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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3251 By: Randleman
AS INTRODUCED
An Act relating to students; requiring certain
disclosure of inpatient or emergency outpatient
mental health services; prescribing tim ing for
disclosure; defining term; requiring meeting to
determine if the student needs any accommodations;
describing how meeting may be conducted; requiring
compliance with certain federal laws; d irecting State
Board of Education to promulgate rules; providing for
codification; providing an effective date ; and
declaring an emergency .
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 S ection 24-100.9 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning with the 2022-2023 school year, the parent or
legal guardian of a student shall disclose to the student's resident
district, as determined by S ection 1-113 of Title 70 of the Oklahoma
Statutes, if the student has received inpatient or emergency
outpatient mental health services from a me ntal health facility in
the previous twenty-four (24) months. The disclosure shall occur at
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least five (5) days prior to the student enrolling in or
transferring to the school district. As used in this section,
"facility" shall have the same meaning as Section 1-103 of Title 43A
of the Oklahoma Statut es.
B. Within ten (10) days of the disclosure, designated school
personnel shall meet with the parent or legal guardian of the
student and representatives o f the mental health facility to
determine whether the student is in need of any accommodations
including, but not limited to, an individualized education program
(IEP) in accordance with the Individuals with Disabilities Education
Act (IDEA) or a Section 5 04 Plan as defined by the R ehabilitation
Act of 1973. The meeting required by this subsection may take place
in person, via teleconference or via videoconference .
C. The disclosure and subsequent handling of personal health
information and related student e ducation records 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. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-10203 EK 01/11/22