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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1964 By: Williams
AS INTRODUCED
An Act relating to parental rights; amending 25 O.S.
2021, Sections 2001, 2003, and 2005, which relate to
the Parents' Bill of Rights; providing for private
right of action; providing that parents may review
certain materials; providing that parents may object
to any material; providing that parents may opt in to
certain instruction; providing for a fine per
violation; defining term; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is
amended to read as follows:
Section 2001. A. This act shall be known and may be cited as
the "Parents' Bill of Rights".
B. This state, any political subdivision of this state or any
other governmental entity shall not infringe on the fundamental
right of parents to direct the upbringing, education, health care
and mental health of their children without demonstrating that the
compelling governmental interest as applied to the child involved is
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of the highest order, is narrowly tailored and is not otherwise
served by a less restrictive means.
C. As used in the Parents' Bill of Rights, "parent" means the
natural or adoptive parent or legal guardian of a minor child.
D. Any parent whose child is a student at a school that
violates the provisions of Section 2003 of this title and whose
child suffers any harm as a result of the violation shall be
entitled to bring a private right of action against the school for
damages.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 2003, is
amended to read as follows:
Section 2003. A. The board of education of a school district,
in consultation with parents, teachers and administrators, shall
develop and adopt a policy to promote the involvement of parents and
guardians of children enrolled in the schools within the school
district, including:
1. A plan for parent participation in the schools which is
designed to improve parent and teacher cooperation in such areas as
homework, attendance and discipline;
2. Procedures by which parents may learn about the course of
study for their children and review any learning materials,
including the source of any supplemental educational materials,
review budget expenditures, contracts, and agreements, and receive
information about all of the school's or school district's programs
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and activities, including, but not limited to, locally adopted and
implemented curriculum, education or noneducational programs and
activities, classroom assignments, orientation programs, training
programs, counseling programs, or classroom activities and
interventions;
3. Procedures by which parents who object to any academic or
nonacademic learning material or activity, any academic or
nonacademic school programs or activities, or any academic or
nonacademic instruction on the basis that it is harmful may withdraw
their children from the activity or from the class or program in
which the material is used. Objection to a any learning material
or, activity, or instruction on the basis that it is harmful
includes objection to a material or activity because it questions
beliefs or practices in sex, morality or, religion, race, or gender,
including gender identity;
4. If a school district offers any sex education curricula
pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or
pursuant to any rules adopted by the State Board of Education,
procedures to opt out of a school district from providing in to the
sex education instruction to a child if the child's parent provides
written objection by providing in writing consent to the child's
participation in the sex education curricula;
5. Procedures by which parents will be notified in advance of
and given the opportunity to withdraw required to opt their children
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from in to any instruction or presentations regarding morality, any
social and emotional learning program, religion, race, gender,
including gender identity, or sexuality in courses other than formal
sex education curricula pursuant to Section 11-105.1 of Title 70 of
the Oklahoma Statutes;
6. Procedures by which parents may learn about the nature and
purpose of clubs and activities that are part of the school
curriculum, as well as extracurricular clubs and activities that
have been approved by the school; and
7. Procedures by which parents must provide prior written
consent to a student's participation in any classroom activities or
courses that promote or require a student to accept a particular
ideological, philosophical, or political belief or principle,
including activities related to or associated with a school's
diversity, equity, or inclusion plan;
8. Procedures by which parents may learn about a school
district's equity, diversity, and inclusion plan, including, but not
limited to, steps the school district is taking to implement the
plan; and
9. Procedures by which parents may learn about parental rights
and responsibilities under the laws of this state, including the
following:
a. the right to opt out of in to a sex education
curriculum if one is provided by the school district,
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b. open enrollment rights,
c. the right to opt out of in to assignments pursuant to
this section,
d. the right to be exempt from the immunization laws of
the state pursuant to Section 1210.192 of Title 70 of
the Oklahoma Statutes,
e. the promotion requirements prescribed in Section
1210.508E of Title 70 of the Oklahoma Statutes,
