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ENGROSSED SENATE
BILL NO. 1539 By: Haste of the Senate
and
Vancuren of the House
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 administration of
survey only to students with certain written consent;
requiring certain notification to include certain
information about opting in to a survey or tool;
requiring electronic submission of certain report;
updating statutory language; providing an effective
date; and declaring an emergency .
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 of public
school students in grades six, eight, ten, and twelve managed by the
Department of Mental Health and Substance Abuse Servic es.
B. Beginning in the 2022 -2023 school year, and biennially
thereafter, public schools shall administer the Oklahoma Prevention
Needs Assessment Survey, or an alternative survey as provided in
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subsection D of this section, only to students with written consent
as provided for in subsection E of this section for the purpose of
providing direction to schools, school districts, and commu nities 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 Services
shall maintain the Oklahoma Prevention Needs Assessment Survey and
shall provide technical assistance for schools in survey
administration, reporting, planning, and development of school
mental health prevention and intervention strategies informed by the
survey results.
D. If a school or school district chooses to administer an
alternative survey or assessment tool to fulfill the purpo se
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 the Oklahoma Prevention
Needs Assessment Survey or an alternative survey or asse ssment tool
adopted pursuant to subsection D of this section. The notification
shall include information to parents and l egal guardians that they
may opt their student out of in to the survey or assessment tool by
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providing written notice consent to the school district. Only
students whose parents or legal guardians have provided written
consent to participate in the Oklahoma Prevention Needs Assessment
Survey or an alternative survey or assessment tool shall be
administered the survey or tool.
F. Prior to the biennial administration of the Oklahoma
Prevention Needs Assessment Survey, the Department of Mental Health
and Substance Abuse Services shall electronically submit the survey
to the President Pro Tempore of the Oklahoma State Senate, the
Speaker of the Oklahoma House of Representatives, the chairs of the
committees with responsibility over common education in both houses
of the Legislature, and the chairs of the committees with
responsibility over public health in both houses of the Legislature.
G. The provisions of this section shall be subject to the
availability of federal funding. If federal funding is insufficie nt
to provide the Oklahoma Prevention Needs Assessment Survey to public
schools on a biennial basis, administration of the survey shall not
be required administered.
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 ef fective July 1, 2024.
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 this act shall take effect and
be in full force from a nd after its passage and approval.
Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives