procedures for the processing and resolution of objections
20
21 regarding the use of a specific instructional material provided
21
22 pursuant to subsection H of this section when the objection is
22
23 submitted by the parent or legal guardian of a student or a resident
23
24 of the school district. The board of education policy shall be easy
24
Req. No. 833 Page 16
1 to read and understand and be easily accessible on the home page of
1
2 the school district's website. The objection shall be submitted on
2
3 a form prescribed by administrative rules promulgated by the State
3
4 Board of Education, and the school district board of education shall
4
5 include on the form the name, job title, and contact information of
5
6 the school district employee responsible for receiving objections
6
7 submitted pursuant to this subsection. The policy adopted by the
7
8 school district board of education shall allow a parent or legal
8
9 guardian of a student or a resident of the school district to submit
9
10 evidence that:
10
11 1. An instructional material does not meet the criteria of
11
12 subsection F of Section 16-102 of this title or subsection B of
12
13 Section 16-114a of this title;
13
14 2. An instructional material uses terms defined contrary to the
14
15 definitions provided for in Section 16 of Title 25 of the Oklahoma
15
16 Statutes if the material was selected for use in a course or made
16
17 available to students in the school district; or
17
18 3. An instructional material or any other material used or made
18
19 available in a classroom or classroom library or included on a
19
20 reading list contains content which:
20
21 a. is material described in Section 1021 of Title 21 of
21
22 the Oklahoma Statutes or is pornographic or obscene
22
23 material as the term is used in Section 1021.2 of
23
24 Title 21 of the Oklahoma Statutes,
24
Req. No. 833 Page 17
1 b. depicts or describes sexual conduct, as defined in
1
2 Section 1024.1 of Title 21 of the Oklahoma Statutes,
2
3 unless such material is for a course for which a
3
4 parent or legal guardian has provided written consent
4
5 for a student to participate,
5
6 c. is not suited for the needs of students and their
6
7 abilities to comprehend the curriculum material being
7
8 presented, or
8
9 d. is not appropriate for the grade level for which the
9
10 instructional material is used.
10
11 J. 1. Any instructional material that is subject to an
11
12 objection based on subparagraphs a or b of paragraph 3 of subsection
12
13 I of this section shall be removed within five (5) school days of
13
14 receipt of the objection and shall remain unavailable to students
14
15 until the objection is resolved. Parents or legal guardians of a
15
16 student enrolled in the school district or a resident of the school
16
17 district shall be authorized to read passages from any instructional
17
18 material subject to an objection submitted for reasons outlined in
18
19 this paragraph.
19
20 2. If a school district board of education denies a parent or
20
21 legal guardian of a student enrolled in the district or a resident
21
22 of the school district the opportunity to read passages from an
22
23 instructional material due to content that meets the criteria of
23
24
24
Req. No. 833 Page 18
1 subparagraph b of paragraph 3 of subsection I of this section, the
1
2 school district shall discontinue use of the instructional material.
2
3 3. If a school district board of education finds that any
3
4 instructional material meets the criteria of paragraphs 1 or 2 of
4
5 subsection I of this section or that any instructional material
5
6 meets the criteria of subparagraph a of paragraph 3 of subsection I
6
7 of this section, the school district shall discontinue use of the
7
8 instructional material.
8
9 4. If a school district board of education finds that any
9
10 instructional material meets the criteria of subparagraphs b, c, or
10
11 d of paragraph 3 of subsection I of this section, the school
11
12 district shall discontinue use of the material for any grade level
12
13 for which such use is determined by the board to be inappropriate or
13
14 unsuitable.
14
15 K. Each school district board of education shall establish a
15
16 procedure through which the parent or legal guardian of a student
16
17 enrolled in the school district or a resident of the school district
17
18 may contest the board of education's adoption of a specific
18
19 instructional material for reasons outlined in subsection F of
19
20 Section 16-102 of this title or subsection B of Section 24-157 of
20
21 this title. The parent or legal guardian of the student or a
21
22 resident of the school district shall submit a petition on a form
22
23 prescribed by the school district within thirty (30) calendar days
23
24 of the school district board of education's adoption of the
24
Req. No. 833 Page 19
1 instructional material. The form shall be easily accessible on the
1
2 home page of the school district's website. The form shall be
2
3 signed by the parent or legal guardian of the student enrolled in
3
4 the school district or the resident of the school district, include
4
5 contact information for the individual submitting the form, and
5
6 include the reason for the objection to the adoption of the
6
7 instructional material based on criteria provided for in this
7
8 subsection. Within thirty (30) calendar days of receipt of the form
8
9 submitted pursuant to this subsection, the school district board of
9
10 education shall conduct a minimum of one public hearing before a
10
11 board-appointed hearing officer, who shall not be an employee of the
11
12 school district. The hearing shall provide sufficient procedural
12
13 protections to allow each petitioner an adequate and fair
13
14 opportunity to be heard and present evidence to the hearing officer.
