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ENGROSSED HOUSE
BILL NO. 1424 By: Vancuren, Waldron, Alonso-
Sandoval, Ranson, Hefner
and Provenzano of the House
and
Garvin of the Senate
[ school employees - Education Employee Assistance
Program - rules and evaluation methods - program
records – confidentiality - disciplinary authority
– codification - 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 5-117.7 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. An Education Employee Assistance Program shall be created
within the Department of Mental Health and Substance Abuse Services.
The program may provi de assistance to public school districts in the
management of employees whose personal problems may have a negative
impact on job performance. The program may also provide for
assessment, referral, consultation, and proble m resolution
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assistance to school district employees and their family members
seeking corrective help with medical or mental health problems,
including alcohol or drug abuse and emotional, marital, familial,
financial, or other personal problems. Participation in the
Education Employee Assistance Program shall be voluntary.
B. The Department of Mental Health and Substance Abuse Services
may contract with entities to carry out the purposes and functions
of the Education Employee Assistance Program and shall establish
standards and criteri a for entities to be eligible to contract with
the Department.
C. The Board of Mental Health and Substance Abuse Services
shall:
1. Promulgate rules necessary for the administration o f the
Education Employee Assistance Pr ogram and the maintenan ce and
release of participant records; and
2. Establish evaluation methods to assess the effectiveness of
the Education Employee Assistance Program.
D. Nothing in this section shall nullify a school district's
existing employee ass istance program or prohibit a school district
from establishing its own employee assistance program; provided,
however, programs established by school districts shall be subject
to compliance with rules promulgate d by the Board to ensure
equitable treatment of employees.
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E. Records related to employee participation in the Education
Employee Assistance Program or an employee assistance program
established by a school district shall be maintained separate ly from
regular personnel records and shall not b ecome part of an employee's
personnel file. Records related to an individual's participation in
an employee assistance program shall be confidential and neither the
records nor the testimony of an Education Employee Assistance
Program professional shall be subject to subpoena unless a
participant poses a threat to deliberately harm others or engage in
self-harm. This determination shall be made by an Education
Employee Assistance Program professional. A participant in an
employee assistance program shall have a right to access his or her
own employee assistance program records.
F. Nothing in this section or the rules promulgated pursuant to
this section shall be construed to conflict with a school district's
responsibility and authority to maintain discipline or to take
disciplinary measures against employees if appropriate.
Participation or nonparticipation in any employee assistance program
shall not excuse an employee from discipline or otherwise affect the
terms and conditions of the employee's employment status with a
school district.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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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.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate