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School board authority in Oklahoma

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Oklahoma state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Oklahoma law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Oklahoma is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
  • Oklahoma is one of 26 states that has a Parents' Bill of Rights.

    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Oklahoma

    Enabling or authorizing statute for the boards of school districts in Oklahoma

    See also: Enabling statute

    Oklahoma Statute 70 § 5-106, creates school district boards and gives them authority to operate according to state law:[1]

    “

    A. The governing board of each school district in Oklahoma is hereby designated and shall hereafter be known as the board of education of such district. Except as otherwise provided in this section, the superintendent of schools appointed and employed by the board shall be the executive officer of the board and shall perform duties as the board directs. B. The board may contract with a superintendent for a term as mutually agreed upon but not to exceed three (3) years beyond the fiscal year in which the contract is approved by the board and accepted by the superintendent. The contract shall include all other terms and conditions as agreed upon in writing by the board and the superintendent. C. The boards of two or more school districts may contract with one superintendent to serve as superintendent of the school districts as provided in Section 4 of this act. D. No board of a school district having average daily membership (ADM) of fewer than five hundred (500) pupils shall be prohibited from allowing a superintendent to serve simultaneously as a principal. E. The chief executive officer of the board of education of a district in which a public developmental research school is established shall be the director of the school appointed as provided in Section 1210.577 of this title.[2]

    		”

    Oklahoma school boards' powers and duties

    Oklahoma public school boards of directors are given 24 specific duties or powers to administer the public schools in Oklahoma. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • enacting governing rules for the school district
    • purchasing and operating school buildings

    The list of powers and duties school district boards are charged with appears in Oklahoma Statute 70 § 5-117 and are as follows:[3]

    “

    A. The board of education of each school district shall have power to:

    1. Elect its own officers; provided that the chair of the board authorized in Section 5-107B of this title shall be elected by the electors of the school district;

    2. Make rules, not inconsistent with the law or rules of the State Board of Education, governing the board and the school system of the district, including converting all or part of a traditional public school to a conversion school;

    3. Maintain and operate a complete public school system of such character as the board of education shall deem best suited to the needs of the school district;

    4. Designate the schools to be attended by the children of the district;

    5. Provide and operate, when deemed advisable, cafeterias or other eating accommodations, thrift banks or other facilities for the teaching and practice of thrift and economy, bookstores, print shops, and vocational and other shops;

    6. Provide informational material concerning school bond elections and millage elections, including but not limited to all pertinent financial information relative to the bond issue, a statement of revenue sources necessary to retire proposed bonds, a statement of current bonded indebtedness of the school district, and a statement of proposed use of funds to be generated by the proposed bond issue. The informational material shall not contain the words "vote yes" or "vote no" or any similar words or statement any place on such informational material;

    7. Purchase, construct or rent, and operate and maintain, classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation places and playgrounds, teacherages, school bus garages, laboratories, administration buildings, and other schoolhouses and school buildings, and acquire sites and equipment for the operation of public schools or conversion schools;

    8. a. Insure the school district or its employees against any loss, damage or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes. b. Subject to the restrictions of liability in the Governmental Tort Claims Act: (1) insure the school district against all or any part of any liability it may incur for death, injury or disability of any person, or for damage to property, either real or personal, (2) insure any employee of the school district against all or any part of the employee's liability for injury or damage resulting from an act or omission in the scope of employment, or (3) insure against the expense of defending a claim against the school district or its employee, whether or not liability exists on such claim. c. As used in this subsection, "employee" means any person who has acted in behalf of a school district, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis. Employee also includes all elected or appointed officers, members of governing bodies of a school district, and persons appointed, and other persons designated by a school district to act in its behalf. d. The cost or premium of any such insurance is a proper expenditure of the school district. e. Any insurance authorized by law to be purchased, obtained or provided by a school district may be provided by: (1) self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes. Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the school district makes its annual estimate for needed appropriations, (2) insurance in any insurer authorized to transact insurance in this state, (3) insurance secured in accordance with any other method provided by law, or (4) any combination of insurance authorized by this section. f. Two or more school districts or public agencies, by interlocal agreement made pursuant to the Interlocal Cooperation Act, may provide insurance for any purpose by any one or more of the methods specified in this section. The pooling of self-insured reserves, claims or losses among governments as authorized in this section shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies, except as to the provisions of Section 607.1 of Title 36 of the Oklahoma Statutes. Two or more school districts may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each school district or apportioned among participating school districts as provided by the master policy or contract;