14
15 The hearing officer shall make a recommendation to the school
15
16 district board of education, and the board of education's decision
16
17 shall be final, not subject to further review.
17
18 SECTION 2. AMENDATORY Section 1, Chapter 106, O.S.L.
18
19 2022 (70 O.S. Supp. 2024, Section 11-201), is amended to read as
19
20 follows:
20
21 Section 11-201. A. As school library media center resources
21
22 are finite, the library media program shall be reflective of the
22
23 community standards for the population the library media center
23
24 serves when acquiring an age-appropriate collection of print
24
Req. No. 833 Page 20
1 materials, nonprint materials, multimedia resources, equipment, and
1
2 supplies adequate in quality and quantity to meet the needs of
2
3 students in all areas of the school library media program.
3
4 B. All print materials, nonprint materials, and multimedia
4
5 resources that are part of a library media center shall be subject
5
6 to the provisions of subsections H and I of Section 5-117 of this
6
7 title.
7
8 SECTION 3. AMENDATORY 70 O.S. 2021, Section 16-102, is
8
9 amended to read as follows:
9
10 Section 16-102. A. The State Textbook Committee shall meet at
10
11 the call of the chair as often as necessary, with two (2) weeks'
11
12 public notice, to discharge its responsibilities. If necessary, not
12
13 later than the first day of December of each year the State Textbook
13
14 Committee shall meet to select textbooks for subjects taught in the
14
15 public schools of the state for grades prekindergarten through
15
16 twelve, which selections shall be for not more than six (6) years
16
17 for every textbook.
17
18 B. The Committee may suspend any currently pending selection
18
19 process of textbooks and may extend by at least two (2) years the
19
20 six-year adoption period of those textbooks currently on the state
20
21 adopted list, for the purpose of delaying for two (2) years the six-
21
22 year adoption cycle of subjects.
22
23 C. "Textbooks", as As used in Sections 16-101 through 16-124 of
23
24 this title, "textbooks" means instructional materials that are
24
Req. No. 833 Page 21
1 designed for use by pupils as a learning resource. Instructional
1
2 materials may be printed or nonprinted and may include textbooks,
2
3 technology-based and other educational materials.
3
4 D. "List of textbooks" or "the list", as As used in Sections
4
5 16-101 through 16-111 of this title, "list of textbooks" or "the
5
6 list" means the official textbook list required by Section 6 of
6
7 Article XIII of the Oklahoma Constitution. The list shall include
7
8 the textbooks and other instructional materials selected by the
8
9 State Textbook Committee for use in the common schools of the state.
9
10 E. 1. The State Department of Education, in coordination with
10
11 the State Textbook Committee, shall approve an application process
11
12 to assemble annually one or more review teams comprised of subject
12
13 matter experts for each subject area under review to assist the
13
14 Committee in reviewing textbooks and instructional materials. The
14
15 number of review teams shall be contingent on the number of subject
15
16 areas under review each year. Members of the review teams shall
16
17 have specific expertise in the subject areas being reviewed that
17
18 year. Review teams shall consist of no less fewer than twelve
18
19 members each, but may be as large as is deemed necessary by the
19
20 State Textbook Committee and the State Department of Education.
20
21 Subject to the availability of funds within the State Department of
21
22 Education, members of the review teams shall receive from the
22
23 Department necessary traveling expenses while in the performance of
23
24 duties pursuant to the State Travel Reimbursement Act.
24
Req. No. 833 Page 22
1 2. Members of review teams shall consider for recommendation
1
2 textbooks and instructional materials developed for academically
2
3 talented students including students enrolled in advanced placement
3
4 courses.
