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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 89 By: Haste
AS INTRODUCED
An Act relating to education; creating the He alth
Education Act; providing short title; providing
purpose of the act; providing for promulgation of
rules; requiring health education to be taught in the
public schools; directing the State Department of
Education to develop certain micro -credential and
professional development programs for cer tain
teachers by certain schoo l year; directing school
districts to provide instruction on health education
subject matter standards by certain school year;
requiring teachers of certain stand -alone courses to
be certified in certain subject; authorizing t he
State Department of Educati on to issue certain
provisional certificate to certain individuals;
directing the State Textbook Committee to include a
review of certain instructional materials in its
review and adoption cycle; directing school districts
to consult with certain committee to implement
certain act; creating the Health Education Revolving
Fund; specifying sources of fund; providing for
expenditures; providing purpose of fund; amending 70
O.S. 2011, Section 11-103.6, as last amended by
Section 44, Chapter 25, O.S.L. 2019 (70 O.S. Supp.
2020, Section 11-103.6), which relates to curricular
standards for instruction; requiring all students to
receive certain instruction; providing subject matter
standards for health and physical education;
requiring students to complete the requi rements for
health education in order to graduate beginning in
certain school year; updating references from foreign
language to world language; amending 70 O.S. 2011,
Section 24-100a, which relates to the Health y and Fit
Kids Act of 2004; directing the He althy and Fit
School Advisory Committee to make recommendations
regarding implementation of certain act; providing
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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 11-103.12 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Sections 1 through 3 of this act shall be known and may be
cited as the “Health Education Act ”.
B. The purpose of this act is to:
1. Ensure students receive instruction in health, particularly
at an early age when habits are formed;
2. Support the health and well-being of children that have been
affected by traumatic experiences;
3. Improve academic outcomes for students; and
4. Improve the overall health outcomes of Oklahoma’s
population.
C. The State Board of Education may p romulgate rules to
implement the provisions of this act.
SECTION 2. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 11-103.13 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Health education shall be taught in the public schools of
this state. Health education shall include but is not limited to
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physical health, mental health, social and emotional health and
intellectual health.
B. By the 2022-2023 school year, the State Department of
Education shall:
1. Develop a micro-credential for teachers who are assigned the
responsibility of teaching health education; and
2. Develop professional development programs that are designed
to help teachers provide instruction in health education and
incorporate the curriculum into existing coursewo rk and instruction
where appropriate. The professional development provided as part of
this act shall not be construed to be in addition to existing
professional development requirements.
C. By the 2023-2024 school year, school districts shall provide
instruction addressing all health education subject matter
standards, as adopted by the State Board of Educ ation pursuant to
Section 11-103.6 of Title 70 of the Oklahoma Statutes, at le ast once
in the grade spans of pre-kindergarten through second grade, third
grade through fifth grade, sixth grade through eighth gra de and
ninth grade through twelfth grade. Health education may be
integrated into one or more exist ing subjects or provided as an
addition to existing cou rsework.
D. Teachers assigned to t each health education as a stand-alone
course shall be certified i n physical and health education. The
State Department of Educatio n is authorized to issue a provisional
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certificate, valid for not more than two (2) years , to individuals
assigned to teach a stand-alone health education course in order to
afford the individual the opportunity to obtain certification in
physical and health education.
E. The State Textbook Committee shall incl ude a review of
health and physical education instructional materials as part of its
textbook review and adoption cycle.
F. In implementing the provisions of this act, the district
shall consult with the Healthy and Fit School Advis ory Committee
established pursuant to Section 24-100a of Title 70 of the Oklahoma
Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-103.14 of Title 70, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revo lving fund
for the State Department of Education to be designated the “Health
Education Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the State Department of Educa tion from appropriations,
gifts, donations and bequests . All monies accruing to the cre dit of
the fund are hereby appropriated and may be budgeted and expended by
the State Department of Education for the purpose set forth in this
act. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
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with the Director of the Office of Management and E nterprise
Services for approval and payment.
SECTION 4. AMENDATORY 70 O.S. 2011, Section 11-103.6, as
last amended by Section 44, Chapter 25, O.S.L. 2019 (70 O.S. Supp.
