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, |
| Sections 11-103.12 and 11-103.13, which relate to the |
7| Health Education Act; updating statutory references; |
| updating statutory language; modifying purpose of |
8| act; defining terms; modifying topics to be included |
| in health education; modifying duties of the State |
9| Department of Education in implementing the Health |
| Education Act; prohibiting health education from |
10| being integrated into existing subjects; directing |
| the State Department of Education to review, and the |
11| State Board of Education to approve, curricula, |
| materials, supplementary materials, tests, surveys, |
12| and questionnaires; requiring school districts to use |
| approved curricula, materials, tests, surveys, and |
13| questionnaires; requiring school district boards of |
| education to electronically submit certain annual |
14| report to the State Department of Education; |
| providing for contents of report; directing the State |
15| Board of Education to establish certain process to |
| receive written complaints of violations; allowing |
16| the Board to report certain school district as |
| deficient upon finding of violation; amending Section |
17| 1, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2024, |
| Section 24-159), which relates to mental health |
18| crisis protocols; updating statutory reference; |
| removing language providing for certain review of |
19| protocols and working agreements; repealing 70 O.S. |
| 2021, Sections 11-103.9b and 24-158, as amended by |
20| Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. |
| 2024, Section 24-158), which relate to Maria's Law |
21| and the Oklahoma Prevention Needs Assessment Survey; |
| providing an effective date; and declaring an |
22| emergency. |
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Req. No. 1284 Page 1
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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
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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
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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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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
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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 |
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22| health crisis services in the region where students |
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23| attend school. |
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Req. No. 1284 Page 6
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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
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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
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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
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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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18| 60-1-1284 EB 1/15/2025 11:01:54 AM |
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Req. No. 1284 Page 10
