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.

HB 3138, known as the "Free to Speak Act," requires public schools and state higher education institutions in Oklahoma to respect biological sex (defined as observed at birth) regarding student and staff interactions. It prohibits employees from facing discipline for refusing to use names or pronouns inconsistent with a student's biological sex (without parental permission for minors) and bars schools from disciplining students who decline to use such names or pronouns. The bill allows individuals harmed by violations to pursue private lawsuits for damages, injunctions, or attorney fees within two years. It applies to all public K-12 schools and state colleges, effective November 1, 2026.