ENROLLED HOUSE
BILL NO. 4106 By: Vancuren, Lawson, and Frix of the House
and
Pemberton
and Kirt of the Senate
An Act relating to schools; requiring school districts to
maintain protocol for responding to students in mental health crisis; directing
protocol to be developed, maintained, and implemented in certain partnership;
prescribing provider requirements; listing minimum requirements for protocol;
requiring notification of a parent or legal guardian if student under certain
age receives certain identification; requiring consent from a parent or legal
guardian for certain actions except in emergencies; prescribing compliance with
certain federal laws; providing for ready access and regular training on
protocol; requiring working agreement between the school district and provider;
providing for review of protocol effectiveness; establishing frequency for
review and consideration of updates; directing submission of protocol and
working agreement to the State Department of Education; directing sharing of
protocols and agreements with the Department of Mental Health and Substance
Abuse Services; authorizing agencies to provide revisions to protocol;
directing agencies to provide technical assistance; providing certain
construction; amending 70 O.S. 2021, Section 24-158, which relates to the
Oklahoma Prevention Needs Assessment Survey; requiring prior written
notification to parents and legal guardians of students to be administered
certain survey; providing for notification of opt out; directing submission of
survey prior to administration; providing for codification; providing an
effective date; and declaring an emergency.
SUBJECT: Schools
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 24-159 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Each public school
district shall maintain a protocol for responding to students in mental health
crisis with the goal of preventing student suicide, self-harm, and harm to
others.
1. The protocol shall be
developed, maintained, and implemented in partnership with one or more local
mental health treatment providers certified by the Department of Mental Health
and Substance Abuse Services. At least
one provider partner shall have:
a. the
ability to serve all school-aged children regardless of insurance status, and
b. the
ability and certification to provide mental health crisis services in the
region where students attend school.
2. Any organization
certified by the state as a community mental health center as defined in
Section 3-302 of Title 43A of the Oklahoma Statutes or a Certified Community
Behavioral Health Clinic shall serve as a school partner if requested by a
school district located in its state-designated service area.
B. The protocol for
responding to mental health crises shall, at a minimum:
1. Provide a definition
of mental health crisis involving potential for harm to self or others;
2. Document how mental
health crises may be identified by school administrators, teachers, support
employees, and school-based mental health professionals;
3. Outline nonpunitive
steps to safeguard student health and safety in response to an immediate or
potential mental health crisis;
4. Identify local
treatment providers and resources available to support students and families in
mental health crisis and ensure appropriate referrals to treatment;
5. Outline a process for
ensuring parent and caregiver notification and involvement during an actual or
potential mental health crisis; and
6. Document how student
privacy will be protected in compliance with applicable state and federal laws.
C. If a student who is
under eighteen (18) years of age is identified as being in or at risk of a
mental health crisis, the school shall inform the parent or legal guardian of
the student and offer the treatment referral information contained in the
protocol. Parent or legal guardian
consent shall be required for any subsequent action taken by the school as part
of the protocol except in cases of immediate and life-threatening danger to self
or others.
D. All protocols developed
by school districts and partner organizations shall comply with the Health
Insurance Portability and Accountability Act (HIPAA) of 1996 and Family
Educational Rights and Privacy Act (FERPA) privacy requirements.
E. School administrators,
teachers, support employees, and school-based mental health providers shall be
provided ready access to and regular training on the protocol.
F. A working agreement
shall be signed by the school district board of education and each identified
mental health provider partner outlining all obligations of the parties under
the established protocol and a strategy for regularly reviewing its effectiveness
using anonymous, nonidentifiable data.
G. Not less than every
two (2) years, the school district and its mental health provider partners
shall jointly review the protocol and working agreements and consider any
updates necessary to better meet the needs of students. School districts and mental health provider
partners shall include in their review process information gathered from the
Oklahoma Prevention Needs Assessment Survey or an alternative survey, as provided
for in Section 24-158 of Title 70 of the Oklahoma Statutes.
H. Each school district
shall submit the latest protocol and working agreements to the State Department
of Education, which shall share the protocols and agreements with the
Department of Mental Health and Substance Abuse Services. These agencies may require revisions to
ensure compliance with applicable laws, regulations, and established
evidence-based practices.
I. The Department of
Mental Health and Substance Abuse Services and the State Department of
Education shall provide technical assistance to school districts and their
provider partners by:
1. Making available an
optional template protocol which satisfies the provisions of this section;
2. Making available an
optional template working agreement which can be adopted by schools and
provider partners;
3. Providing school
districts with lists of local public and private treatment providers eligible
to serve as partners in the development and maintenance of a protocol;
4. Providing information
on any available mental health crisis phone line;
5. Making available
information on evidence-based practices for meeting the mental health needs of
students; and
6. Providing ongoing
assistance and consultation as requested by a school district.
J. The Board of Mental Health
and Substance Abuse Services and the State Board of Education may promulgate
rules as necessary to ensure compliance with this section.
K. Nothing in this
section shall be construed to create, establish, expand, reduce, contract, or
eliminate any civil liability on the part of any school or school employee.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 24-158, is amended to read as follows:
Section 24-158. A. The "Oklahoma Prevention Needs
Assessment Survey" means the biennial mental health prevention survey of
public school students in grades six, eight, ten, and twelve managed by
the Department of Mental Health and Substance Abuse Services.
B. Beginning in the
2022-2023 school year, and biennially thereafter, public schools shall
administer the Oklahoma Prevention Needs Assessment Survey, or an alternative
survey as provided in subsection D of this section, for the purpose of
providing direction to schools, school districts, and communities to
effectively improve the lives of students regarding a variety of issues with a
focus on alcohol, tobacco, other drug use, mental health, academic failure,
and violence.
C. The Department of
Mental Health and Substance Abuse Services shall maintain the Oklahoma
Prevention Needs Assessment Survey and shall provide technical assistance for
schools in survey administration, reporting, planning, and development
of school mental health prevention and intervention strategies informed by the
survey results.
D. If a school or school
district chooses to administer an alternative survey or assessment tool to
fulfill the purpose described in subsection B of this section, it may apply for
a waiver through the Department of Mental Health and Substance Abuse Services.
E. The school district
superintendent or his or her designee shall provide prior written notification
to the parents or legal guardians of students to be administered the Oklahoma
Prevention Needs Assessment Survey or an alternative survey or assessment tool
adopted pursuant to subsection D of this section. The notification shall include information to
parents and legal guardians that they may opt their student out of the survey
or assessment tool by providing written notice to the school district.
F. Prior to the biennial
administration of the Oklahoma Prevention Needs Assessment Survey, the
Department of Mental Health and Substance Abuse Services shall submit the
survey to the President Pro Tempore of the Oklahoma State Senate, the Speaker
of the Oklahoma House of Representatives, the chairs of the committees with
responsibility over common education in both houses of the Legislature, and the
chairs of the committees with responsibility over public health in both houses
of the Legislature.
G. The provisions of this section shall be
subject to the availability of federal funding.
If federal funding is insufficient to provide the Oklahoma Prevention
Needs Assessment Survey to public schools on a biennial basis, administration
of the survey shall not be required.
F. H. The Board of Mental Health and Substance
Abuse Services and the State Board of Education may promulgate rules as
necessary to carry out the provisions of this section.
SECTION 3.
This act shall become effective July 1, 2022.
SECTION 4.
It being immediately necessary for the preservation of the public peace,
health or safety, an emergency is hereby
declared to
exist, by reason whereof this act shall take effect and be in full force from
and after its passage and approval.
Passed the House of Representatives the 12th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________