1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|SENATE BILL 1634 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; stating legislative | | intent; prohibiting the State Department of Education | 8| from accepting certain funds provided for certain | | purpose; directing the Department to review certain | 9| contracts and terminate any related to certain health | | care services or health centers or clinics; directing | 10| the Department, in certain consultation, to conduct a | | review of individualized education programs; | 11| directing removal of certain services from certain | | plans; directing certain evaluation of certain | 12| students; requiring review of certain school district | | and charter school contracts; directing termination | 13| of contracts related to certain health care services | | or health centers or clinics; providing for | 14| promulgation of rules; providing for noncodification; | | providing for codification; providing an effective | 15| date; and declaring an emergency. | | | 16| | | | 17| | | | 18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 19| SECTION 1. NEW LAW A new section of law not to be | | | 20|codified in the Oklahoma Statutes reads as follows: | | | 21| The Legislature finds and declares the following: | | | 22| 1. School-based services provided in accordance with the | | | 23|Individuals with Disabilities Education Act (IDEA) are intended | | | 24|exclusively for students with disabilities to ensure access to a | | | Req. No. 2301 Page 1 ___________________________________________________________________________
1|free appropriate public education (FAPE) for students with an | | | 2|individualized education program (IEP); | | | 3| 2. IDEA does not allow state legislators, the Superintendent of | | | 4|Public Instruction, the State Department of Education, school | | | 5|districts in this state, or the Oklahoma Health Care Authority to | | | 6|expand school-based services beyond the scope provided for in | | | 7|paragraph 1 of this section; | | | 8| 3. School-based health centers function as primary health care | | | 9|providers that operate on or off campus or via telehealth and fall | | | 10|outside the professional and academic scope of public education; | | | 11| 4. School-based health centers grant broad authority to | | | 12|school-based health care providers to conduct medical testing, | | | 13|administer treatment, and make medical decisions based on one-time | | | 14|parental consent without requiring the presence of a parent or legal | | | 15|guardian at the time testing is administered or treatment is | | | 16|provided; | | | 17| 5. Medical ethics and established health care practices | | | 18|prohibit physicians from treating minors without direct involvement | | | 19|from a parent or legal guardian, ensuring the prevention of power | | | 20|imbalances and safeguarding the rights of a parent or legal | | | 21|guardian; and | | | 22| 6. The Oklahoma Constitution does not establish a right to | | | 23|school-based health care; however, it explicitly defines the purpose | | | 24|of public schools in this state as academic instruction, independent | | | Req. No. 2301 Page 2 ___________________________________________________________________________
1|of sectarian control, with no provision for state-funded health care | | | 2|clinics. | | | 3| SECTION 2. NEW LAW A new section of law to be codified | | | 4|in the Oklahoma Statutes as Section 1-127 of Title 70, unless there | | | 5|is created a duplication in numbering, reads as follows: | | | 6| A. 1. The State Department of Education shall be prohibited | | | 7|from accepting federal funds including, but not limited to, block | | | 8|grants provided for the purpose of expanding school-based health | | | 9|care services or implementing school-based health centers or | | | 10|clinics. | | | 11| 2. The State Department of Education shall review all existing | | | 12|contracts entered into by the Department or the State Board of | | | 13|Education and terminate any related to expanding school-based health | | | 14|care services or implementing school-based health centers or | | | 15|clinics. | | | 16| B. The State Department of Education, in consultation with | | | 17|school districts in this state, shall conduct a comprehensive | | | 18|compliance review of all individualized education programs (IEPs) | | | 19|developed for students to ensure that any medical services provided | | | 20|in accordance with an IEP are educationally necessary. If an IEP | | | 21|contains medical services that are not educationally necessary, such | | | 22|services shall be removed and the student shall be evaluated to | | | 23|determine whether a Section 504 Plan developed pursuant to the | | | 24|Rehabilitation Act of 1973 is more appropriate. | | | Req. No. 2301 Page 3 ___________________________________________________________________________
1| C. School district boards of education or charter school | | | 2|governing boards in this state shall review all existing contracts | | | 3|and shall terminate any related to expanding school-based health | | | 4|care services or implementing school-based health centers or | | | 5|clinics. | | | 6| D. The State Board of Education may promulgate rules to | | | 7|implement the provisions of this section. | | | 8| SECTION 3. This act shall become effective July 1, 2026. | | | 9| SECTION 4. It being immediately necessary for the preservation | | | 10|of the public peace, health, or safety, an emergency is hereby | | | 11|declared to exist, by reason whereof this act shall take effect and | | | 12|be in full force from and after its passage and approval. | | | 13| | | | 14| 60-2-2301 EB 1/13/2026 6:55:36 PM | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 2301 Page 4