Oklahoma Gov. Stitt signed SB26, adding funding-cut and civil-liability penalties to the school transgender bathroom ban

On May 25, 2023, Oklahoma Governor Kevin Stitt signed Senate Bill 26 into law, amending the state's 2022 school-facilities statute (SB615, Chapter 323 of the 2022 Oklahoma Session Laws). The underlying law requires every K-12 public school and public charter school to designate each multiple-occupancy restroom and changing area for the exclusive use of one sex — defined by the sex listed on a student's original birth certificate — and directs schools to offer a single-occupancy accommodation to students who do not wish to comply. The effect is to bar transgender students from facilities that match their gender identity.

SB26 added statutory definitions and new enforcement teeth to that policy. It defines "sex" by original birth certificate, adds a locker-room access exception for coaches, and — most significantly — creates two enforcement mechanisms that did not previously exist: a 5% reduction in state funding for a public school district or charter school found to be noncompliant, and a private cause of action allowing a parent or guardian to bring suit against a district for noncompliance. Together these provisions add financial and civil-liability pressure designed to compel schools to enforce the facilities restriction.

SB26 passed the Oklahoma Senate 46-0 on March 7, 2023, passed the House 86-0 on April 27, 2023, and cleared the Senate on House amendments 46-0 on May 18, 2023 before Stitt approved it on May 25 with an emergency clause and a July 1, 2023 effective date. By tightening the definition of "sex" and routing enforcement through funding cuts and private lawsuits, the law directs Oklahoma public schools to treat transgender students differently on the basis of gender identity.