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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 626 By: Bullard of the Senate
and
Randleman of the House
An Act relating to students; allowing the parent 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; defining term; requiring designated
school personnel to hold certain meeting within
certain time period after disclosure to determine
whether accommodations are needed; requiring certain
disclosure to comply with certain acts; providing for
promulgation of rules; amending 43A O.S. 2021,
Section 5-513, which relates to discharge plans of
certain minors; requiring certain notification upon
discharge of minor from certain treatment; providing
for codification; providing an effective date; and
declaring an emergency.
AMENDMENT NO. 1. Page 2, line 5, insert after "personnel" the
following ", which may include members of the
individualized education program (IEP) team,"
Page 2, line 9, delete "individualized education
program (IEP)" and insert the acronym "IEP"
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Passed the House of Representatives the 28th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _____ _____, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 626 By: Bullard of the Senate
and
Randleman of the House
An Act relating to students; allowing the parent 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; defining term; requiring designated
school personnel to hold certain meeting within
certain time period after disclosure to determine
whether accommodations are needed; requiring certain
disclosure to comply with certain acts; providing for
promulgation of rules; amending 43A O.S. 2021,
Section 5-513, which relates to discharge plans of
certain minors; requiring certain notification upon
discharge of minor from certain treat ment; 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 b e 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 2023-2024 school year, prior to
enrollment the parent or legal guardian of a student may 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
inpatient or emergency outpatient mental health services from a
mental health facility in the previous twenty-four (24) months. For
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the purposes of this section, “mental health facility” shall have
the same meaning as Section 5-502 of Title 43A of the Oklahoma
Statutes.
B. If a disclosure provided for in subsection A of this section
occurs, designated school personnel shall meet with the parent or
legal guardian of the student and representatives of the mental
health facility prior to enrollment 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 section ma y 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 pursuant to this
section 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. AMENDATORY 43A O.S. 2021, Sect ion 5-513, is
amended to read as follows:
Section 5-513. A. Within ten (10) days after the admission of
a minor for inpatient treatment, the person in charge of the
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facility in which the minor is being treated shall ensure that an
individualized treatmen t plan has been prepared by the person
responsible for the treatment of the minor. The minor shall be
involved in the preparation of the treatment plan to the maximum
extent consistent with the ability of the minor to understand and
participate. The pare nt or legal custodian of the minor or, if the
minor is in the custody of the Department of Human Servic es or the
Office of Juvenile Affairs, the designated representat ive of the
applicable agency, shall be involved to the maximum extent
consistent with the treatment needs of the minor.
B. The facility shall discharge the minor when appropriate
facility medical staff determine the minor no longer meets the
admission or commitment criteria. If not previously discharged, a
minor committed by a court for inpatient treatment shall be
discharged upon the expirat ion of a court order committing the minor
for inpatient treatment or an order of the court directing the
discharge of the minor.
C. Prior to the discharge of the minor from inpatient
treatment, a dischar ge plan for the minor shall be prepared and
explained to the minor and the parent or the person responsible for
the supervision of the case. The plan shall include , but not be
limited to:
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1. The services required by the minor in the community to meet
the needs of the minor for treatment, education, housin g, and
physical care and safety;
2. Identification of the public or private agencies that will
be involved in providing treatment and support to the minor;
3. Information regarding medication which shou ld be prescribed
to the minor; and
4. An appointment for follow-up outpatient treatment and
medication management.
D. Upon the discharge of the minor from inpatient treatment, a
designee of the facility shall inform the parent or person
responsible for the supervision of the case of the importance of
disclosing the mental health needs of the minor to the minor’s
resident school district as provided for in Section 1 of this act
including disclosure in whole or in part of the minor’s discharge
plan prepared pursuant to subsection C of this section as
appropriate and consistent with applicable law.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediate ly necessary for the preservation
of the public peace, health, or safety, an emergency is her eby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approva l.
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Passed the Senate the 9th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ______ ____,
2022.
Presiding Officer of the House
of Representatives