4
5 3. When recommending textbooks, each review team shall:
5
6 a. include only textbooks and instructional materials
6
7 that maintain that a person's sex, as defined by
7
8 Section 16 of Title 25 of the Oklahoma Statutes, is an
8
9 immutable biological trait and that it is false to
9
10 ascribe to a person a pronoun that does not correspond
10
11 to a person's sex. The provisions of this
11
12 subparagraph shall not apply to textbooks or
12
13 instructional materials that provide instruction about
13
14 individuals born with a genetically or biochemically
14
15 verifiable disorder of sex development (DSD)
15
16 including, but not limited to: 46,XX DSD; 46,XY DSD;
16
17 sex chromosomes DSDs; XX or XY sex reversal; and
17
18 ovotesticular disorder, and
18
19 b. require, when appropriate for the comprehension of
19
20 students, that materials for social studies, history,
20
21 or civics classes contain the culturally and
21
22 historically significant stories that shaped the
22
23 United States including, but not limited to, the
23
24 Federalist Papers, the Anti-Federalist Papers, the
24
Req. No. 833 Page 23
1 Declaration of Independence, and the United States
1
2 Constitution. A reviewer may not recommend any
2
3 textbook or instructional material that contains any
3
4 matter reflecting on an individual in such a way that
4
5 implies collective guilt upon persons because of their
5
6 race, color, creed, national origin, ancestry, gender,
6
7 religion, disability, socioeconomic status, or
7
8 occupation or that otherwise promotes concepts
8
9 prohibited by Section 24-157 of this title.
9
10 F. The Committee shall select textbooks or series of textbooks
10
11 for each subject, which, to the greatest extent possible, are
11
12 aligned with the subject matter standards adopted by the State Board
12
13 of Education pursuant to Section 11-103.6 of this title. The
13
14 Committee, in consultation with the State Department of Education,
14
15 shall adopt a rubric to be used by the review teams as a means of
15
16 evaluating textbooks submitted for review. The rubric shall contain
16
17 a three-tiered rating system in which the first tier shall be
17
18 labeled "Exemplifies Quality", the second tier shall be labeled
18
19 "Approaching Quality", and the third tier shall be labeled "Not
19
20 Representing Quality". The rubric shall also include, but not be
20
21 limited to, criteria for alignment to subject matter standards such
21
22 that all standards are present and treated with the appropriate
22
23 depth to support students in learning the skills and information
23
24 contained in the subject matter standards, as well as usability for
24
Req. No. 833 Page 24
1 teacher planning, learning, assessment, and differentiated
1
2 instruction. The Committee, in consultation with the review teams,
2
3 may include additional criteria specific to the subject area being
3
4 reviewed. The rubric shall require each criterion to be scored
4
5 individually with justification, and shall provide an overall
5
6 recommendation for the rating.
6
7 G. Review teams shall review all materials in accordance with
7
8 the rubric adopted in pursuant to subsection F of this section and
8
9 shall submit the review and recommended rating to the Committee.
9
10 The Committee shall consider but not be required to accept the
10
11 recommended rating of the review teams. The Committee may request
11
12 that the review teams supply additional information to support their
12
13 recommendations, or the Committee may provide its own justification
13
14 utilizing the adopted rubric.
14
15 H. The Committee, having verified that the review process has
15
16 been conducted in a scrupulous and fair manner, shall adopt a final
16
17 rating for each textbook prior to including it on the textbook list
17
18 required by Section 16-110 of this title. The completed rubric for
18
19 each evaluated textbook, including the review team's
19
20 recommendations, shall be made publicly available on the State
20
21 Textbook Committee website.
21
22 I. After a final textbook list is published, the State Textbook
22
23 Committee may determine that unusual or extraordinary circumstances
23
24 exist in a particular subject area during the period for which
24
Req. No. 833 Page 25
1 textbooks have been selected for that subject area. Unusual or
1
2 extraordinary circumstances shall include, but not be limited to,
2
3 significant new techniques of teaching in a particular subject area
3
4 or significant new findings or discoveries in a particular subject
4
5 area. Upon a determination by three-fourths (3/4) of the members of
5
6 the State Textbook Committee that unusual or extraordinary
6
7 circumstances exist in a particular subject area, the Committee may
7
8 select one or more textbooks in that subject area for the remainder
8
9 of the adoption period.
9
10 J. The State Department of Education shall house the website of
10
11 the State Textbook Committee on its agency website.
11
12 K. Five or more district boards of education may petition the
12
13 State Board of Education to add a book or series of textbooks to the
13
14 approved list selected by the State Textbook Committee.
14
15 L. Textbooks selected by the Committee shall be accurate,
15
16 objective, balanced, noninflammatory, current, suited to the needs
16
17 of students and their ability to comprehend the material presented,
17
18 and free from material described in Section 1021 of Title 21 of the
18
19 Oklahoma Statutes or pornographic or obscene material as the term is
19
20 used in Section 1021.2 of Title 21 of the Oklahoma Statutes.
20
21 M. The State Board of Education shall promulgate rules to
21
22 implement the method and time frame for handling the petitions in
22
23 the most expeditious manner.
