BILL NO. 626††††††††††††††††††††††††† By:† Bullard of the Senate
†††††††††††††††††††††††††††††††††††††††††† Randleman of the House
An Act relating to students; allowing the parent or legal guardian of a student to disclose to a school whether the student has received certain mental health services from certain facility within certain time period; defining term; requiring designated school personnel to hold certain meeting within certain time period after disclosure to determine whether accommodations are needed; requiring certain disclosure to comply with certain acts; providing for promulgation of rules; amending 43A O.S. 2021, Section 5-513, which relates to discharge plans of certain minors; requiring certain notification upon discharge of minor from certain treatment; providing for codification; providing an effective date; and declaring an emergency.
SUBJECT:† Mental health of students
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.†††† NEW LAW†††† A new section of law to be codified in the Oklahoma Statutes as Section 3-169 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.† Beginning with the 2023-2024 school year, prior to enrollment the parent or legal guardian of a student may disclose to the studentís resident district, as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, if the student has received inpatient or emergency outpatient mental health services from a mental health facility in the previous twenty-four (24) months.† For the purposes of this section, ďmental health facilityĒ shall have the same meaning as Section 5-502 of Title 43A of the Oklahoma Statutes.
B.† If a disclosure provided for in subsection A of this section occurs, designated school personnel, which may include members of the individualized education program (IEP) team, shall meet with the parent or legal guardian of the student and representatives of the mental health facility prior to enrollment to determine whether the student is in need of any accommodations including but not limited to an IEP in accordance with the Individuals with Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the Rehabilitation Act of 1973.† The meeting required by this section may take place in person, via teleconference, or via videoconference.
C.† The disclosure and subsequent handling of personal health information and related student education records pursuant to this section shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
D.† The State Board of Education shall promulgate rules to implement the provisions of this section.
SECTION 2.†††† AMENDATORY†††† 43A O.S. 2021, Section 5-513, is amended to read as follows:
Section 5-513.† A.† Within ten (10) days after the admission of a
minor for inpatient treatment, the person in charge of the facility in which
the minor is being treated shall ensure that an individualized treatment plan
has been prepared by the person responsible for the treatment of the
minor.† The minor shall be involved in
the preparation of the treatment plan to the maximum extent consistent with the
ability of the minor to understand and participate.† The parent or legal c
The facility shall discharge the minor when appropriate facility medical
staff determine the minor no longer meets the admission or commitment
criteria.† If not previo
Prior to the discharge of the minor from inpatient treatment, a
discharge plan for the minor shall be prepared and explained to the minor and
the parent or the person responsible for the supervision of the case.† The plan shall include
, but not be
The services required by the minor in the community to meet the needs of
the minor for treatment, education, ho
2.† Identification of the public or private agencies that will be involved in providing treatment and support to the minor;
3.† Information regarding medication which should be prescribed to the minor; and
4.† An appointment for follow-up outpatient treatment and medication management.
D.† Upon the discharge of the minor from inpatient treatment, a designee of the facility shall inform the parent or person responsible for the supervision of the case of the importance of disclosing the mental health needs of the minor to the minorís resident school district as provided for in Section 1 of this act including disclosure in whole or in part of the minorís discharge plan prepared pursuant to subsection C of this section as appropriate and consistent with applicable law.
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 Senate the 9th day of May, 2022.
†††††††††††††††††††††††††††††††††††† Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2022.
††††††††††††††††††††††††††††††††††††† Presiding Officer of the House
††††††††††††††††††††††††††††††††††††††††††††††††† of Representatives