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SB 382

Schools; requiring a child to be toilet trained prior to enrolling in prekindergarten beginning in certain school year. Effective date. Emergency.

2026 Regular Session Introduced by David Bullard and 1 co-sponsor

Beginning 2025-26, preK enrollment requires toilet training, with district forms and a state process for not-toilet-trained students, exemptions for certain disabilities.

Withdrawn from Education Oversight, Direct to Calendar
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Bill Summary · SB 382

Summary of SB 382 (Oklahoma, 2026)

Purpose and intent

  • Establishes a new requirement starting in the 2025-2026 school year that a child must be toilet trained prior to enrolling in prekindergarten.
  • Aims to regulate prekindergarten enrollment by requiring parent/guardian assurances and creating a state-created process to handle cases where a child is not toilet trained.
  • Includes exemptions for certain students (notably those with disabilities).

Key provisions and changes

  • Toilet training prerequisite

    • Beginning with the 2025-2026 school year, a child must be toilet trained before enrolling in prekindergarten.
    • Parents/guardians must provide assurances of toilet training on a form prescribed by the State Department of Education (SDE) when enrolling in the district of residence or a district to which they transfer under the Education Open Transfer Act.

  • SDE process for not-toilet-trained students

    • The SDE must create a formal process for districts to follow if a student enrolling in prekindergarten is not toilet trained.
    • Definition: “Not toilet trained” means three or more documented incidents of soiling or urinating during a four-week period.
    • District actions under the process may include:
    • Temporarily unenrolling the child until toilet trained and then reintegrating the child.
    • Referring the child’s family to supports/resources to assist with toilet training.
    • Allowing a parent/guardian or designee to assist with toilet training as needed.

  • Disability-related exemption

    • Students who are incapable of toilet training prior to enrollment due to a disability that would be recognized by an IEP under IDEA or a Section 504 Plan under the Rehabilitation Act are exempt from this toilet-training requirement.

  • Tuition and admission rules for nonresident/nontransferred students

    • Nonresident or nontransferred students may be required to pay a tuition fee equal to the per-pupil cost of education for the preceding year, paid in advance (yearly or by semester).
    • If a district enrolls a nonresident student without prior payment, state aid funds may be withheld until tuition is paid.
    • Exceptions exist for districts enrolling nonresident students from contiguous, out-of-state districts if the receiving district does not receive state aid funds and has higher-than-state-average per-pupil expenditure.
    • Nonresident students from out-of-state districts are generally not eligible for State Aid.

  • Credits for ad valorem taxes

    • Parents/guardians paying ad valorem taxes in another district may enroll a child in a district where those taxes are paid and receive a credit on the nonresident tuition up to the amount of the tuition, not to exceed the total tuition required.

  • Effective date and emergency

    • Effective date: July 1, 2025.
    • The bill includes an emergency clause, making it take effect immediately upon passage and approval for purposes of public peace, health, or safety.

Who is affected

  • Public school districts and the Oklahoma State Department of Education (SDE):
    • Must implement the new toilet-training requirement for prekindergarten enrollment.
    • Must administer the new parent- or guardian-assurance form and follow the SDE-created process for not-toilet-trained students.
  • Parents/guardians of children eligible for prekindergarten:
    • Must provide assurances of toilet training on the prescribed form when enrolling.
    • May be guided or assisted by districts or state resources through the new process.
  • Students:
    • Prekindergarten students will be subject to the toilet-training prerequisite (with disability exemptions).
  • Nonresident/nontransferred students:
    • Tuition and funding rules apply; potential impacts on state aid and inter-district funding.

Procedural and timeline aspects

  • Start of policy: 2025-2026 school year for the toilet-training requirement.
  • Administrative actions:
    • SDE to create enrollment-assurance forms and a formal process for handling not-toilet-trained cases.
    • Districts to implement temporary unenrollment, reintegration, and referrals as needed under the process.
  • Funding and enrollment mechanics:
    • Tuition payment requirements for nonresident/nontransferred students.
    • State aid handling related to unpaid tuition (potential withholdings).
  • Emergency status:
    • The bill is designated as an emergency measure, indicating it is intended to be in effect promptly after passage.

Compiled from official sources — confirm details with the bill’s official record.

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