An Act ENROLLED SENATE BILL NO. 89 By: Haste of the Senate and Baker and McEntire of the House 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 school 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 Education 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; creating the Health Education Revolving Fund; spec ifying sources of fund; providing for expenditures ; providing purpose of fund; amending 70 O.S. 2011, Secti on 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 ce rtain instruction; providing subject matter standards for health and physical education; updating references from foreign language to world language; amending 70 O.S. 2011, Section 24-100a, which relates to the Healthy and Fit Kids Act of 2004; directing t he Healthy and Fit School Advisory Committee to make recommendations regarding implementation of certain act; providing ENR. S. B. NO. 89 Page 2 for codification; providing an effecti ve date; and declaring an emergency. SUBJECT: Creating the Health Education Act BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: 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 physical health, mental health, social and emotional health and intellectual health. ENR. S. B. NO. 89 Page 3 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 co ursework 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 prov ide 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. Health education may be integrated into one or more existing 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 E ducation is authorized to issue a provisional 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 include a review of health and physical education instructional materials as part of its textbook review and adoption cycle. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statute s 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 credit of ENR. S. B. NO. 89 Page 4 the fund are hereby appropr iated 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 prescr ibed by law 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. Sup p. 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 t hat 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 ski lls 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 social studies, literature, la nguages, 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 ENR. S. B. NO. 89 Page 5 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 standar ds for English Language Arts shall give Classic Literature and no nfiction 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 standard s for 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 stan dards for history, social studies and United States Government shal l include the content of the United States naturalization tes t, with an emphasis on the speci fic content of the test and the ideas a nd concepts it references. The United States naturalization test 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 those 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 includ e 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 ability to move with competence and confidence in a wide variety of physical ENR. S. B. NO. 89 Page 6 activities in multiple environments 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 hi gh school accredited by the State Board of Education with a standard d iploma, 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 E nglish to include Grammar, Composition, Literature, or any English cour se 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 requirement s, 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 fr om the domains of physical science, life science or earth and space scien ce 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 H istory, 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, Civics, or non-Western culture and approved for colleg e admission requirements; 5. Two units or sets o f competencies of the same foreign world or non-English language or two uni ts 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 computer applications, such as word processing, databases, spreadsh eets, and graphics, excluding keyboarding or typing courses; ENR. S. B. NO. 89 Page 7 6. One additional unit or set o f competencies selected from paragraphs 1 through 5 of this subsection or career and te chnology education courses, concurrently enrolled courses, Advanced Placemen t 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 set 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 subse ction 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 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/wo rk 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 stand ard diploma, students shall complete the following core curriculum units or set s 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 competencies 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 ENR. S. B. NO. 89 Page 8 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, 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 progr am 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 indust ry-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: ENR. S. B. NO. 89 Page 9 (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 t aught 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 competenc ies in 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, g. Botany, h. Zoology, i. Physiology, j. Astronomy, ENR. S. B. NO. 89 Page 10 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 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 competen cies 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: ENR. S. B. NO. 89 Page 11 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 w hich 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 graphic s, excluding 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 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 s chool 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 ENR. S. B. NO. 89 Page 12 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: 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 application of that knowledge; 2. “Qualified agricultural education courses” means courses that have been determined by the State Board of Education to offer the sets of competen cies 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 Scien ce, Natural Resources and Environmental Science, and Animal Science. The cours es shall be taught by teachers certified in agricultural 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 Boa rd 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 E ducation shall adopt a plan to ensure that rigor is maintained in the content, teac hing methodology, level of expectations for student achievement, and application of learning in all the courses taught to meet the graduation requirements as specified in th is section. 