Read the full stored bill text
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 759 By: Prieto
AS INTRODUCED
An Act relating to schools; amending 25 O.S. 2021,
Sections 2001, 2002, 2003, 2004, and 2005, which
relate to the Parents’ Bill of Rights; clarifying
entities that shall not infringe on certain rights of
parents; modifying definition; modifying right to
access and review certain medical records; expanding
right to consent to include making of certain
photograph; modifying certain exception regarding
withholding of information from a child’s parent;
directing the State Board of Education to develop
certain training materials; directing school district
boards of education to use the training materials to
train school district employees at the beginning of
every school year; providing certain construction;
requiring written consent to provide sex education
instruction to a child; requiring written consent to
provide instruction or presentations regarding
sexuality; requiring a school district board of
education to adopt procedures to provide notification
and require written consent prior to providing
instruction or presentations on sexual orientation or
gender identity; prohibiting certain instruction or
presentations from being included in any course of
instruction; requiring notification and written
consent prior to a child participating in any clubs
or activities; providing for right to review certain
books and materials; requiring boards of education to
make available for public inspection certain
information; reducing time period allowed for
delivery of requested information or a written
explanation for denial; requiring boards of education
to adopt procedures for notification of parental
concerns; providing for contents of procedures;
providing process to request parental concern
hearing; providing for promulgation of rules;
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providing for minimum contents of rules; providing
for cause of action; requiring boards of education to
adopt procedures to provide notification of certain
remedies; prohibiting certain employee from
performing certain assessments without certain
written consent; defining term; requiring boards of
education to adopt procedures to provide notification
of certain changes in services and changes in certain
names or pronouns; updating statutory language;
amending 70 O.S. 2021, Section 11-105.1, which
relates to sex education curriculum and materials;
requiring written consent from a parent or guardian
for a child to participate in certain instruction or
activities; updating statutory language; providing an
effective date; and declaring an emergency.
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 school district or school district board of
education, any other 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
of the highest order, is narrowly tailored, and is not otherwise
served by a less restrictive means.
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C. As used in the Parents’ Bill of Rights, “parent” means the
natural or adoptive parent or legal guardian of a minor child. A
person whose parental rights have been terminated by a court of this
state shall not be considered a parent to that child for the
purposes of the Parents’ Bill of Rights.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. All parental rights are reserved to a parent
of a minor child without obstruction or interference from this
state, any political subdivision of this state, any other
governmental entity, or any other institution, including, but not
limited to, the following rights:
1. The right to direct the education of the minor child;
2. All rights of parents identified in Title 70 of the Oklahoma
Statutes, including the right to access and review all school
records relating to the minor child;
3. The right to direct the upbringing of the minor child;
4. The right to direct the moral or religious training of the
minor child;
5. The right to make healthcare health care decisions for the
minor child, unless otherwise prohibited by law;
6. The right to access and review all medical records of the
minor child, whether held by the state, any political subdivision of
this state, or any other governmental entity or nongovernmental
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entity, unless otherwise prohibited by law or the parent is the
subject of an investigation of a crime committed against the minor
child and a law enforcement official requests that the information
not be released;
7. The right to consent in writing before a biometric scan of
the minor child is made, shared, or stored;
8. The right to consent in writing before any record of the
minor child’s blood or deoxyribonucleic acid (DNA) is created,
stored, or shared, except as required by Sections 1-516 and 1-524.1
of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
to a court order;
9. The right to consent in writing before the state or any of
its political subdivisions makes a photograph, video, or voice
recording of the minor child, unless the photograph, video, or voice
recording is made during or as a part of a court proceeding, by law
enforcement officers during or as part of a law enforcement
investigation, during or as part of a forensic interview in a
criminal or Department of Human Services investigation, or to be
used solely for any of the following:
a. safety demonstrations, including the maintenance of
order and discipline in the common areas of a school
or on student transportation vehicles,
b. a purpose related to a legitimate academic or
extracurricular activity,
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c. a purpose related to regular classroom instruction,
d. security or surveillance of buildings or grounds, and
e. a photo identification card; and
10. The right to be notified promptly if an employee of this
state, any political subdivision of this state, any other
governmental entity, or any other institution suspects that a
criminal offense has been committed against the minor child by
someone other than a parent, unless the incident has first been
reported to law enforcement and notification of the parent would
impede a law enforcement or Department of Human Services
investigation. This paragraph does not create any new obligation
for school districts and charter schools to report misconduct
between students at school, such as fighting or aggressive play,
that is routinely addressed as a student disciplinary matter by the
school.
