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Oklahoma Legislature· SB 702Second Reading referred to Education

An act relating to schools, the official text

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1                  STATE OF OKLAHOMA

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2                  1st Session of the 60th Legislature (2025)

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3 SENATE BILL 702  By: Deevers
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4

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5                  AS INTRODUCED

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6   An Act relating to schools; amending 70 O.S. 2021,

6   Sections 11-103.12 and 11-103.13, which relate to the

7   Health Education Act; updating statutory references;

7   updating statutory language; modifying purpose of

8   act; defining terms; modifying topics to be included

8   in health education; modifying duties of the State

9   Department of Education in implementing the Health

9   Education Act; prohibiting health education from

10  being integrated into existing subjects; directing

10  the State Department of Education to review, and the

11  State Board of Education to approve, curricula,

11  materials, supplementary materials, tests, surveys,

12  and questionnaires; requiring school districts to use

12  approved curricula, materials, tests, surveys, and

13  questionnaires; requiring school district boards of

13  education to electronically submit certain annual

14  report to the State Department of Education;

14  providing for contents of report; directing the State

15  Board of Education to establish certain process to

15  receive written complaints of violations; allowing

16  the Board to report certain school district as

16  deficient upon finding of violation; amending Section

17  1, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2024,

17  Section 24-159), which relates to mental health

18  crisis protocols; updating statutory reference;

18  removing language providing for certain review of

19  protocols and working agreements; repealing 70 O.S.

19  2021, Sections 11-103.9b and 24-158, as amended by

20  Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp.

20  2024, Section 24-158), which relate to Maria's Law

21  and the Oklahoma Prevention Needs Assessment Survey;

21  providing an effective date; and declaring an

22  emergency.

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    Req. No. 1284                                              Page 1
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2   SECTION 1.     AMENDATORY     70 O.S. 2021, Section 11-103.12,

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3 is amended to read as follows:
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4   Section 11-103.12. A. Sections 1 11-103.12 through 3 11-103.14

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5 of this act title shall be known and may be cited as the "Health
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6 Education Act".
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7   B. The purpose of this act the Health Education Act is to:

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8   1. Ensure provide students receive instruction in with the

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9 skills and knowledge in physical health, particularly at an early
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10 age when habits are formed;
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11  2. Support the health and well-being of children that have been

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12 affected by traumatic experiences;
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13  3. Improve academic outcomes for students; and

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14  4. Improve the overall health outcomes of Oklahoma's population

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15 exercise, and nutrition they need to be healthy throughout their
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16 lives, provide parents and legal guardians with informed consent,
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17 and provide school districts in this state with health education
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18 guidance.
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19  C. As used in the Health Education Act:

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20  1. "Benchmark" means the identification of what a student will

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21 know and be able to demonstrate by the end of each grade level;
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22  2. "Health education" means providing students with knowledge

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23 and skills they need to be healthy throughout their lives by
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24 including motivation for students to maintain and improve their
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    Req. No. 1284                                        Page 2
1 health by way of nutrition, physical exercise, and physical
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2 activities;
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3   3. "Informed consent" means voluntary written consent from a

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4 person who received full, accurate, and sufficient information and
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5 explanation about a student's medical condition, medication, and
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6 treatment to enable the person to make a knowledgeable decision
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7 without being subjected to deceit or coercion;
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8   4. "Nutrition" means the total processes involved in the taking

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9 in and utilization of food substances by which growth, repair, and
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10 maintenance of the body are accomplished; and
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11  5. "Standard" means an objective general statement that

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12 identifies what the student is expected to achieve.
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13  D. The State Board of Education may promulgate rules to

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14 implement the provisions of this act the Health Education Act.
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15  SECTION 2.     AMENDATORY      70 O.S. 2021, Section 11-103.13,

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16 is amended to read as follows:
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17  Section 11-103.13. A. Health education shall be taught in the

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18 public schools of this state. Health education shall include but is
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19 not be limited to physical:
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20  1. Physical health, mental health, social and emotional health

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21 and intellectual health not to include sex education or gender
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22 theory;
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23  2. Physical exercise;

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24  3. Physical activities; and

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    Req. No. 1284                                              Page 3
1   4. Nutrition.