    9. Acquire property by condemnation proceedings in the same manner as land is condemned for railroad purposes. School district funds may be used to erect buildings on leased land on which other buildings have been erected prior to April 3, 1969, or on land which is leased from a governmental entity;

    10. Lease real or personal property to the state or any political subdivision thereof or a not-for-profit entity operating pursuant to Section 868 of Title 18 of the Oklahoma Statutes for nominal cash consideration for so long as the use of the property by the lessee substantially benefits, in whole or in part, the same public served by the school district;

    11. a. Dispose of personal or real property no longer needed by the district by sale, exchange, lease, lease-purchase, sale and partial lease back, or otherwise. Real property shall be conveyed pursuant to a public sale, public bid, or private sale; provided however, unless otherwise prohibited by law, the board of education of a consolidated or annexed school district or any other school district may convey real property to a local political subdivision or to an educational institution within The Oklahoma State System of Higher Education or to a housing authority formed pursuant to the provisions of Section 1057 of Title 63 of the Oklahoma Statutes without consideration. Prior to the sale of any real property, the board of education shall have the real property appraised. The appraisal shall be confidential until the real property is sold. When the real property is sold, the board of education shall make the appraisal available for public inspection. Prior to the conveyance of any real property by private sale, the board of education shall have offered the real property for sale by public sale or public bid. Any conveyance of real property by private sale to a nonprofit organization, association, or corporation to be used for public purposes, unless for exchange, shall contain a reversionary clause which returns the real property to the board of education upon the cessation of the use without profit or for public purposes by the purchaser or the assigns of the purchaser, b. If a board of education makes the decision to dispose of real or personal property that is leased at the time the decision is made, whether such disposal is by public sale, public bid or private sale, the lessee shall have a right of first refusal to purchase the property on the following terms and conditions: (1) if a board of education receives a bid or offer in a public sale, public bid or private sale for any real or personal property that it desires to accept, then it shall provide notice to the lessee of the property. The notice shall include the identity of the prospective purchaser of the property, the terms and conditions of the proposed sale and the purchase price to be paid by the prospective purchaser, and (2) the lessee shall have thirty (30) days after receipt of the notice to inform the board of education that it elects to purchase the property on the same terms and conditions set forth in the notice, in which event the board of education shall convey the property to the lessee on all the same terms and conditions set forth in the notice; provided, however, that if any portion of the consideration included in the purchase price set forth in the notice is not in cash, then the lessee shall be entitled to pay the fair market value in cash of such noncash consideration;

    12. Purchase necessary property, equipment, furniture and supplies necessary to maintain and operate an adequate school system;

    13. Incur all expenses, within the limitations provided for by law, necessary to perform all powers granted by the provisions of this section;

    14. Contract with and fix the duties and compensation of physicians, dentists, optometrists, nurses, attorneys, superintendents, principals, teachers, bus drivers, janitors and other necessary employees of the district;

    15. Establish a written policy for reimbursement of necessary travel expenses of employees and members of the board. The policy may include in-district travel from the site of employment assignment which is necessary in the performance of employment duties. The written policy shall specify procedures, contain documentation requirements, and may include payment of meal expenses during authorized travel on a per diem allowance basis rather than itemized documentation;

    16. Pay necessary travel expenses and other related expenses of prospective employees for sponsored visits to the school district pursuant to a written policy specifying procedures containing documentation requirements equal to or greater than the requirements specified by law for state employees in the State Travel Reimbursement Act;

    17. Provide for employees' leaves of absence without pay;

    18. Exercise sole control over all the schools and property of the district, subject to other provisions of the Oklahoma School Code;

    19. Allow district-owned school buses to be used for transportation of students from other districts or educational institutions while within the district on educational tours. This shall not restrict the authority of the board to authorize any other use of such buses which may now be permitted by law or rule of the State Board of Education;

