Schools; requiring a child to be toilet trained prior to enrolling in prekindergarten beginning in certain school year. Effective date. Emergency.
Summary
SB 382 amends Oklahoma’s school attendance law to add a new prekindergarten enrollment requirement beginning with the 2025-2026 school year: a child must be toilet trained before enrolling in prekindergarten. When a parent or legal guardian enrolls a child, they must provide an assurance on a form prescribed by the State Department of Education that the child is toilet trained. The bill also directs the Department to create a process for school districts to follow if a prekindergarten student is found not to be toilet trained.
Under that process, districts may temporarily unenroll the child until toilet training is achieved, refer families to supports and resources, and allow a parent, guardian, or designee to assist with toilet training. The bill defines “not toilet trained” as three or more documented incidents of soiling or urinating over a four-week period. It also creates an exemption for children who cannot be toilet trained because of a disability covered by an IEP or Section 504 plan. The bill takes effect July 1, 2025, and contains an emergency clause.
Impact
The bill changes 70 O.S. 2021, Section 1-114, which governs the right to attend school, early childhood program eligibility, and related enrollment rules. Its main legal effect is to add a statewide prekindergarten readiness standard tied to toilet training, along with a required parental assurance and a district-level response procedure for noncompliance. It also preserves existing age-based enrollment rules for kindergarten and first grade, and leaves in place provisions on early childhood transfers, tuition for nonresident students, and ad valorem tax credits, while updating statutory language and adding a disability-based exemption.
Sentiment
The voting history suggests the bill had majority support but was not unanimous. It passed the Senate committee 11-1 and the Senate floor 43-1, indicating strong support in the Senate. In the House, however, the bill received a 3-8 vote on a “do pass as amended by CS” motion, suggesting more resistance or disagreement at the committee stage there. No committee transcripts were provided, so the record shows support overall but with some notable opposition in the House committee process.
Contention
The likely points of contention are the practical and policy implications of requiring toilet training for prekindergarten enrollment, including whether districts should be able to temporarily unenroll children who are not toilet trained and how strictly the standard should be enforced. Another likely issue is the burden on families and schools, especially for younger children who may not yet be developmentally ready. The bill’s disability exemption appears intended to address concerns about children with IEPs or Section 504 plans, but the House committee vote suggests there may still have been disagreement about implementation, enforcement, or the broader appropriateness of the requirement.