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2   B. By the 2022-2023 2025-2026 school year, the State Department

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3 of Education shall:
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4   1. Develop a micro-credential for teachers who are assigned the

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5 responsibility of teaching health education; and standards and
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6 benchmarks for:
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7   a. physical health, not to include sex education or

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8                  gender theory,

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9   b. physical exercise,

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10  c. physical activities, and

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11  d. nutrition; and

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12  2. Develop professional development programs that are designed

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13 to help teachers provide instruction in physical health education
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14 and incorporate the curriculum into existing coursework and
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15 instruction where appropriate, physical exercise, physical
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16 activities, and nutrition. The professional development provided as
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17 part of this act the Health Education Act shall not be construed to
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18 be in addition to existing professional development requirements.
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19  C. By the 2023-2024 2025-2026 school year, school districts

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20 shall provide instruction addressing all health education subject
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21 matter standards, as adopted by the State Board of Education
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22 pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes
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23 this title. Health education may be integrated into one or more
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24 existing subjects or provided as an addition to existing coursework.
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    Req. No. 1284                                               Page 4
1   D. Teachers assigned to teach health education as a stand-alone

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2 course shall be certified in physical and health education. The
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3 State Department of Education is authorized to issue a provisional
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4 certificate, valid for not more than two (2) years, to individuals
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5 assigned to teach a stand-alone health education course in order to
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6 afford the individual the opportunity to obtain certification in
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7 physical and health education.
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8   E. The State Department of Education shall review, and the

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9 State Board of Education shall approve, all digital and hard copies
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10 of curricula, materials, supplementary materials, tests, surveys,
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11 and questionnaires related to implementation of the Health Education
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12 Act. For statewide consistency, transparency, and accountability,
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13 all public school districts in this state shall use Board-approved
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14 curricula, materials, supplementary materials, tests, surveys, and
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15 questionnaires.
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16  F. The State Textbook Committee shall include a review of

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17 health and physical education instructional materials as part of its
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18 textbook review and adoption cycle.
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19  G. By July 1, 2027, and by each July 1 thereafter, school

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20 district boards of education in this state shall electronically
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21 submit a report to the State Department of Education describing the
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22 implementation of the instruction and curriculum required by the
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23 Health Education Act during the previous year.
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    Req. No. 1284                                  Page 5
1   H. The State Board of Education shall establish a process by

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2 which individuals in this state who believe a school district has
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3 committed a violation of the Health Education Act may submit a
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4 written complaint to the Board. Upon a finding by the Board that a
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5 school district has committed a violation of the Health Education
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6 Act, the Board may report the school district as deficient on its
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7 accreditation report for the following year.
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8   SECTION 3.     AMENDATORY  Section 1, Chapter 281, O.S.L.

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9 2022 (70 O.S. Supp. 2024, Section 24-159), is amended to read as
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10 follows:
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11  Section 24-159. A. Each public school district shall maintain

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12 a protocol for responding to students in mental health crisis with
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13 the goal of preventing student suicide, self-harm, and harm to
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14 others.
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15  1. The protocol shall be developed, maintained, and implemented

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16 in partnership with one or more local mental health treatment
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17 providers certified by the Department of Mental Health and Substance
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18 Abuse Services. At least one provider partner shall have:
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19           a. the ability to serve all school-aged children

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20                 regardless of insurance status, and

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21           b. the ability and certification to provide mental health

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22                 crisis services in the region where students attend

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23                 school.