B. This section does not authorize or allow a parent to engage
in conduct that is unlawful or to abuse or neglect a child in
violation of the laws of this state. This section shall not be
construed to apply to a parental action or decision that would end
life. This section does not prohibit courts, law enforcement
officers, or employees of a government agency responsible for child
welfare from acting in their official capacity within the reasonable
and prudent scope of their authority. This section does not
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prohibit a court from issuing an order that is otherwise permitted
by law.
C. Any attempt to encourage or coerce a minor child to withhold
information from the child’s parent shall be grounds for discipline
of an employee of this state, any political subdivision of this
state, or any other governmental entity, except for encouragement by
law enforcement personnel when a parent is the subject of an
investigation of a crime committed against the minor child.
D. Unless those rights have been legally waived or legally
terminated, parents have inalienable rights that are more
comprehensive than those listed in this section. The Parents’ Bill
of Rights does not prescribe all rights of parents. Unless
otherwise required by law, the rights of parents of minor children
shall not be limited or denied. The Parents’ Bill of Rights shall
not be construed to apply to a parental action or decision that
would end life.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 2003, is
amended to read as follows:
Section 2003. A. 1. The State Board of Education shall
develop training materials for the purpose of providing in-service
training to all school district personnel including administrators
and school district board of education members to make clear the
legislative intent of the Parents’ Bill of Rights and what is
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expected of them with regard to their responsibility to protect
parents’ civil and constitutional rights pursuant to this section.
2. School district boards of education shall use the training
materials developed pursuant to paragraph 1 of this subsection to
train all school district employees at the beginning of every school
year. Failure to receive the training required by this paragraph
shall not be considered a legal defense to an alleged violation of
parental rights.
B. 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 learning materials, including
the source of any supplemental educational materials;
3. Procedures by which parents who object to any learning
material or activity 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 learning material or
activity on the basis that it is harmful includes objection to a
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material or activity because it questions beliefs or practices in
sex, morality, or religion;
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 requiring
written consent from a parent for a school district to provide sex
education instruction to a child if the child’s parent provides
written objection to the child’s participation in the sex education
curricula. In the absence of written consent from a parent, a child
shall be considered automatically withdrawn from the sex education
curricula;
5. Procedures by which parents will be notified in advance of
and given the opportunity to withdraw approve, in writing, the
participation of their children from in any instruction or
presentations regarding sexuality in courses other than formal sex
education curricula pursuant to Section 11-105.1 of Title 70 of the
Oklahoma Statutes. In the absence of written consent from a parent,
a child shall be considered automatically withdrawn from any
instruction or presentations regarding sexuality;
6. Procedures by which parents will be notified in advance of
and given the opportunity to approve, in writing, the participation
of their children in any instruction or presentations on sexual
orientation or gender identity. In the absence of written consent
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from a parent, a child shall be considered automatically withdrawn
from instruction or presentations on sexual orientation or gender
identity. Instruction or presentations on sexual orientation or
gender identity shall not be included in any course of instruction
offered in public schools in this state, including, without
limitation, the standard course of study and support materials,
locally developed curriculum, supplemental instruction, textbooks,
or other supplementary materials, regardless of whether such
instruction or presentations are provided by school personnel or
third parties;
7. 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 or the school district board of
education and procedures by which parents will be notified of and
given the opportunity to approve, in writing, the participation of
their child in any clubs or activities. In the absence of written
consent from a parent, a child shall be considered ineligible to
participate in clubs or activities; and
7. 8. 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 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
provisions of the Strong Readers Act,
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 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,
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k. the right to receive a school report card,
l. the right to receive 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 public review of library books and
materials used in the classrooms or any other school
room accessible to students,
o. the right to be excused from school attendance for
religious purposes,
o. p. policies related to parental involvement pursuant to
this section,
p. q. the right to participate in parent-teacher
associations and organizations that are sanctioned by
the board of education of a school district, and
q. r. the right to opt out of any data collection
instrument at the district level including those 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.
B. C. 1. The board of education of a school district shall
adopt a policy to make available for public inspection printed
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copies of information required by this section including the board
of education’s policy manual and any parent or student handbook.
2. The board of education of a school district may adopt a
policy to provide to parents the public the information required by
this section in an electronic form including the board of
education’s policy manual and any parent or student handbook.
C. D. 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) seven (7) 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) ten (10) 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 a school district shall formally consider
the request at the next subsequent public meeting of the board.