    20. Enter into contractual agreements with the board of trustees of a multicounty library system, as defined in Section 4-103 of Title 65 of the Oklahoma Statutes, a city-county library commission, as defined in Section 152 of Title 65 of the Oklahoma Statutes, or a rural single county library system, as defined in Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as may be mutually agreed, except no district board of education may enter into any agreement under which the library services for the school would be provided at any site other than the school site or which would result in library services that do not meet accreditation standards as required by law or rule;

    21. Perform all functions necessary to the administration of a school district in Oklahoma as specified in the Oklahoma School Code, and in addition thereto, those powers necessarily implied but not delegated by law to any other agency or official;

    22. Prepare and distribute at the expense of the school district any and all material which has the purpose of informing the public about district activities;

    23. Solicit and accept any gift, grant, or donation of money or property for the use of the school district. Any gift, grant, or donation of money may be deposited in the general fund or building fund of the school district; and

    24. Pay necessary meal and lodging expenses of school district students and sponsors involved in authorized school-sponsored cocurricular activities. The board of education shall establish a written policy for reimbursement of necessary meal and lodging expenses of school district students and sponsors. The written policy shall specify procedures, contain documentation requirements, and designate the funds from which reimbursement may be made. Reimbursement may be made from the General Fund. [2]

    		”

    Constraints on Oklahoma school boards' authority

    This section tracks constraints on school boards specific to Oklahoma as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Oklahoma school boards' authority by topic

    This section features constraints on school boards' authority on policies related to the following topics:

    Curriculum requirements

    Oklahoma requires the following specific topics to be included in each district's curriculum:[4]

    • necessary basic skills of learning and communication including reading, English, writing, and the use of numbers and science[5]
    • citizenship in the U.S., the state of Oklahoma, and other countries, the U.S. Constitution and the amendments, the ideals, history, and government of the U.S., other countries, and the state of Oklahoma through the study of principles of democracy[6]
    • AIDS prevention education[7]
    • social studies curriculum with instruction that reflects the racial, ethnic, religious, and cultural diversity of the U.S., including but not limited to African Americans, Native Americans, and Hispanic Americans[8]
    • personal financial literacy[9]
    • instruction in Oklahoma history, including the April 19, 1995, Oklahoma City bombing[10]
    • Holocaust education for grades 6-12[11]
    • the Civil Rights Movement[12]
    • physical education[13]
    • instruction in mental health, health education including physical health, social and emotional health, and intellectual health[14]

    Curriculum restrictions

    Oklahoma law prohibits instruction in public schools regarding certain race- or sex-based concepts. This includes the following topics listed in Oklahoma law:[15]

    “

    1. No teacher, administrator or other employee of a school district, charter school or virtual charter school shall require or make part of a course the following concepts:

    a.one race or sex is inherently superior to another race or sex,

    b.an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously,

    c.an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex,

    d.members of one race or sex cannot and should not attempt to treat others without respect to race or sex,

    e.an individual’s moral character is necessarily determined by his or her race or sex,

    f.an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex,

    g.any individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex, or

    h.meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race. [2]

    		”


    Oklahoma law also prohibits ebonics:[16]

    “

    Ebonics shall not be recognized as a language art and shall not be taught as a course or class in the public schools of the state for which a student receives credit or which is counted towards fulfilling graduation requirements. For purposes of this section, "Ebonics" means an Africanized form of English reflecting Black Americans' linguistic-cultural ties to their African heritage. Ebonics may also be known as Black English or Black dialect. [2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Oklahoma school boards do have the authority to remove books from school libraries. The Oklahoma Supreme Court ruled against the Superintendent of Public Instruction Ryan Walters (R) and the Oklahoma Department of Education on June 11, 2024, deciding that they overstepped their authority in forcing Edmond Public Schools to remove two novels from their libraries. The decision held that local school boards retained the discretion over what library materials fit their communities' standards.[18]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[19][20][21]

    Federal guidance


    Parental notification

    Oklahoma requires parental notification if the student is the victim of a crime.[23]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[24]

    Discipline

    See also: How does Oklahoma compare to other states on school board authority over disciplinary policy?

