1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3120 By: Williams
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6 AS INTRODUCED
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7 An Act relating to sex education; amending 25 O.S.
7 2021, Section 2003, which relates to the Parents'
8 Bill of Rights; providing for parental opt in for
8 child to participate in sex education; providing for
9 parental notification of school choice options;
9 providing for parental opt in for certain
10 instruction; permitting parental appeal of certain
10 information request denial; directing State Board of
11 Education to establish standard appeals process;
11 requiring accreditation deficiency if school is not
12 in compliance; defining terms; establishing school
12 policy prohibiting certain pronouns; providing
13 exceptions for certain disorders; banning requirement
13 of using certain preferred personal title or
14 pronouns; requiring student school records to comply
14 with certain policy; prescribing punishment for
15 changing certain student records; directing boards of
15 education to adopt certain parental notification
16 procedures; prohibiting adoption of certain
16 procedures to discourage parental notification;
17 allowing district to withhold information in certain
17 instances; banning instruction on sexual orientation
18 or gender identity; providing exception; requiring
18 instruction to be age-appropriate or developmentally
19 appropriate; prescribing student support services
19 training to adhere to certain guidelines; mandating
20 annual notification of health care services;
20 providing for parental option to consent or withhold
21 consent; requiring parental permission before
21 administering certain student questionnaire or form;
22 establishing process to address parental concerns;
22 authorizing parent to file civil action; providing
23 for award of damages and other costs and fees;
23 directing school district to publish certain policies
24 on its website; amending 70 O.S. 2021, Section 11-
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 1 103.3, which relates to AIDS prevention education;
1 prohibiting student from participating in AIDS
2 education without parental permission; amending 70
2 O.S. 2021, Section 11-105.1, which relates to sex
3 education; striking information to be included in
3 curriculum; deleting definition for consent; barring
4 student from participating in sex education without
4 parental permission; directing certain curriculum and
5 materials to be approved annually by the board of
5 education; requiring certain concepts and ideas to be
6 taught in sex education; prohibiting inclusion of
6 certain concepts and ideas in sex education
7 instruction; directing certain concepts in sex
7 education to be emphasized; prescribing who can teach
8 sex education programs; disallowing other
8 organizations from providing sex education; directing
9 certain coordination between the Department of
9 Education and State Textbook Committee; requiring
10 State Textbook Committee to provide instructional
10 material guidelines; directing board of education to
11 review and revise certain policies and procedures;
11 mandating State Board of Education to consider
12 certain compliance when reviewing school
12 accreditation; providing for codification; providing
13 an effective date; and declaring an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 25 O.S. 2021, Section 2003, is
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18 amended to read as follows:
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19 Section 2003. A. The board of education of a school district,
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20 in consultation with parents, teachers and administrators, shall
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21 develop and adopt a policy to promote the involvement of parents and
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22 guardians of children enrolled in the schools within the school
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23 district, including:
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 1 1. A plan for parent participation in the schools which is
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2 designed to improve parent and teacher cooperation in such areas
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3 such as homework, attendance, and discipline;
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4 2. Procedures by which parents may learn about the course of
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5 study for their children and review learning materials, including
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6 the source of any supplemental educational materials;
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7 3. Procedures by which parents who object to any learning
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8 material or activity on the basis that it is harmful may withdraw
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9 their children from the activity or from the class or program in
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10 which the material is used. Objection to a learning material or
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11 activity on the basis that it is harmful includes objection to a
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12 material or activity because it questions beliefs or practices in
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13 sex, morality or religion;
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14 4. If a school district offers any sex education curricula
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15 pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or
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16 pursuant to any rules adopted by the State Board of Education,
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17 procedures to opt out of in to a school district from providing
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18 district's sex education instruction to a child if the child's
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19 parent provides written objection to permission for the child's
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20 participation child to participate in the sex education curricula;
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21 5. Procedures by which parents will be notified in advance of
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22 and given the opportunity to withdraw their children from any
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23 instruction or presentations regarding sexuality in courses other
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 1 than formal sex education curricula pursuant to Section 11-105.1 of
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2 Title 70 of the Oklahoma Statutes;
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3 6. Procedures by which parents may learn about the nature and
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4 purpose of clubs and activities that are part of the school
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5 curriculum, as well as extracurricular clubs and activities that
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6 have been approved by the school; and
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7 7. Procedures by which parents may learn about parental rights
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8 and responsibilities under the laws of this state, including the
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9 following:
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10 a. the right to opt out of in to a sex education
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11 curriculum if one is provided by the school district,
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12 b. open enrollment rights and school choice options,
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13 c. the right to opt out of assignments pursuant to this
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14 section,
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15 d. the right to be exempt from the immunization laws of
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16 the state pursuant to Section 1210.192 of Title 70 of
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17 the Oklahoma Statutes,
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18 e. the promotion requirements prescribed in Section
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19 1210.508E of Title 70 of the Oklahoma Statutes,
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20 f. the minimum course of study and competency
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21 requirements for graduation from high school
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22 prescribed in Section 11-103.6 of Title 70 of the
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23 Oklahoma Statutes,
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 1 g. the right to opt out of in to instruction on the
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2 acquired immune deficiency syndrome pursuant to
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3 Section 11-103.3 of Title 70 of the Oklahoma Statutes,
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4 h. the right to review test results,
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5 i. the right to participate in gifted programs pursuant
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6 to Sections 1210.301 through 1210.308 of Title 70 of
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7 the Oklahoma Statutes,
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8 j. the right to inspect instructional materials used in
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9 connection with any research or experimentation
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10 program or project pursuant to Section 11-106 of Title
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11 70 of the Oklahoma Statutes,
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12 k. the right to receive a school report card,
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13 l. the attendance requirements prescribed in Section 10-
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14 106 of Title 70 of the Oklahoma Statutes,
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15 m. the right to public review of courses of study and
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16 textbooks,
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17 n. the right to be excused from school attendance for
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18 religious purposes,
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19 o. policies related to parental involvement pursuant to
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20 this section,
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21 p. 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. the right to opt out of any data collection instrument
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2 at the district level that would capture data for
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3 inclusion in the state longitudinal student data
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4 system except what is necessary and essential for
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5 establishing a student's public school record.
