State regents take public comment on new rule on gender, sexual diversity training

The regents soon will be accepting public comment on this proposed rule, which was written to comply with Oklahoma statute, specifically the controversial House Bill 1775.

This rule, like other administrative rules, would have to pass through the Legislature and the Governor’s Office before it could become permanent.

HB 1775 was passed in the 2021 legislative session. According to previous reporting from the Tulsa World, the law bans teaching that one race or one gender is inherently superior. It also prohibits causing a student to feel guilty or uncomfortable because of their race or gender, as well as teaching that anyone is inherently racist, sexist or oppressive, whether consciously or otherwise.

Most of the law is directed at primary and secondary education, but one section applies to institutions of higher education. It prohibits mandatory gender or sexual diversity training in Oklahoma institutes of higher education. It also prohibits any orientation or requirement that “presents” race or sex stereotyping or bias on the basis of race or sex.

Multiple lawsuits have been filed against the statute, including Black Emergency Response Team, et al. v. Drummond, et al. A partial preliminary injunction in that case was granted this June, which is why the new rule applies only to gender and sexual diversity training. The preliminary injunction prevents implementation of the part of the law about “presenting” race or sex stereotyping from being enforced while the lawsuit continues.

Some exceptions to the prohibition are included in the proposed rule. Institutions will still be allowed to have mandatory trainings to prevent harassment and sexual assault, as required by state or federal regulations.

Also, training or counseling can be imposed as part of a disciplinary process if a student has violated an institution’s code of conduct as it relates to sexual harassment or discrimination on the basis of sex or race. Training or counseling also will be allowed if it is required to establish or maintain eligibility for any federal grants or for retaining institutional or discipline-specific accreditation.

Institutions will be required to have a process for students to make complaints alleging violation of these rules. These complaints can be made only by students who are currently enrolled and personally subject to the rule violation.

The Oklahoma State Regents for Higher Education is a nine-member board over Oklahoma colleges and universities and the agencies that are related to higher education. The regents operate state grant and scholarship programs and sign off on any degree program changes for Oklahoma institutions.

Other rules considered by the regents in their Thursday meeting include an emergency rule to broaden the Oklahoma Tuition Aid Grant requirements to allow students with disabilities and some incarcerated students to have access to the grants. Another emergency rule was considered to revise submission requirements for the Oklahoma’s Promise program.

The Tulsa World is where your story lives