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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 626 By: Bullard
AS INTRODUCED
An Act relating to students; directing the p arent or
legal guardian of a student to d isclose to a school
whether the student has received certain mental
health services from certain facility within certain
time period; providing definition; requiring
disclosure within certain time period; requiring
designated school personnel to hold certain meeting
within certain time period to determine whether
accommodations are needed; requiring certain
disclosure to comply with certain acts; providing for
promulgation of 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 Section 3-169 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. Beginning with the 2021-2022 school year, the parent or
legal guardian of a student shall disclose to the student’s resident
district, as determined by Section 1 -113 of Title 70 of the Oklahoma
Statutes, if the student has received mental health services from a
mental health facility in the previous one (1) year . For the
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purposes of this section, “facility” shall have the same meaning as
Section 1-103 of Title 43A of the Oklahoma Statut es. The disclosure
required by this subsection shall occur at least five (5) days prior
to the student enrolling in or transferring to a school district.
B. Within ten (10) days of the disclosure required by
subsection A of this section, designated s chool personnel shall meet
with the parent or legal guardian of the student and representatives
of the mental health facility to determine whe ther the student is in
need of any accommodations including, but not limited to, an
individualized education program (I EP) 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 section ma y take place in person, via
teleconference or via videoconference.
C. The disclosure required by this section and subsequent
handling of personal health information and related student
education 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 t o
implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is her eby
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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.
58-1-103 EB 1/21/2021 8:50:55 AM