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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1998 By: Turner
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 11-105.1, which relates to sex education;
requiring parent permission to administer sex
education to students; 70 O.S. 2021, Section 24-158,
as amended by Section 2, Chapter 281, O.S.L. 2022 (70
O.S. Supp. 2024, Section 24-158), which relates to
the Oklahoma Prevention Needs Assessment Survey;
requiring parent permission to administer the survey
to student; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 11-105.1, is
amended to read as follows:
Section 11-105.1. A. All curriculum and materials including
supplementary materials which will be used to teach or will be used
for or in connection with a sex education class or program which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes, or any test, survey or questionnaire whose primary
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purpose is to elicit responses on sexual behavior or attitudes shall
be available through the superintendent or a designee of the school
district for inspection by parents and guardians of the student who
will be involved with the class, program or test, survey or
questionnaire. Such curriculum, materials, classes, programs,
tests, surveys or questionnaires shall include information about
consent and shall have as one of its primary purposes the teaching
of or informing students about the practice of abstinence. For the
purposes of this section, "consent" shall have the same meaning as
that provided by Section 113 of Title 21 of the Oklahoma Statutes.
The superintendent or a designee of the school district shall
provide prior written notification to the parents or guardians of
the students involved of their right to inspect the curriculum and
material and of their obligation to notify the school in writing if
they do not want their child to participate in the class, program,
test, survey or questionnaire. Each local board of education shall
determine the means of providing written notification to the parents
and guardian which will ensure effective notice in an efficient and
appropriate manner. No student shall be required to participate in
a sex education class or program which discusses sexual behavior or
attitudes if unless a parent or guardian of the student objects
provides permission in writing to such participation. If the type
of program referred to in this section is a part of or is taught
during a credit course, a student may be required to enroll in the
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course but shall not be required to receive instruction in or
participate in the program if unless a parent or guardian objects
provides permission in writing.
B. The superintendent or a designee of a school district in
which sex education is taught or a program is offered which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes shall approve all curriculum and materials which will be
used for such education and any test, survey or questionnaire whose
primary purpose is to elicit responses on sexual behavior or
attitudes used in the school prior to their use in the classroom or
school. The teacher involved in the class, program, testing or
survey shall submit the curriculum, materials, tests or surveys to
the superintendent or a designee for approval prior to their use in
the classroom or school. This section shall not apply to those
students enrolled in classes, programs, testings or surveys offered
through an alternative education program.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-158, as
amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2024,
Section 24-158), is amended to read as follows:
Section 24-158. A. The "Oklahoma Prevention Needs Assessment
Survey" means the biennial mental health prevention survey of public
school students in grades six, eight, ten, and twelve managed by the
Department of Mental Health and Substance Abuse Services.
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B. Beginning in the 2022-2023 school year, and biennially
thereafter, public schools shall administer the Oklahoma Prevention
Needs Assessment Survey, or an alternative survey as provided in
subsection D of this section, to students who have parent permission
to participate, for the purpose of providing direction to schools,
school districts, and communities to effectively improve the lives
of students regarding a variety of issues with a focus on alcohol,
tobacco, other drug use, mental health, academic failure, and
violence.
C. The Department of Mental Health and Substance Abuse Services
shall maintain the Oklahoma Prevention Needs Assessment Survey and
shall provide technical assistance for schools in survey
administration, reporting, planning, and development of school
mental health prevention and intervention strategies informed by the
survey results.
D. If a school or school district chooses to administer an
alternative survey or assessment tool to fulfill the purpose
described in subsection B of this section, it may apply for a waiver
through the Department of Mental Health and Substance Abuse
Services.
E. The school district superintendent or his or her designee
shall provide prior written notification to the parents or legal
guardians of students to be administered of the intent to administer
the Oklahoma Prevention Needs Assessment Survey or an alternative
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survey or assessment tool adopted pursuant to subsection D of this
section. The notification shall include information to parents and
legal guardians that they may must opt their student out of in to
the survey or assessment tool by providing written notice to the
school district, if they wish for their student to participate.
F. Prior to the biennial administration of the Oklahoma
Prevention Needs Assessment Survey, the Department of Mental Health
and Substance Abuse Services shall submit the survey to the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, the chairs of the committees
with responsibility over common education in both houses of the
Legislature, and the chairs of the committees with responsibility
over public health in both houses of the Legislature.
G. The provisions of this section shall be subject to the
availability of federal funding. If federal funding is insufficient
to provide the Oklahoma Prevention Needs Assessment Survey to public
schools on a biennial basis, administration of the survey shall not
be required.
H. The Board of Mental Health and Substance Abuse Services and
the State Board of Education may promulgate rules as necessary to
carry out the provisions of this section.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11794 SW 01/08/25