2020, Section 11-103.6), is amended to read as follows:
Section 11-103.6. A. 1. The State Board of Education shal l
adopt subject matter standards for in struction of students in the
public schools of this state that are necessary to ensure there is
attainment of desired levels of competencies in a variety of areas
to include language, m athematics, science, social stud ies and,
communication and health and physical education.
2. School districts shall de velop and implement curriculum,
courses and instruction in order to ensure that students meet the
skills and competencies as set forth in this section and in the
subject matter standards adopted by the State Board of Education.
3. All students shall gain literacy at the elementary and
secondary levels. Students shall develop skills in reading,
writing, speaking, com puting and critical thi nking. For purposes of
this section, critical thinking means a manner of analytical
thinking which is logical and uses linear factual analysis to reach
a conclusion. They also shall learn about cultures and environments
- their own and those of others wi th whom they share the earth. All
students shall receive the instruction needed to lead healthy and
physically active lifestyles. Students, therefore, shall study
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social studies, literature, languages, the arts, health, mathematics
and science. Such cur ricula shall provide for the tea ching of a
hands-on career exploration program in cooperation with technology
center schools.
4. The subject matter standards shall be designed to teach the
competencies for which students shall be tested as provided in
Section 1210.508 of this title , and shall be designed to prepare all
students for active citizenship, employment and/or successful
completion of postsecondary education without the need for remedial
coursework at the postsecondary level.
5. The subject matte r standards shall be designed wi th rigor as
defined in paragraph 3 of s ubsection F of this section.
6. The subject matter standards for English Language Arts shall
give Classic Literature and nonfiction literature equal
consideration to other literature. In addition, emphasis shall be
given to the study of complete works of literature.
7. At a minimum, the subject matter standards fo r mathematics
shall require mastery of the standard algorithms in mathematics,
which is the most logical, efficient way of solving a problem that
consistently works, and for students to attain f luency in Euclidian
geometry.
8. The subject matter standards for history, social studies and
United States Government shall include the content of the Unit ed
States naturalization tes t, with an emphasis on the speci fic content
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of the test and the ideas a nd concepts it references. The United
States naturalization t est shall be made available in physical and
electronic online formats as an optional assessment tool for
teachers.
9. The subject matter standards for Uni ted States Government
shall include an emphasis on civics. For the purposes of this
section, “civics” means the study of the rights and duties of
Oklahoma and United States citizens and of how th ose governments
work.
10. The subject matter standards for health and physical
education shall include but not be limited to the domains of
physical, emotional, social and intellectual health. Health
literacy shall include the ability to obtain, process and u nderstand
basic health information and services needed to make appropriate
health decisions. Health shall also include the importance of
proper nutrition and exercise, mental health and wellness, substance
abuse, coping skills for understanding and managi ng trauma,
establishing and maintaining positive relati onships and responsible
decision making. Physical literacy shall include the ab ility to
move with competence and confidence in a wide variety of physical
activities in multiple env ironments that benef it the healthy
development of the whole person.
B. Subject to the provisions of subsection C of this section,
in order to graduate from a public high schoo l accredited by the
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State Board of Education with a standard diploma, students shall
complete the following college prepara tory/work ready curriculum
units or sets of competencies at the seconda ry level:
1. Four units or sets of competencies of English to include
Grammar, Composition, Literature, or any English course approved for
college admission requ irements;
2. Three units or sets of competencies of ma thematics, limited
to Algebra I, Algebr a II, Geometry, Trigonometry, Math Analysis,
Calculus, Advanced Placement Statistics, or any mathematics course
with content and/or rigor above Algebra I and appr oved for college
admission requirements;
3. Three units or sets of competencies of laboratory science
approved for college admission requirements , including one unit or
set of competencies of life science , meeting the standards for
Biology I; one unit or set of competencies of physical science,
meeting the standards for Physical Science, Chemistry or Physics;
and one unit or set of competencies from the doma ins of physical
science, life science or earth and space science such that the
content and rigor is above Biology I or Phys ical Science;
4. Three units or sets of competencies of history and
citizenship skills, including one unit of American History, 1/2 unit
of Oklahoma History, 1/2 unit of United States Government and one
unit from the subjects of His tory, Government, Geogr aphy, Economics,
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Civics, or non-Western culture and approved for colleg e admission
requirements;
5. Two units or sets of competencie s of the same foreign world
or non-English language or two units of computer technology approved
for college admission requ irements, whether taught at a hi gh school
or a technology center school , including computer programming,
hardware, and business compu ter applications, such as word
processing, databases, spreadsheets, and graphics, excluding
keyboarding or typing courses;
6. One additional unit or set o f competencies selected from
paragraphs 1 through 5 of this subsection or career and technology
education courses, concurrently enrolled courses, Advanced Placement
courses or International Baccalaurea te courses approved for college
admission requirements; and
7. One unit or set of competencie s of fine arts, such as music,
art, or drama, or one unit or s et of competencies of speech.