    Oklahoma is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of Oklahoma Statutes Title 70 § 24-100.4 is as follows:[25]

    “

    A. Each school district board of education shall adopt a policy for the discipline of all children attending public school in that district, and for the investigation of reported incidents of bullying. The policy shall provide options for the discipline of the students and shall define standards of conduct to which students are expected to conform. [2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Oklahoma, How does Oklahoma compare to other states on school board authority over election timing?

    Oklahoma is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Oklahoma.

    Public school choice and open enrollment

    See also: School choice in Oklahoma

    Oklahoma did not have a state-wide public school choice program, as of November 2024, but school boards must enter into transfer agreements with other surrounding districts, according to Idaho Statutes § 33-1403:[27]

    “

    A. Except as provided in subsection B of this section, on and after January 1, 2022, the transfer of a student from the district in which the student resides to another school district furnishing instruction in the grade the student is entitled to pursue shall be granted at any time in the year unless the number of transfers exceeds the capacity of a grade level for each school site within a school district. If the capacity of a grade level for each school site within a school district is insufficient to enroll all eligible students, the school district shall select transfer students in the order in which the district received the student transfer applications. The capacity of a school district shall be determined by the school district board of education based on its policy adopted pursuant to subsection B of this section. A student may be granted a one-year transfer and may automatically continue to attend the school each school year to which the student transferred with the approval of the receiving district. At the end of each school year, a school district may deny continued transfer of the student for the reasons outlined in paragraphs 1 and 2 of subsection B of this section. Any brother or sister of a student who transfers may attend the school district to which the student transferred, if the school district policy gives preference to sibling transfers regardless of capacity, and the brother or sister of the transferred student does not meet a basis for denial as outlined in paragraphs 1 and 2 of subsection B of this section. Any child in the custody of the Department of Human Services in foster care who is living in the home of a student who transfers may attend the school district to which the student transferred. Except for a child in the custody of the Department of Human Services in foster care, a transfer student shall not transfer more than two (2) times per school year to one or more school districts in which the student does not reside, provided that the student may always reenroll at any time in his or her school district of residence. At the discretion of the receiving district, a student who has attended a school district as a resident student for at least three (3) years prior to becoming eligible to apply as a transfer student may be allowed to transfer to the school district regardless of capacity.

    If the grade a student is entitled to pursue is not offered in the district where the student resides, the transfer shall be automatically approved.

    B. Each school district board of education shall adopt a policy to determine the number of transfer students the school district has the capacity to accept in each grade level for each school site within a school district no later than January 1, 2022. [2]

    		”

    Charter schools

    See also: Charter schools in Oklahoma, How does Oklahoma compare to other states on school board authority over charter schools?

    Oklahoma is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    According to Okla. Stat. tit. 70 § 3-134, all applications must first be submitted to the local board of education for approval:[28]

    “

    1. Beginning July 1, 2024, any application seeking to establish a charter school in this state shall be submitted first to the school district in which the proposed charter school is to be located. The school district board of education shall approve or deny the application within sixty (60) days of receipt of the application. If the charter school application is denied, nothing shall prohibit an applicant from submitting a revised application to the school district board of education, which shall approve or deny the revised application within sixty (60) days of receipt of the application.[2]

    		”

    Case law:
    The U.S. Supreme Court (SCOTUS) agreed on January 24, 2025, to hear a case regarding the constitutionality of a religious charter school that was approved in Oklahoma. The Oklahoma State Board of Education approved the charter school, named St. Isidore of Seville Catholic Virtual School, in 2023, but the Oklahoma Supreme Court blocked its creation in 2024.[29]

    Cellphone bans

    See also: How does Oklahoma compare to other states on cellphone laws?

