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SENATE FLOOR VERSION
April 12, 2022
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 4106 By: Vancuren and Lawson of the
House
and
Pemberton of the Senate
[ schools - protocol for responding to students in
mental health crisis - requirements for protocol –
Oklahoma Prevention Needs Assessment Survey – written
notification - effective date –
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 Section 24-159 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Each public school dis trict shall maintain a protocol for
responding to students in mental health crisis with the goal of
preventing student suicide, self-harm, and harm to others.
1. The protocol shall be developed , maintained, and implemented
in partnership with one or more local mental health treatment
providers certified by the Department of Mental Health and Substance
Abuse Services. At least one provider partner shall have:
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a. the ability to serve all school-aged children
regardless of insurance status , and
b. the ability and certification to provide mental health
crisis services in the region where studen ts attend
school.
2. Any organization cer tified by the state as a community
mental health center as defined in Section 3 -302 of Title 43A of the
Oklahoma Statutes or a Certified Community Behavioral Health Clinic
shall serve as a school partner if requested by a school district
located in its state-designated service area.
B. The protocol for responding to mental health crises shall,
at a minimum:
1. Provide a definition of mental health crisis involving
potential for harm to self or others;
2. Document how mental health crises may be identified by
school administrators, teachers, support employees, and school-based
mental health professionals;
3. Outline nonpunitive steps to safeguard student health and
safety in response to an immediate or potential mental health
crisis;
4. Identify local treatment providers and resources available
to support students and families in mental health crisis and ensure
appropriate referrals to treatment;
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5. Outline a process for ensuring parent and caregiver
notification and involvement during an actual or potential mental
health crisis; and
6. Document how student privacy will be protected in compliance
with applicable state and federal laws.
C. If a student who is under eighteen (18) years of age is
identified as being in or at risk of a mental health crisis, the
school shall inform the parent or legal guardian of the student and
offer the treatment referral information contained in the protocol.
Parent or legal guardian consent shall be required for any
subsequent action taken by the school as part of the proto col except
in cases of immediate and life -threatening danger to self or oth ers.
D. All protocols developed by school districts and partner
organizations shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and Family E ducational Rights and
Privacy Act (FERPA) privacy requirements.
E. School administrators, teachers, support employees, and
school-based mental health providers shall be provided ready access
to and regular training on the protocol.
F. A working agreement shall be signed by the school district
board of education and each identified mental health provider
partner outlining all obligations of the parties under the
established protocol and a strategy for regularl y reviewing its
effectiveness using anonymous, nonidentifiable data.
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G. Not less than every two (2) years, the school district and
its mental health provider partners shall jointly review the
protocol and working agreements and consider any updates necessary
to better meet the needs of students. School districts and mental
health provider partners shall include in their review process
information gathered from the Oklahoma Prevention Needs Assessment
Survey or an alternative survey, as provided for in Section 24-158
of Title 70 of the Oklahoma Statutes .
H. Each school district shall submit the latest protocol and
working agreements to the State Department of Education, which shall
share the protocols and agreement s with the Department of Mental
Health and Substance Abuse Services. These agencies may require
revisions to ensure compliance with applicable laws, regulatio ns,
and established evidence -based practices.
I. The Department of Mental Health and Substance Abuse Services
and the State Department of Education shall provide technical
assistance to school district s and their provider partners by:
1. Making available an optional template protocol which
satisfies the provisions of this section;
2. Making available an optional template working agreement
which can be adopted by schools and provider partners;
3. Providing school districts with lists of local public and
private treatment providers eligible to serve as partners in the
development and maintenance of a protocol;
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4. Providing information on any available mental health crisis
phone line;
5. Making available information on evidence-based practices for
meeting the mental health needs of students; and
6. Providing ongoing assistance and consultation as re quested
by a school district.
J. The Board of Mental Health and Substance Abuse Services and
the State Board of Education may promulgate rules as ne cessary to
ensure compliance with this section.
K. Nothing in this section shall be construed to create,
establish, expand, reduce, contract, or eliminate any civil
liability on the part of any school or school employee.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 24 -158, is
amended to read as follows:
Section 24-158. A. The “Oklahoma Prevention Needs Assessment
Survey” means the biennial mental health prevention survey of public
school students in grades six, eight, ten , and twelve managed by the
Department of Mental Health and Substance Abuse Services.
B. Beginning in the 2022 -2023 school year, and biennially
thereafter, public schools shall administer the Oklahoma Prevention
Needs Assessment Survey, or an alternative survey as provided in
subsection D of this section, for the purpose of providing direction
to schools, school distr icts, and communities to effectively improve
the lives of students regarding a variety of issues with a focus on
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alcohol, tobacco, other drug use, mental health, academic failure ,
and violence.
C. The Department of Mental Health and Substance Abuse Servic es
shall maintain the Oklahoma Preven tion Needs Assessment Survey and
shall provide technical assistance for schools in survey
administration, reporting, planning , and development of school
mental health prevention and intervention strategies informed by t he
survey results.
D. If a school or school district chooses to administer an
alternative survey or assessment tool to fulfill the purpose
described in subsection B of this section, it may apply for a waiver
through the Department of Mental Health and Sub stance Abuse
Services.
E. The school district superintendent or his or her designee
shall provide prior written notification to the parents or legal
guardians of students to be administered the Oklahoma Prevention
Needs Assessment Survey or an alternative survey or assessment tool
adopted pursuant to subsection D of this section. The notification
shall include information to parents and legal guardians that they
may opt their student out of the survey or assessment tool by
providing written notice to the school district.
F. Prior to the biennial administration of the Oklahoma
Prevention Needs Assessment Survey , the Department of Mental Health
and Substance Abuse Services shall submit the survey to the
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President Pro Tempore of the Senate, the Speaker of th e House of
Representatives, the chairs of the committees with responsibility
over common education in both houses of the Legislature , and the
chairs of the committees with responsibility over public health in
both houses of the Legislature.
G. The provisions of this section shall be subjec t to the
availability of federal funding. If federal funding is insufficient
to provide the Oklahoma Prevention Needs Assessment Survey to public
schools on a biennial basis, administration of the survey shall not
be required.
F. H. The Board of Mental H ealth and Substance Abuse Services
and the State Board of Education may promulgate rules as necessary
to carry out the provisions of this section.
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 passag e and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 12, 2022 - DO PASS AS AMENDED