Req. No. 9708 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (202 4) HOUSE BILL 3800 By: Conley AS INTRODUCED An Act relating to schools; amending 70 O.S. 2021, Section 24-158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2023, Section 24-158), which relates to the Oklahoma Prevention Needs Assessment Survey; providing for optional administration of and part icipation in survey; including certain information in notification; providing for written parental permission to participate; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 24 -158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2023, Section 24-158), is amended to read as follows: Section 24-158. A. The "Oklahoma Prevention Needs Assessment Survey" means the biennial mental health prevention survey o f public school students in grades six, eight, ten , and twelve managed by the Department of Mental Health and Substance Abuse Services. B. Beginning in the 2022 -2023 school year, and biennial ly thereafter, public schools shall may administer the Oklahoma Prevention Needs Assessment Survey, or an alternative survey as Req. No. 9708 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided in subsection D of this section, for the purpose of providing direction to schools, school di stricts, and communities to effectively improve the lives of students regarding a variety of issues with a focus on alcohol, tobacco, other drug use, mental health, academic failure, and violence. C. The Department of Mental Health and Substance Abuse Ser vices shall maintain the Oklahoma Prevention Needs Assessment Survey and shall provide technic al assistance for schools in survey administration, reporting, planning , and development of school mental health prevention and intervention strategies informed b y the survey results. D. If a school or school district chooses to administer an alternative survey or assessment tool to fulfill the purpose described in subsection B of this section, it may apply for a waiver through the Department of Mental Health and Substance Abuse Services. E. The school district superintendent or his or her designee shall provide prior written notification to the parents or legal guardians of students to be administered who have the option to participate in the Oklahoma Prevention Needs Assessment Survey or an alternative survey or assessment tool adopted pu rsuant to subsection D of this section. The notification shall include a copy of the survey or assessment tool and information to parents and legal guardians that they may opt allow their student out of to Req. No. 9708 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 participate in the survey or assessment tool by providing written notice permission to the school district. F. Prior to the biennial administration of the Oklahoma Prevention Needs Assessment Survey, the Department of Mental H ealth and Substance Abuse Services shall submit the survey to the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representative s, the chairs of the committees with responsibility over common ed ucation in both houses of the Legislature, and the chairs of the committees with responsibility over public health in both houses of the Legisla ture. G. The provisions of this section shall be subject to the availability of federal funding . If federal funding is insufficient to provide the Oklahoma P revention Needs Assessment Survey to public schools on a biennial basis, administration of the s urvey shall not be required. H. The Board of Mental Health and Substance Abuse Services and the State Board of Education may promulgate rules as necessary to carry out the provisions of this section. SECTION 2. This act shall become effective November 1, 2024. 59-2-9708 EK 01/18/24