2. The State Board of Education shall a llow as much flexibility at the district level as is possible without diminishing the rigor or undermining the int ent of providing these courses. To accomplish this purpose, the State Department of Educ ation shall work with ENR. S. B. NO. 89 Page 13 school districts in reviewing a nd approving courses taught by districts that are not specifically listed in subsections B and D of this section. Options may include, but shall not be limited to, courses taken by concurrent enrollment , advanced placement, or correspondence, or courses b earing different titles. 3. The State Board of Educa tion 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 enrolle d in or has successfully completed Algebra II. 4. Technology center school districts may offer programs designed in cooperation with institutions o f higher education which have an emphasis on a focused field of career study upon appr oval of the State Board of Education and the independent 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 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, credi t for units or sets of competencies pursuant to subsection B of this section shall be approved for college a dmission requirements. 5. If a student enrolls in a concurre nt course, the school district shall not be responsible for any costs incurred for tha t course, unless the school district does not offer enou gh 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 at an institution in The Oklahom a State System of Higher Education, fees, and books for the concurrent enrollment cour se, and providing for transportation to and from the ins titution 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 ser vice fees that are directly rel ated to the concurrent enrollment course and enrollment procedures for that ENR. S. B. NO. 89 Page 14 student. It is further the intent of the Legislature that fees for student activities and s tudent service facilities, including the 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 su ch units or sets of competencies are taken prior to ninth grade if the teachers are certified or authorized to teach the subjects for high school 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 c ompletes 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 complet e 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 graduation may be taken in any sequence recommende d by the school district. H. As a condition of recei ving accreditation from the State Board of Education, all stu dents in grades nine through twelve shall enroll in a minimum of six periods, or the equivalent in block scheduling or other scheduling struct ure that allows for instruction in sets of competenci es, of rigorous academic and/or rigorous vocational courses e ach day, which may include arts, vocal and instrumental music, speech classes, and physical education classes. I. 1. Academic and vocational -technical courses designed to offer sets of competen cies integrated or embedded within the course that provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards, as adopted by the State Board of Educatio n, 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 credit and toward meeting the graduation requireme nts of this section. ENR. S. B. NO. 89 Page 15 2. Internet-based courses offered by a technology center school that are taught by a certifi ed teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approva l 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 vocational-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 Education if the courses are offered at a technology center school district, i f such courses incorpo rate standards of nationally recognized professional organiza tions and are taught by certified teachers. 4. Courses offered by a supplemental education organization that is accredited by a national accr editing body and that are taught by a certified teach er and provide for the teaching 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 ed ucation, be counted for academi c credit and toward me eting the graduation requirements of this section. J. The State Board of Education shall provide an option for high school graduation based upon attainment of the desired levels of competencies as requi red in tests pursuant to the pr ovisions of Section 1210.508 of this title. Such option 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 ea ch area of the core curriculum. L. Children who have individ ualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA), and who satisfy the graduation requirements thr ough the individualized education program for that st udent shall be awarded a standard diploma. ENR. S. B. NO. 89 Page 16 M. Students who enter the ninth grade in or prior to the 2007- 08 school year who are enrolled in an alternative education program and meet the requirements of their plans leading to high sch ool graduation developed pursuant to Section 1210.568 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 aw arded a standard diploma. O. Any student who success fully completes an advanced mathematics or science course off ered pursuant to Section 1210.404 of this title shall be granted academic credit toward meetin g the graduation requirements pursuant to paragr aph 2 or 3, as appropriate, of subsection B or D of t his 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 o f 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 stan dard 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 b y this section to obtain a standard diploma. Student s who re-enroll in the school district to meet the graduation requirements of this section shall be exempt from the hourly instructional requirements of Se ction 1- 111 of this title and the six-period enrollment requirements of this section. R. The State Department of Education shall collect and report data by school site and district on the number of students who enroll in the core curriculum as provided in subsection D of this section. SECTION 5. AMENDATORY 70 O.S. 2011, Section 24-100a, is amended to read as follows: ENR. S. B. NO. 89 Page 17 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 shall study and make recommendations to the sch ool principal regarding: 1. Health education Implementation of Sections 1 through 3 of this act; 2. Physical education and physical activity; and 3. Nutrition and health s ervices. D. The principal shall g ive consideration to recommendations of the committee. E. The State Board of E ducation shall adopt r ules for monitoring compliance with th is section and is authorized to report a school as deficient on the accreditation report 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 whereof this act shall take effe ct and be in full force from and after its passage an d approval. ENR. S. B. NO. 89 Page 18 Passed the Senate the 11th day of March, 2021. Presiding Officer of the Senate Passed the House of Representatives the 22nd day of April, 2021. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of _________________ __, 20_______, at _______ o'clock ______ _ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________________ __