    Oklahoma is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[30][31]

    Oklahoma school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, though school boards in Oklahoma have statutory authority to adopt and enforce disciplinary policy, the collective bargaining agreement between Tulsa Public Schools and the Tulsa Classroom Teachers Association (TCTA) allows schools to develop their own policies:[32]

    “

    When changes are needed in a building’s discipline plan, the principal will establish a committee to develop specific recommendations. The principal will consult with the TCTA building delegate(s) for teacher representation on the committee. The committee will seek consensus on the rules of conduct to govern student behavior at the local school level, within the provisions of Board Policy. In order to ensure consistency in the treatment of students, the committee will develop procedures for the individual teacher to follow in carrying out their responsibilities in student discipline. If a disagreement occurs concerning discipline rules and regulations and the procedures for following those rules and regulations, the principal will have the final responsibility in resolving the disagreement. The rules and regulations that have been developed by the committee and approved by the principal will be distributed annually to students and teachers as early in the school year as possible. [2]

    		”

    Parents' bill of rights

    See also: How does Oklahoma compare to other states on Parents' Bills of Rights?

    Oklahoma is one of 26 states that has a Parents' Bill of Rights.

    The law guarantees parents the rights, among others, to:

    • direct the upbringing, education, health care, and mental health of their children
    • consent to video or audio recording
    • consent to the collection of biometric information

    The text is as follows:[33]

    “

    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 decisions for the minor child, unless otherwise prohibited by law;

    6. The right to access and review all medical records of the minor child 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 video or voice recording of the minor child, unless the 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, 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 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 law enforcement personnel.

    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.

    Added by Laws 2014, c. 238, § 2, eff. Nov. 1, 2014. [2]

    		”


    How does Oklahoma compare to other states?

    This section compares Oklahoma's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[34]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Federal court temporarily blocks Oklahoma law banning instruction on race and sex (2024): The United States District Court for the Western District of Oklahoma ruled on June 14, 2024, to temporarily block enforcement of a 2021 law banning instruction on certain concepts related to race and sex in public schools. The lawsuit argued that the law censored classroom instruction and violated the First Amendment. The court granted a preliminary injunction to block enforcement of the law pending further litigation.[35]
    • Oklahoma legislature advances bill to alter sex education curriculum (2024): The Oklahoma House General Government Committee on February 20, 2024, passed a bill aimed at changing sex education curriculum in the state and requiring parents to opt their children into the curriculum. HB 3120 proposed requiring parents to provide written consent to opt children into sex education, as opposed to allowing parents to opt children out of sex education. The bill also proposed changing sex education requirements in public schools and requiring instruction promoting abstinence, the importance of monogamous and heterosexual marriage, and the idea that “reproductive roles are binary, stable, and unchangeable,” among other topics. It also proposed prohibiting instruction on contraceptives without emphasis on potential risks, consent, gender identity, and sexual orientation.[36][37]
    • Oklahoma governor signs executive order on diversity, equity, and inclusion (DEI) in state agencies and institutes for higher education (2023): Oklahoma Governor Kevin Stitt (R) signed Executive Order 2023-31 on December 13, 2023. The executive order mandated that state agencies and institutes for higher education could not use state funds, property, or resources to support diversity, equity, and inclusion programs; mandate DEI education; mandate a loyalty oath to any particular race, color, sex, ethnicity, or national origin; mandate any person to declare support or adherence to any particular political, philosophical, religious, or other ideological viewpoint; mandate a prospective employee to provide a DEI statement; or mandate any person to disclose their pronouns. In addition, the Executive Order instructed relevant entities to initiate a review of DEI-related positions, activities, and programs and consider eliminating or restructuring such programs by May 31, 2024.[38]
    • Oklahoma bill proposes online access to curriculum materials (2023): Oklahoma State Rep. Chad Caldwell (R) introduced HB 2077 on February 6, 2023, which proposed creating an online portal where citizens could access and review public school textbooks, library books, and other related content. A House committee declined to advance the bill on March 2, 2023.[39]
    • New Oklahoma law specifies bathroom use in public schools (2022): Oklahoma Governor Kevin Stitt (R) on May 25, 2022, signed a bill into law that proposed requiring transgender students to use the restroom that aligns with the sex on their birth certificates. SB 615 passed the House with a vote of 69-14 and the Senate by a vote of 38-7.[40][41] The law also proposed requiring schools to make a single-occupancy restroom or changing room available to students who do not feel comfortable using multiple-occupancy facilities. Parents and students under the law were encouraged to report to school officials any students they suspected of using the restroom not corresponding with the sex on their birth certificates.[42]