C. In lieu of the requirements of subsection B of this section
which requires a college prep aratory/work ready curriculum, a
student may enroll in the core curriculum as provided in subsection
D of this section upon written approval of the parent or legal
guardian of the student. For students under th e age of eighteen
(18) school districts shall require a parent or legal guardian of
the student to meet with a designee of the school prior to
enrollment in the core curriculum. The State Department of
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Education shall develop and distribute to school dist ricts a form
suitable for this purpose, which shall inc lude information on the
benefits to students of completing the college preparatory/work
ready curriculum as provided for in subsection B of this section.
D. For those students subject to the requireme nts of subsection
C of this section, in order to gradua te from a public high school
accredited by the State Board of Education with a standard diploma,
students shall complete the following core curriculum units or sets
of competencies at the secondary lev el:
1. Language Arts – 4 units or sets of competencies , to consist
of 1 unit or set of compet encies of grammar and composition, and 3
units or sets of comp etencies which may include, but are not limited
to, the following courses:
a. American Literature,
b. English Literature,
c. World Literature,
d. Advanced English Courses, or
e. other English courses with content and/or rigor equal
to or above grammar and composition;
2. Mathematics – 3 units or sets of competencies , to consist of
1 unit or set of compe tencies of Algebra I or Algebra I taught in a
contextual methodology, and 2 units or sets of c ompetencies which
may include, but are not limited to, the fol lowing courses:
a. Algebra II,
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b. Geometry or Geometry taught in a contextual
methodology,
c. Trigonometry,
d. Math Analysis or Precalculus,
e. Calculus,
f. Statistics and/or Probability,
g. Computer Science or acceptance and successful
completion of one (1) year of a full-time, three-hour
career and technology program leading to an industry
credential/certificate or college c redit. The State
Board of Career and Technology Education shall
promulgate rules to define the provisions of this act
section related to the accepted industry-valued
credentials which are industry -endorsed or industry -
aligned. The list of accepted indust ry-valued
credentials shall be reviewed annually and updated at
least every three (3) years by the Board,
h. (1) contextual mathemati cs courses which enhance
technology preparation, or
(2) a science, technology, engineering and math
(STEM) block course mee ting the requirements for
course competencies listed in paragraph 2 of
subsection B of this section, whether taught at
a:
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(a) comprehensive high school, or
(b) technology center school when taken in the
tenth, eleventh or twelfth gra de, taught by
a certified teacher, and approved by the
State Board of Education and the independ ent
district board of education,
i. mathematics courses taug ht at a technology center
school by a teacher certified in the secondary subject
area when taken in the tenth, eleventh or twelfth
grade upon approval of the State Board of Education
and the independent district board of education, or
j. any other mathematics course with content and/or rigor
equal to or above Algebra I;
3. Science – 3 units or sets of c ompetencies, to consist of 1
unit or set of competencies of Biology I or Biology I taught in a
contextual methodology, and 2 units or sets of competencies i n the
areas of life, physical, or earth science or technology which may
include, but are not limited to, the following cour ses:
a. Chemistry I,
b. Physics,
c. Biology II,
d. Chemistry II,
e. Physical Science,
f. Earth Science,
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g. Botany,
h. Zoology,
i. Physiology,
j. Astronomy,
k. Applied Biology/Chemistry,
l. Applied Physics,
m. Principles of Technology ,
n. qualified agricultural education courses,
o. (1) contextual science courses which enhance
technology preparation, or
(2) a science, technology, enginee ring and math
(STEM) block course meeting the requirements for
course competencies listed in paragra ph 3 of
subsection B of this section, whether taught at
a:
(a) comprehensive high school, or
(b) technology center school when taken in the
tenth, eleventh or twelfth grade, taught by
a certified teacher, and approved by the
State Board of Education and th e independent