f. the minimum course of study and competency
requirements for graduation from high school
prescribed in Section 11-103.6 of Title 70 of the
Oklahoma Statutes,
g. the right to opt out of in to instruction on the
acquired immune deficiency syndrome pursuant to
Section 11-103.3 of Title 70 of the Oklahoma Statutes,
h. the right to review test results,
i. the right to participate in gifted programs pursuant
to Sections 1210.301 through 1210.308 of Title 70 of
the Oklahoma Statutes,
j. the right to inspect instructional materials used in
connection with any research or experimentation
program or project pursuant to Section 11-106 of Title
70 of the Oklahoma Statutes,
k. the right to receive a school report card,
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l. the attendance requirements prescribed in Section 10-
106 of Title 70 of the Oklahoma Statutes,
m. the right to public review of courses of study and
textbooks,
n. the right to be excused from school attendance for
religious purposes,
o. policies related to parental involvement pursuant to
this section,
p. the right to participate in parent-teacher
associations and organizations that are sanctioned by
the board of education of a school district, and
q. the right to opt out of in to any formal or informal
data collection instrument or survey, including, but
not limited to, any instrument collecting nonacademic
information from a student at the district level that
would capture data for inclusion in the state
longitudinal student data system except what is
necessary and essential for establishing a student's
public school record,
r. the right to review any formal or informal data
collection instrument or survey at the district level,
s. the right to opt in to a student's participation in
activities associated with the implementation of a
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diversity, equity or inclusion plan prior to the
student's participation in such activities, and
t. the right to opt in to participation in any social and
emotional learning program.
B. The board of education of a school district may adopt a
policy to provide to parents the information required by this
section in an electronic form.
C. A parent shall submit a written request for information
pursuant to this section during regular business hours to either the
school principal at the school site or the superintendent of the
school district at the office of the school district. Within ten
(10) days of receiving the request for information, the school
principal or the superintendent of the school district shall either
deliver the requested information to the parent or submit to the
parent a written explanation of the reasons for the denial of the
requested information. If the request for information is denied or
the parent does not receive the requested information within fifteen
(15) days after submitting the request for information, the parent
may submit a written request for the information to the board of
education of a school district, which shall formally consider the
request at the next scheduled public meeting of the board if the
request can be properly noticed on the agenda. If the request
cannot be properly noticed on the agenda, the board of education of
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a school district shall formally consider the request at the next
subsequent public meeting of the board.
D. A school that violates this section is punishable by a fine
of One Thousand Dollars ($1,000.00) per violation.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 2005, is
amended to read as follows:
Section 2005. A. Except as otherwise provided by law or a
court order, no person, corporation, association, organization or
state-supported institution, or any individual employed by any of
these entities, may procure, solicit to perform, arrange for the
performance of or perform an assessment for mental health therapy on
a minor without first obtaining the written consent of a parent or a
legal guardian of the minor child. Provided, however, that if
written consent is provided to a school district for assessment or
treatment, such consent shall be effective for the school year for
which it is granted and shall be renewed each subsequent school
year. If an assessment or treatment is performed through
telemedicine at a school site and if consent has been provided by
the parent and is currently effective, the health professional shall
not be required to verify that the parent is at the site. However,
a child shall not be seen without consent.
B. For purposes of this section, mental health therapy shall
include mental health services, behavioral health services, sexual
and reproductive health information, substance abuse treatment,
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information on transitioning, gender-affirming care, suicide
prevention programs, cross-sex counseling, and any information
provided by a school relating to sexual identity, sexual
orientation, gender identity, gender expression, gender
transitioning, or transgender identity.
C. This section does not apply when an emergency exists that
requires a person to perform mental health screening or provide
mental health treatment to prevent serious injury to or save the
life of a minor child.
C. D. A person who violates this section is guilty of a
misdemeanor, punishable by a fine of not more than One Thousand
Dollars ($1,000.00) or imprisonment of not more than one (1) year in
the county jail, or by both such fine and imprisonment.
SECTION 4. This act shall become effective November 1, 2025.
60-1-10847 CMA 12/12/24