    See also

    Footnotes

    1. ↑ Justia.com, "2023 Oklahoma Statutes, Title 70. Schools, §70-5-106. Governing body of school district.," accessed November 13, 2024
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Casetext.com, "Okla. Stat. tit. 70 § 5-117," accessed November 7, 2024
    4. ↑ Casetext, "Article XI," accessed November 7, 2024
    5. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103. Courses for instruction - What to include.," accessed November 7, 2024
    6. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103. Courses for instruction - What to include.," accessed November 7, 2024
    7. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.3. AIDS prevention education - Curriculum and materials - Inspection by parents and guardians.," accessed November 7, 2024
    8. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.6b. Social studies curriculum and textbooks to reflect American diversity.," accessed November 7, 2024
    9. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.6h. Passport to Financial Literacy Act - Areas of instruction - Graduation requirement - Duties of Department of Education - Transfer students.," accessed November 7, 2024
    10. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.6i. State Board of Education – Adoption of Oklahoma City bombing to curriculum.," accessed November 7, 2024
    11. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.6o. Holocaust education for grades six through twelve.," accessed November 7, 2024
    12. ↑ Casetext, "2023 Oklahoma Statutes Title §70-11-103.6p. Civil rights curriculum.," accessed November 7, 2024
    13. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.9. Physical education programs required for accreditation.," accessed November 7, 2024
    14. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.13. Health education in public schools.," accessed November 7, 2024
    15. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-24-157. Mandatory gender or sexual diversity training or counseling prohibited – Certain race- or sex-based concepts prohibited from courses.," accessed November 11, 2024
    16. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-11-103.8. Teaching of ebonics as credit course prohibited.," accessed November 11, 2024
    17. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    18. ↑ Oklahoma Watch, "Supreme Court Rejects Education Department’s Attempt to Ban Books," accessed February 7, 2025
    19. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    20. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    21. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    22. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    23. ↑ Casetext, "2023 Oklahoma Statutes Title 25. Definitions and General Provisions §25-2002. Parental rights.," accessed November 7, 2024
    24. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    25. ↑ Casetext, "2023 Oklahoma Statutes Title 70 § 24-100.4," accessed November 11, 2024
    26. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    27. ↑ Casetext, "2023 Oklahoma Statutes Title 70. Schools §70-8-101.2. Transfer of student from residential school district.," accessed November 11, 2024
    28. ↑ Casetext.com, "Okla. Stat. tit. 70 § 3-134," accessed November 13, 2024
    29. ↑ https://www.nytimes.com/2025/01/24/us/supreme-court-oklahoma-religious-charter-school.html?searchResultPosition=2 The New York Times, "Supreme Court to Hear Oklahoma Religious Charter School Case," accessed January 28, 2025]
    30. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    31. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    32. ↑ Finalsite.net, "2024-2025 Master Contract: Tulsa Public Schools and the Tulsa Classroom Teachers Association," accessed November 11, 2024
    33. ↑ Justia, "§25-2002. Parental rights." Accessed July 8, 2025
    34. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    35. ↑ ACLU, "Federal Court Partially Halts Oklahoma's Classroom Censorship Law," June 17, 2024
    36. ↑ KOSU, "Oklahoma bill would change sex ed curriculum, make it opt-in," February 21, 2024
    37. ↑ State of Oklahoma, "House Bill 3120," accessed February 23, 2024
    38. ↑ Office of the Governor, State of Oklahoma, "Executive Order 2023-31," December 13, 2023
    39. ↑ Oklahoma Council of Public Affairs, "OKLAHOMA CURRICULUM-TRANSPARENCY EFFORT SHOT DOWN," accessed June 26, 2023
    40. ↑ Oklahoma Legislature, "Bill Information for SB 615," accessed on June 3, 2022
    41. ↑ Oklahoman, "Oklahoma's Gov. Stitt signs bill restricting school bathrooms to birth sex, effective immediately," May 25, 2022
    42. ↑ Washington Post, "Oklahoma just passed its third anti-trans bill of the year," May 23, 2022
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