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    Req. No. 1284                                              Page 6
1   2. Any organization certified by the state as a community

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2 mental health center as defined in Section 3-302 of Title 43A of the
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3 Oklahoma Statutes or a Certified Community Behavioral Health Clinic
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4 shall serve as a school partner if requested by a school district
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5 located in its state-designated service area.
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6   B. The protocol for responding to mental health crises shall,

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7 at a minimum:
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8   1. Provide a definition of mental health crisis involving

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9 potential for harm to self or others;
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10  2. Document how mental health crises may be identified by

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11 school administrators, teachers, support employees, and school-based
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12 mental health professionals;
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13  3. Outline nonpunitive steps to safeguard student health and

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14 safety in response to an immediate or potential mental health
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15 crisis;
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16  4. Identify local treatment providers and resources available

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17 to support students and families in mental health crisis and ensure
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18 appropriate referrals to treatment;
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19  5. Outline a process for ensuring parent and caregiver

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20 notification and involvement during an actual or potential mental
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21 health crisis; and
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22  6. Document how student privacy will be protected in compliance

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23 with applicable state and federal laws.
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    Req. No. 1284                                           Page 7
1   C. If a student who is under eighteen (18) years of age is

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2 identified as being in or at risk of a mental health crisis, the
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3 school shall inform the parent or legal guardian of the student and
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4 offer the treatment referral information contained in the protocol.
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5 Parent or legal guardian consent shall be required for any
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6 subsequent action taken by the school as part of the protocol except
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7 in cases of immediate and life-threatening danger to self or others.
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8   D. All protocols developed by school districts and partner

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9 organizations shall comply with the Health Insurance Portability and
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10 Accountability Act (HIPAA) of 1996 and Family Educational Rights and
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11 Privacy Act of 1974 (FERPA) privacy requirements.
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12  E. School administrators, teachers, support employees, and

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13 school-based mental health providers shall be provided ready access
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14 to and regular training on the protocol.
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15  F. A working agreement shall be signed by the school district

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16 board of education and each identified mental health provider
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17 partner outlining all obligations of the parties under the
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18 established protocol and a strategy for regularly reviewing its
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19 effectiveness using anonymous, nonidentifiable data.
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20  G. Not less than every two (2) years, the school district and

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21 its mental health provider partners shall jointly review the
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22 protocol and working agreements and consider any updates necessary
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23 to better meet the needs of students. School districts and mental
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24 health provider partners shall include in their review process
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    Req. No. 1284                                              Page 8
1 information gathered from the Oklahoma Prevention Needs Assessment
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2 Survey or an alternative survey, as provided for in Section 24-158
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3 of Title 70 of the Oklahoma Statutes.
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4       H. Each school district shall submit the latest protocol and

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5 working agreements to the State Department of Education, which shall
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6 share the protocols and agreements with the Department of Mental
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7 Health and Substance Abuse Services. These agencies may require
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8 revisions to ensure compliance with applicable laws, regulations,
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9 and established evidence-based practices.
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10      I. H. The Department of Mental Health and Substance Abuse

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11 Services and the State Department of Education shall provide
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12 technical assistance to school districts and their provider partners
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13 by:
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14      1. Making available an optional template protocol which

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15 satisfies the provisions of this section;
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16      2. Making available an optional template working agreement

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17 which can be adopted by schools and provider partners;
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18      3. Providing school districts with lists of local public and

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19 private treatment providers eligible to serve as partners in the
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20 development and maintenance of a protocol;
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21      4. Providing information on any available mental health crisis

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22 phone line;
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23      5. Making available information on evidence-based practices for

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24 meeting the mental health needs of students; and
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    Req. No. 1284                                          Page 9
1   6. Providing ongoing assistance and consultation as requested

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2 by a school district.
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3   J. I. The Board of Mental Health and Substance Abuse Services

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4 and the State Board of Education may promulgate rules as necessary
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5 to ensure compliance with this section.
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6   K. J. Nothing in this section shall be construed to create,

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7 establish, expand, reduce, contract, or eliminate any civil
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8 liability on the part of any school or school employee.
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9   SECTION 4.     REPEALER  70 O.S. 2021, Sections 11-103.9b and

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10 24-158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S.
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11 Supp. 2024, Section 24-158), are hereby repealed.
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12  SECTION 5. This act shall become effective July 1, 2025.

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13  SECTION 6. It being immediately necessary for the preservation

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14 of the public peace, health, or safety, an emergency is hereby
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15 declared to exist, by reason whereof this act shall take effect and
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16 be in full force from and after its passage and approval.
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    Req. No. 1284                                             Page 10
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