district board of education,
p. science courses taught at a technology center scho ol
by a teacher certified in the secondary subject area
when taken in the tenth, eleventh or twelfth grade
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upon approval of the State Board of Education and the
independent district b oard of education, or
q. other science courses with content and/or rigor equal
to or above Biology I;
4. Social Studies – 3 units or sets of competencies, to consist
of 1 unit or set of competencies of United States History, 1/2 to 1
unit or set of compet encies of United States Government, 1/2 unit or
set of competencies of Ok lahoma History, and 1/2 to 1 unit or set of
competencies which may include, but are not limited to, the
following courses:
a. World History,
b. Geography,
c. Economics,
d. Anthropology, or
e. other social studies courses with content and/or rigor
equal to or above United States History, United States
Government, and Oklahoma History;
5. Arts – 1 unit or set of competencies which may include, but
is not limited to, courses in Visual Ar ts and General Music; and
6. Computer Education or World Language - 1 unit or set of
competencies of computer technology, whether ta ught at a high school
or a technology center school, including computer programming,
hardware and business computer applica tions, such as word
processing, databases, spreadsheets and graphics, exc luding
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keyboarding or typing courses, or 1 unit or set of co mpetencies of
foreign world or non-English language.
E. 1. In addition to the curriculum requireme nts of either
subsection B or D of this sectio n, in order to graduate from a
public high school accredited by the State Board of Education
students shall complete the requirements for a personal financial
literacy passport as set forth in the Passport to F inancial Literacy
Act and. Beginning with the 2023-2024 school year, students
entering the ninth grade shall complete the requirements for health
education as set forth in Sections 1 through 3 of this act in order
to graduate. Students shall also comple te any additional course
requirements or recommended elective courses as may be established
by the State Board of Education and the district school board.
School districts shall strongly encourage students to complete two
units or sets of competencies of foreign world languages and two
units or sets of competencies of physical and health education.
2. No student shall receive credit for high school graduation
more than once for completion of the same unit or set of
competencies to satisfy the curriculum r equirements of this section.
3. A school district shall not be required to offer every
course listed in subsections B and D of this section , but shall
offer sufficient cour ses to allow a student to meet the graduation
requirements during the secondary gra de years of the student.
F. For purposes of this section:
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1. “Contextual methodology ” means academic content and skills
taught by utilizing real -world problems and project s in a way that
helps students understand the applic ation of that knowledge;
2. “Qualified agricultural education courses” means courses
that have been determined by the State Boa rd of Education to offer
the sets of competencies for one or more science co ntent areas and
which correspond to academic science courses. Qualified
agricultural education courses shall include, but are not limited
to, Horticulture, Plant and Soil Science, Natural Resources and
Environmental Science, and Animal Science. The cours es shall be
taught by teachers certified in agricult ural education and comply
with all rules of the Oklahoma Department of Career and Technology
Education;
3. “Rigor” means a level of difficulty that is thorough,
exhaustive and accurate and is appropriate for the grade level;
4. “Sets of competencies ” means instruction in those skills and
competencies that are specified in the subject matter standards
adopted by the State Board of Education and other skills and
competencies adopted by the Board, without r egard to specified
instructional time; and
5. “Unit” means a Carnegie Unit as defi ned by the North Central
Association’s Commission on Schools.
G. 1. The State Board of Educatio n shall adopt a plan to
ensure that rigor is maintained in the content, teac hing
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methodology, level of expectations for student achievement, and
application of learning in all the courses taught to meet the
graduation requirements as specified in this sect ion.
