Oklahoma 2026 Regular Session

Oklahoma House Bill HB3138

Introduced
2/2/26  

Caption

Schools; public schools; students; higher education; prohibiting certain name usage; pronouns; prohibiting adverse employment action; prohibiting student disciplinary action; private cause of action; legal remedies; limitations; effective date.

Impact

The implementation of HB3138 would significantly impact existing state laws concerning student rights and school policies. By explicitly identifying conditions under which school staff can interact with students, this bill may reshape the way educational institutions handle gender identity and expression. It allows for disciplinary measures against students who refuse to comply and protects employees from repercussions if they choose not to use names or pronouns inconsistent with biological sex. This provision could potentially lead to a reduction in support for students who identify with a gender different from their biological sex, raising concerns from various advocacy groups.

Summary

House Bill 3138, known as the 'Free to Speak Act', is designed to establish specific regulations surrounding the treatment of students in public schools and state institutions of higher education in Oklahoma. The bill prohibits school employees from addressing students by any name other than their legal name or using pronouns that differ from the student's biological sex unless explicit written consent is provided by the student's parent or guardian. This legislation recognizes the role of parents in determining how their children are addressed in educational settings and aligns with certain ideological beliefs regarding gender identity and expression.

Contention

Prominent points of contention surrounding HB3138 include debates over individual rights versus parental rights, as well as the implications of restricting personal identification in educational environments. Critics argue that the bill undermines the autonomy and identities of transgender and non-binary students, potentially leading to emotional and psychological harm. Proponents claim it seeks to protect children from being coerced into conformity with alternate gender identities and reinforces parental authority in educational contexts. The bill's language and intent have sparked heated discussions about the intersection of education, human rights, and societal norms.

Companion Bills

No companion bills found.

Previously Filed As

OK SB408

Higher education; prohibiting certain institutions from taking certain actions due to a student's pregnancy. Effective date. Emergency.

OK HB1361

Schools; definitions; prohibiting school personnel and students from requesting and using certain pronouns or alternate names in certain situations; effective date; emergency.

OK SB591

Education; creating the Free to Speak Act; prohibiting public school and certain institution of higher learning employees from addressing certain students in certain manner. Effective date. Emergency.

OK SB744

Labor; prohibiting employers from taking certain adverse actions against certain employees. Effective date. Emergency.

OK HB1327

Schools; prohibiting certain students from participating in school curriculum or activities; effective date.

OK SB1115

Nuisances; prohibiting certain acts from being deemed public nuisance; clarifying applicable remedies in certain civil actions. Effective date.

OK SB1001

Corporation Commission; prohibiting certain public utilities from taking certain actions relating to advertising. Effective date.

OK HB1429

Environment; prohibiting certain actions; emergency.

OK SB959

Health care; granting certain rights and protections to health care institutions and payors; prohibiting certain discrimination and adverse actions. Effective date.

OK SB1030

Prescription drug pricing; prohibiting certain action. Effective date.

Similar Bills

No similar bills found.