23
24
24
Req. No. 833 Page 26
1 SECTION 4. AMENDATORY 70 O.S. 2021, Section 16-111, is
1
2 amended to read as follows:
2
3 Section 16-111. A. Except as otherwise provided for in
3
4 subsection E of this section, the superintendent of schools of each
4
5 school district in the state shall appoint a local textbook
5
6 committee consisting of not fewer than three four nor more than nine
6
7 twelve members. Each committee shall have one lay member four
7
8 parents or legal guardians of students enrolled in the school
8
9 district, with the remainder of the members being teachers employed
9
10 in the public schools of the district, a majority of whom shall be
10
11 classroom teachers. The superintendent of schools or a designee who
11
12 shall be a principal or a curriculum specialist shall serve as
12
13 chairperson of the local textbook committee.
13
14 B. Upon the written request of any duly appointed local
14
15 textbook coordinator, the publisher of a textbook selected by the
15
16 State Textbook Committee shall furnish at least one examination copy
16
17 of the textbook and the teacher edition of the textbook, if one is
17
18 published, and a copy of software for purposes of complete
18
19 demonstration and review, if available, to the school district so
19
20 that the local textbook committee may examine any or all new
20
21 adoptions in the subjects taught or to be taught in schools in the
21
22 district.
22
23 C. Except as otherwise provided for in subsection E of this
23
24 section, on or before a date to be fixed by the State Board of
24
Req. No. 833 Page 27
1 Education, each local textbook committee shall adopt textbooks only
1
2 from the list of textbooks selected by the State Textbook Committee
2
3 in a manner as shall be prescribed by the State Board of Education.
3
4 In order for the local textbook committee to adopt a textbook that
4
5 was not reviewed by the State Textbook Committee, the local textbook
5
6 committee shall conduct a review process in a manner prescribed by
6
7 the State Board of Education and using the same criteria provided
7
8 for in Section 16-102 of this title. Each local textbook committee
8
9 shall serve without compensation and shall cease to exist when local
9
10 adoptions have been completed and shall be replaced by another local
10
11 textbook committee appointed in the same manner as provided for in
11
12 this section.
12
13 D. Except as otherwise provided for in subsection E of this
13
14 section, on or before a date to be fixed by the State Board of
14
15 Education, the superintendent of each school district shall submit
15
16 to the State Board of Education a textbook plan outlining the
16
17 estimated number of textbooks needed by the school district and the
17
18 total amount of money to be expended by the district for textbooks
18
19 including the allocated funds and any additional supplemental funds
19
20 to be expended. The superintendent or textbook coordinator
20
21 appointed by the superintendent shall place orders from the proper
21
22 depository or depositories for all of the textbooks needed as
22
23 outlined in the textbook plan by the district for the ensuing year.
23
24 The superintendent of a school district or textbook coordinator may
24
Req. No. 833 Page 28
1 order any textbooks placed on the official list of textbooks. If
1
2 the order exceeds the allocation for each school district as
2
3 provided in Section 16-114a of this title, any additional funds
3
4 expended shall be reported on the statement of expenditures for the
4
5 district.
5
6 E. 1. If a school district makes the election as provided for
6
7 in subsection B of Section 16-114a of this title, the district shall
7
8 not be required to appoint a local textbook committee, adopt
8
9 textbooks, submit a textbook plan, or expend money on the purchase
9
10 of textbooks during any fiscal year as provided for in this
10
11 subsection.
11
12 2. The provisions of paragraph 1 of this subsection shall cease
12
13 to be effective during the fiscal year which begins on the July 1
13
14 immediately succeeding the legislative session during which the
14
15 measure appropriating monies to the State Board of Education for the
15
16 financial support of public schools is enacted as law and such
16
17 appropriation amount is at least Fifty Million Dollars
17
18 ($50,000,000.00) greater than the amount of money appropriated to
18
19 the State Board of Education for the financial support of public
19
20 schools for the fiscal year ending June 30, 2019. Provided, the
20
21 Fifty Million Dollars ($50,000,000.00) shall not include any amount
21
22 of appropriations dedicated for support or certified employee salary
22
23 increases.
23
24 SECTION 5. This act shall become effective July 1, 2025.
24
Req. No. 833 Page 29
1 SECTION 6. It being immediately necessary for the preservation
1
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
3
4 be in full force from and after its passage and approval.
4
5
5
6 60-1-833 EB 1/3/2025 10:07:42 AM
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 833 Page 30Every fact on this page links to its source, starting with the official bill record.