2. The State Board of Education shall allow as much flexibility
at the district level as is possible without diminishing t he rigor
or undermining the int ent of providing these courses. To accomplish
this purpose, the State Department of Education sh all work with
school districts in reviewing and approving courses taught by
districts that are not specifically listed in subsec tions B and D of
this section. Options may include, but shall not be limited to,
courses taken by concurrent enrollment, advanc ed placement, or
correspondence, or courses bearing different titles.
3. The State Board of Education shall approve an advanced
placement computer science cou rse to meet the requirements of course
competencies listed in paragraph 2 of subsection B of this section
if the course is taken in a student ’s senior year and the student i s
concurrently enrolled in or has successfully compl eted Algebra II.
4. Technology center school districts may offer programs
designed in cooperation with institutions of higher e ducation which
have an emphasis on a focused field of career study upon appr oval of
the State Board of Education and the indepen dent district board of
education. Students in the tenth grade may be allowed to attend
these programs for up to one -half (1/2) of a school day and credit
for the units or sets of competencies required in paragraphs 2, 3
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and 6 of subsection B or D of this section shall be given if the
courses are taught by a teacher certified in the secondary subject
area; provided, credit for unit s or sets of competencies pursuant to
subsection B of this section shall be approved for college admission
requirements.
5. If a student enrolls in a concurre nt course, the school
district shall not be responsible for any costs incurred for that
course, unless the school district does not offer enough course
selection during the student’s secondary grade years to allow the
student to receive the courses needed to meet the graduation
requirements of this section. If the school district does not offer
the necessary course selection during the student ’s secondary grade
years, it shall be responsible for the cost of resident tuition a t
an institution in The Oklahom a State System of Higher Education,
fees, and books for the concurrent enrollment course, and pro viding
for transportation to and from the institution to the school site.
It is the intent of the Legislature that for students enrolled
in a concurrent enroll ment course which is paid for by the school
district pursuant to this paragraph, the institution charge only the
supplementary and special service fees that are directly rel ated to
the concurrent enrollment course and enrollm ent procedures for that
student. It is further the intent of the Legislature that fees for
student activities and student servi ce facilities, including the
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student health care and cultural and recreation al service fees, not
be charged to such students.
6. Credit for the units or sets of competencies required in
subsection B or D of this section shall be given when such units or
sets of competencies are taken prior to ninth grade if the teachers
are certified or authorized to teach the subjects for high sc hool
credit and the required ri gor is maintained.
7. The three units or sets of competencies in mathematics
required in subsection B or D of this section shall be completed in
the ninth through twelfth g rades. If a student completes any
required courses or sets of competencies in math ematics prior to
ninth grade, the student may take any other mathematics courses or
sets of competencies to fulfill the requirement to complete three
units or sets of compet encies in grades nine through twelve after
the student has satisfied the requiremen ts of subsection B or D of
this section.
8. All units or sets of competencies required for gradu ation
may be taken in any sequence recommended by the school district.
H. As a condition of receiving accreditation from the St ate
Board of Education, all stu dents in grades nine through twelve shall
enroll in a minimum of six periods, or the equivalent i n block
scheduling or other scheduling structure that allows for instruction
in sets of competencies, of rigorous academic and/o r rigorous
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vocational courses e ach day, which may include arts, vocal and
instrumental music, speech classes, and physical educa tion classes.
I. 1. Academic and vocational -technical courses designed to
offer sets of competencies integrated or embedded wi thin the course
that provide for the teaching and learning of the appropriate skills
and knowledge in the subject matter standar ds, as adopted by the
State Board of Education, may upon approval of the Boa rd, in
consultation with the Oklahoma Department of Career and Technology
Education if the courses are offered at a technology center school
district, be counted for academic credi t and toward meeting the
graduation requirements of this section.
2. Internet-based courses offered by a technology center scho ol
that are taught by a certifi ed teacher and provide for the teaching
and learning of the appropriate skills and knowledge in t he subject
matter standards may, upon approval of the State Board of Educati on
and the independent district board of education, be counted for
academic credit and toward meeting the graduation requirements of
this section.
