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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3139 By: West (Kevin)
AS INTRODUCED
An Act relating to schools; creating the Safeguarding
Personal Expression At K-12 Schools (SPEAKS) Act;
defining terms; prohibiting certain student
religious, political, or ideological discrimination;
allowing certain protected speech at school regarding
religious, political, or ideological viewpoints;
allowing certain gatherings before, during, or after
school; permitting certain clothing and accessories;
permitting certain clubs; prohibiting school
discrimination against student clubs; clarifying
speech and conduct that schools may prohibit or
restrict; creating private right of action; allowing
certain violations to be used as a defense or
counterclaim; prohibiting limitation of legal
remedies; providing suit filing limitations;
providing state waiver of immunity; prohibiting
schools from being immune for certain violations;
providing for noncodification; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Safeguarding
Personal Expression At K-12 Schools (SPEAKS) Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24-166 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "School" means a public school teaching students attending
any grade from kindergarten through twelfth grade within an Oklahoma
school district; and
2. "Student" means an individual who is enrolled at a school on
a full-time or part-time basis.
B. 1. No student shall be discriminated against or penalized
by a school for engaging in religious, political, or ideological
speech, or expressing a religious, political, or ideological
viewpoint in the same time, place, and manner and to the same extent
that other similarly situated students may engage in speech or
express views at school.
2. A student may engage in protected speech or expression at
school, including but not limited to:
a. expressing a religious, political, or ideological
viewpoint on the topic or subject of discussion or
study inside of class,
b. expressing religious, political, or ideological
viewpoints in a homework assignment, artwork,
presentation, or other written or oral assignment
without discrimination or academic penalty based on
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the religious, political, or ideological content of
the student's submissions. The student's work shall
be assessed by ordinary academic standards of
substance and relevance and against other legitimate
pedagogical concerns identified by the school,
c. organizing religious, political, or ideological
gatherings before, during, and after school to the
same extent and with the same access to school
facilities as other student-initiated gatherings are
permitted,
d. wearing clothing, accessories, and jewelry that
display religious, political, or ideological messages
or religious, political, or ideological symbols in the
same manner and to the same extent that other students
are permitted to wear clothing, accessories, and
jewelry that display messages and symbols, and
e. one or more students organizing religious, political,
or ideological clubs before, during, and after school
to the same extent and with the same access to school
facilities and to all benefits and privileges that are
afforded to other clubs authorized by the school. A
school shall not discriminate against a student club
because of:
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(1) the religious, political, or ideological
viewpoints expressed by the students or the
organization, or
(2) any requirement that the leaders or members of
the club affirm and adhere to the organization's
sincerely held beliefs, comply with the
organization's standards of conduct, or further
the organization's mission or purpose, as defined
by the student organization.
C. Nothing in this section shall be interpreted as preventing a
school from prohibiting, limiting, or restricting:
1. Expression that the First Amendment does not protect
including true threats, obscenity, and expression directed to
provoke imminent lawless actions or likely to produce such actions;
2. Expression that is unwelcome and so severe, pervasive, or
subjectively and objectively offensive, that a student is
effectively denied equal access to educational opportunities or
benefits provided by the school; or
3. Conduct that intentionally, materially, and substantially
disrupts:
a. the operations of the school, or
b. the expressive activity of another individual if that
activity is occurring in a school space reserved for
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that activity under the exclusive use or control of a
particular student, group of students, or club.
D. 1. Any person or student organization who is harmed by a
violation of this act or whose rights under this act are violated
shall have a private cause of action against the school for
declaratory and injunctive relief, monetary damages, reasonable
attorney fees and costs, and any other appropriate relief.
2. Any person or student organization aggrieved by a violation
of this act may assert such violation as a defense or counterclaim
in any disciplinary action or in any civil or administrative
proceedings brought against such person or student organization.
3. Nothing in this section shall be interpreted to limit any
other remedies available by law to any student or student
organization.
E. A person or student organization shall be required to bring
suit for violation of this section not later than two (2) years
after the last day the cause of action accrues. For purposes of
calculating the two-year limitation period, each day that the
violation persists, or each day that a policy in violation of this
section remains in effect, shall constitute a new day that the cause
of action has accrued.
F. The state waives immunity under the Eleventh Amendment of
the United States Constitution and consents to suit in a federal
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court for lawsuits arising out of this act. A school that violates
this act is not immune from suit or liability for the violation.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-14689 SW 01/04/26