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E. A school district board of education shall adopt procedures
for a parent to notify the principal of the school in which his or
her child is enrolled regarding concerns about the school district’s
procedures or practices adopted to implement the Parents’ Bill of
Rights and a process for resolving concerns within seven (7) days of
receiving the notification from a parent. If the parental concerns
have not been resolved within twenty-one (21) days of receiving the
notification from a parent, the school district shall provide a
statement of the reasons for not resolving the concerns. If a
parental concern submitted pursuant to this subsection is not
satisfactorily resolved by the school district within thirty (30)
days, a parent may:
1. Notify the State Board of Education of the concern and
request a parental concern hearing. The Board shall promulgate
rules establishing procedures for parental concern hearings, which
shall include at a minimum the following:
a. the State Board of Education shall appoint a qualified
hearing officer, who shall be admitted to practice law
in this state pursuant to Section 12 of Title 5 of the
Oklahoma Statutes with demonstrated experience in
education or administrative law within the last five
(5) years,
b. the hearing officer shall determine facts related to
the dispute over the school district’s procedure or
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practice, consider information provided by the school
district and the parent, and render a recommended
decision for resolution to the State Board of
Education within thirty (30) days of the concern being
referred to the hearing officer,
c. the State Board of Education shall approve or reject
the recommended decision for resolution at its next
regularly scheduled board meeting held within seven
(7) days of receipt of the recommended decision, and
d. the school district shall pay the cost of the hearing
officer and any associated costs incurred by the State
Board of Education for conducting the parental concern
hearing; or
2. Bring an action against the school district for injunctive
relief and a declaratory judgment that the district’s procedure or
practice violates any provision of the Parents’ Bill of Rights. The
court may award injunctive relief to a parent and shall award
reasonable attorney fees and costs to a parent awarded injunctive
relief.
F. Each school district board of education shall adopt
procedures to notify parents at the beginning of each school year of
the procedures to exercise parental remedies as outlined in
subsection E of this section.
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SECTION 4. AMENDATORY 25 O.S. 2021, Section 2004, is
amended to read as follows:
Section 2004. A. 1. Except as otherwise provided by law, no
person, corporation, association, organization, state-supported
institution, or individual employed by any of these entities may
procure, solicit to perform, arrange for the performance of, perform
surgical procedures, or perform a physical examination upon a minor
or prescribe any prescription drugs to a minor without first
obtaining a written consent of a parent or legal guardian of the
minor. 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.
2. Notwithstanding the written consent provisions of paragraph
1 of this subsection, an employee of a school district who does not
possess the proper professional license issued by this state shall
not perform an assessment of the physical needs of a minor without
first obtaining the written consent of a parent of the minor.
B. Except as otherwise provided by law, no hospital as defined
in Section 1-701 of Title 63 of the Oklahoma Statutes may permit
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surgical procedures to be performed upon a minor in its facilities
without first having received a written consent from a parent or
legal guardian of the minor.
C. The provisions of this section shall not apply when it has
been determined by a physician that an emergency exists and that it
is necessary to perform such surgical procedures for the treatment
of an injury, illness or drug abuse, or to save the life of the
patient, or when such parent or other adult authorized by law to
consent on behalf of a minor cannot be located or contacted after a
reasonably diligent effort.
D. The provisions of this section shall not apply to an
abortion, which shall be governed by the provisions of Sections 1-
740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63
of the Oklahoma Statutes or any successor statute.
E. A person who violates a provision of 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 5. AMENDATORY 25 O.S. 2021, Section 2005, is
amended to read as follows:
Section 2005. A. 1. 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
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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. For the purposes of this
section, “mental health treatment” includes therapy and counseling
services but does not include counseling on college and career
readiness.
2. Notwithstanding the written consent provisions of paragraph
1 of this subsection, an employee of a school district who does not
possess the proper professional license issued by this state shall
not perform an assessment of the mental or psychological needs of a
minor without first obtaining the written consent of a parent of the
minor.
B. This section does not apply when an emergency exists that
requires a person with the proper professional license issued by
this state to perform mental health screening or provide mental
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health treatment to prevent serious injury to or save the life of a
minor child.
C. Each school district board of education shall adopt
procedures to notify a parent:
1. Prior to or contemporaneous with changes in services, notice
of changes in services, or monitoring related to his or her child’s
mental, emotional, or physical health or well-being and the school
district’s ability to provide a safe and supportive learning
environment for the child; and
2. Prior to any changes in the name or pronoun used for a child
in school records or by school personnel.
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 6. 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
purpose is to elicit responses on sexual behavior or attitudes shall
be available through the superintendent or a designee of the school
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district for inspection by parents and legal 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 their 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
legal guardians of the students involved of their right to inspect
the curriculum and material and of their obligation to notify the
right of parents or legal guardians to provide the school in writing
written consent 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 legal guardians 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 a parent or
legal guardian of the student objects in writing to does not provide
written consent for 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 course but
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shall not be required to receive instruction in or participate in
the program if a parent or legal guardian objects in writing does
not provide written consent.
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 7. This act shall become effective July 1, 2025.
SECTION 8. 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.
60-1-292 EB 1/19/2025 5:42:47 AM