3. Internet-based courses or voc ational-technical courses
utilizing integrated or embedded skills for which no subject matter
standards have been adopted by the State Board of Education may b e
approved by the Board, in consultation with the Oklahoma Department
of Career and Technology Ed ucation if the courses are offered at a
technology center school district, i f such courses incorporate
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standards of nationally r ecognized professional organiza tions and
are taught by certified teachers.
4. Courses offered by a supplemental education organ ization
that is accredited by a national accrediting body and that are
taught by a certified teacher and provide for the teachin g and
learning of the appropria te skills and knowledge in the subject
matter standards may, upon approval of the State Board of Education
and the school district board of education, be counted for academi c
credit and toward meeting the graduation requireme nts of this
section.
J. The State Board of Education shall provide an option for
high school graduation based upon attainment o f the desired levels
of competencies as required in tests pursuant to the pr ovisions of
Section 1210.508 of this title. Such op tion shall be in lieu of the
amount of course credits earned.
K. The State Board of Education shall prescribe, adopt and
approve a promotion system based on the attainment by students of
specified levels of competencies in each area of the core
curriculum.
L. Children who have individ ualized education programs pursuant
to the Individuals with Disabilities Education Act (IDEA), an d who
satisfy the graduation requirements through the individualized
education program for that student shall be awarded a stand ard
diploma.
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M. Students who enter the ninth grade in or prior to the 2007-
08 school year who are enrolled in an alternative ed ucation program
and meet the requirements of their plans leading to high sch ool
graduation developed pursuant to Section 1210.56 8 of this title
shall be awarded a standard diploma.
N. Any student who completes the curriculum requirements of the
International Baccalaureate Diploma Program shall be awarded a
standard diploma.
O. Any student who successfully completes an advanced
mathematics or science course off ered pursuant to Section 1210.404
of this title shall be granted academic credit toward meeting t he
graduation requirements pursuant to paragraph 2 or 3, as
appropriate, of subsection B or D of this section.
P. For purposes of this section, the courses ap proved for
college admission requirements shall be courses which are approved
by the Oklahoma State Regents for Higher Education for admission to
an institution within The O klahoma State System of Higher Education.
Q. Students who have been denied a stand ard diploma by the
school district in which the student is or was enrolled for failing
to meet the requirements of this section may re-enroll in the school
district that denied the student a standard diploma following the
denial of a standard diploma. The student shall be provided
remediation or intervention and the opportunity to complete the
curriculum units or sets of competencies required by this section to
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obtain a standard diploma. Students who re -enroll in the school
district to meet the graduation requirements of this section shall
be exempt from the hourly instructional requirements of Secti on 1-
111 of this title and the six-period enrollment requirements of this
section.
R. The State Department of Education shall c ollect and report
data by school site and district on the number of students who
enroll in the core curriculum as provided in su bsection D of this
section.
SECTION 5. AMENDATORY 70 O.S. 2011, Section 24 -100a, is
amended to read as follows:
Section 24-100a. A. This act shall be known and may be cited
as the “Healthy and Fit Kids Act of 2004”.
B. Beginning September 1, 2004, each public school shall
establish a Healthy and Fit Sc hool Advisory Committee, to be
composed of at least six members. The Advisory Com mittee may be
composed of teachers, administrators, parents of s tudents, health
care professionals and business community representatives.
A public school may combine the Hea lthy and Fit School Advisory
Committee with its Safe School Committee, established pursuant to
Section 24-100.5 of this title.
C. Each Healthy and Fit School Advisory Committee sh all study
and make recommendations to the school principal regarding:
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1. Health education Implementation of Sections 1 through 3 of
this act;
2. Physical education and physical activity; and
3. Nutrition and health serv ices.
D. The principal shall give consideration to recommendations of
the committee.
E. The State Board of E ducation shall adopt rules for
monitoring compliance with th is section and is authorized to report
a school as deficient on the accreditation repo rt for noncompliance
with the provisions of this section.
SECTION 6. This act shall become effective July 1, 2021.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason where of this act shall take effect and
be in full force from and after its passage and approval.
58-1-79 EB 12/4/2020 11:43:54 AM