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6 B. The board of education of a school district may adopt a
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7 policy to provide to parents the information required by this
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8 section in an electronic form.
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9 C. A parent shall submit a written request for information
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10 pursuant to this section during regular business hours to either the
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11 school principal at the school site or the superintendent of the
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12 school district at the office of the school district. Within ten
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13 (10) days of receiving the request for information, the school
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14 principal or the superintendent of the school district shall either
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15 deliver the requested information to the parent or submit to the
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16 parent a written explanation of the reasons for the denial of the
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17 requested information. If the request for information is denied or
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18 the parent does not receive the requested information within fifteen
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19 (15) days after submitting the request for information, the parent
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20 may submit a written request for the information to the board of
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21 education of a school district, which shall formally consider the
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22 request at the next scheduled public meeting of the board if the
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23 request can be properly noticed on the agenda. If the request
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24 cannot be properly noticed on the agenda, the board of education of
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 1 a school district shall formally consider the request at the next
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2 subsequent public meeting of the board. A parent may appeal a
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3 denial of request for information to the State Board of Education
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4 through a standard appeals process established by the Board. If a
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5 school is determined to be out of compliance with this section, the
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6 school shall be given a deficiency in its accreditation.
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7 SECTION 2. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 1-126 of Title 70, unless there
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9 is created a duplication in numbering, reads as follows:
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10 As used in Title 70 of the Oklahoma Statutes:
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11 1. "Father" means the male parent of a child or children;
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12 2. "Female" means a natural person whose biological
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13 reproductive system is developed to produce ova;
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14 3. "Male" means a natural person whose biological reproductive
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15 system is developed to fertilize the ova of a female;
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16 4. "Man" or "boy" means a natural person who is male;
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17 5. "Mother" means the female parent of a child or children;
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18 6. "Natural person" means a person as defined in paragraph 7 of
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19 this section, except for bodies politic or corporate;
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20 7. "Person", except when used by way of contrast, includes not
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21 only human beings, but bodies politic or corporate;
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22 8. "Sex" means the classification of a person as either female
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23 or male based on the organization of the body of the person for a
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24 specific reproductive role, as indicated by the person's sex
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 1 chromosomes, naturally occurring sex hormones, and internal and
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2 external genitalia present at birth. The term "gender" shall be
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3 synonymous with the term "sex" as defined here; and
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4 9. "Woman" or "girl" means a natural person who is female.
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5 SECTION 3. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 1-127 of Title 70, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. It shall be the policy of every public school or charter
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9 school that is provided or authorized by the Oklahoma Constitution
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10 and state laws that a person's sex is an immutable biological trait
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11 and that it is false to ascribe to a person a pronoun that does not
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12 correspond to the person's sex. This section shall not apply to
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13 individuals born with a genetically or biochemically verifiable
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14 disorder of sex development, including, but not limited to, 46, XX
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15 disorder of sex development; 46, XY disorder of sex development; sex
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16 chromosome disorder of sex development; XX or XY sex reversal; and
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17 ovotesticular disorder.
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18 B. An employee, contractor, or student of a public school or
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19 charter school shall not be required, as a condition of employment,
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20 enrollment, or participation in any program, to refer to another
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21 person using that person's preferred personal title or pronouns if
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22 the personal title or pronouns do not correspond to that person's
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23 sex.
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 1 C. An employee or contractor of a public school or charter
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2 school shall not provide to a student his or her preferred personal
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3 title or pronouns if the preferred personal title or pronouns do not
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4 correspond to that person's sex.
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5 D. A student shall not be asked by an employee or contractor of
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6 a public school or charter school to provide his or her preferred
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7 personal title or pronouns or be penalized or subjected to adverse
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8 or discriminatory treatment for not providing his or her preferred
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9 personal title or pronouns.
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10 E. Public school and charter school records regarding a
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11 student's sex or gender shall always comply with subsection A of
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12 this section, and the definition of the word sex defined in
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13 paragraph 8 of Section 2 of this act. Any person who changes a
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14 student's records described under this subsection not in compliance
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15 with subsection A of this section and Section 2 of this act shall be
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16 guilty of a misdemeanor pursuant to Section 587 of Title 21 of the
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17 Oklahoma Statutes.
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18 SECTION 4. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 1-128 of Title 70, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. In accordance with the Parents' Bill of Rights enumerated in
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22 Sections 2002 and 2003 of Title 25 of the Oklahoma Statutes, school
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23 district boards of education shall adopt procedures for notifying a
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24 student's parent if there is a change in the student's services or
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 1 monitoring related to the student's mental, emotional, or physical
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2 health or well-being and the school's ability to provide a safe and
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3 supportive learning environment for the student. The procedures
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4 shall reinforce the fundamental right of parents to make decisions
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5 regarding the upbringing and control of their children by requiring
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6 school personnel to encourage a student to discuss issues related to
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7 his or her well-being with his or her parent or to facilitate
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8 discussion of the issue with the parent. The procedures shall not
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9 prohibit parents from accessing any of their student's education and
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10 health records created, main