ok-981: State Regents for Higher Education — Administrative Operations

Summary

The Oklahoma Legislature passed HB 1775 during the 2021 legislative session and the bill was signed into law by Governor Kevin Stitt on May 7, 2021. HB 1775 created a new section of law, codified at 70 O.S. § 24-157(A)(1), and that provides the following: “No enrolled student of an institution of higher education within The Oklahoma State System of Higher Education shall be required to engage in any form of mandatory gender or sexual diversity training or counseling; provided, voluntary counseling shall not be prohibited. Any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex shall be prohibited.” In Black Emergency Response Team, et al. v. Drummond, et al., students, educators and others challenged 70 O.S. § 24-157 and its restrictions on training, counseling, orientation and requirements concerning race and gender at institutions of higher education among other restrictions on primary and secondary schools. Plaintiffs sought preliminary and permanent injunctive relief from enforcement of HB 1775. On June 14, 2024, an Order of Preliminary Injunction was granted in part and denied in part and a Motion to Dismiss was granted in part and denied as moot in part. The case is still pending judgment on the merits. Under 70 O.S. § 24-157, the Oklahoma State Regents for Higher Education are required to promulgate rules, subject to approval by the Governor and the Legislature, to implement the provisions of 70 O.S. § 24-157(A)(1). See 70 O.S. § 24-157(A)(2) (“Pursuant to the provisions of the Administrative Procedures Act, the Oklahoma State Regents for Higher Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection.”). The proposed permanent rule is necessary to comply with 70 O.S. § 24-157(A). The permanent rules will provide guidance to institutions and enrolled students.

The agency’s own summary, as published.