Oklahoma House Bill HB3251

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Students; requiring certain disclosure of inpatient or emergency outpatient mental health services; effective date; emergency.

Impact

Following the disclosure, school personnel are mandated to meet with the parents and representatives from the mental health facility within ten days to ascertain whether the student requires accommodations such as an Individualized Education Program (IEP) or a Section 504 Plan. This initiative aims to ensure that students in need of additional support receive appropriate accommodations, thereby potentially improving their educational experience and outcomes.

Summary

House Bill 3251 focuses on the regulation of disclosures concerning students who have received mental health services in Oklahoma. It requires parents or legal guardians to inform the school district of any inpatient or emergency outpatient mental health services their child has received within the previous twenty-four months. This disclosure must occur at least five days prior to the student's enrollment or transfer into a new school district.

Contention

The bill emphasizes compliance with existing federal laws, including the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA), in handling personal health information. A notable point of contention could arise from concerns regarding privacy implications for families and the potential stigma associated with disclosing mental health histories during school enrollment. As the bill requires proactive engagement from parents and schools, there are implications for how mental health issues are perceived and addressed within educational settings.