Oklahoma 2025 Regular Session

Oklahoma House Bill HB1475 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1475 By: Adams
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3838 AS INTRODUCED
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4040 An Act relating to schools; amending 70 O.S. 2021,
4141 Section 1210.189, which relates to prohibited COVID -
4242 19-related requirements; prohibitin g student
4343 distinctions based on vaccination status; stating
4444 prohibited acts; providing penalty for violations;
4545 amending 70 O.S. 2021 , Section 1210.191, which
4646 relates to required immunizations; providing penalty
4747 for certain violations; providing an effectiv e date;
4848 and declaring an emergency.
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.189, is
5656 amended to read as follows:
5757 Section 1210.189. A. A board of education of a public school
5858 district or a technology center school district, the board of
5959 regents of an institution within The Oklahoma State System of Higher
6060 Education, the governing board of a private postsecondary
6161 educational institution, the Oklahoma State Reg ents for Higher
6262 Education, the State Board of Education or the State Board of Career
6363 and Technology Education shall not:
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9090 1. Require a vaccination against Coronavirus disease 2019
9191 (COVID-19) as a condition of admittance to or attendance of the
9292 school or institution;
9393 2. Require a vaccine passport as a condition of admittance to
9494 or attendance of the school or institution; or
9595 3. Implement a mask mandate for students who have not been
9696 vaccinated against COVID -19; or
9797 4. Distinguish between students based on t heir vaccination
9898 status. Actions prohibited by this paragraph include, but ar e not
9999 limited to, discrimination in any of the following acts:
100100 a. determination of eligibility for athletics or other
101101 extracurricular activities,
102102 b. allowing or denying participa tion inside and outside
103103 of the classroom,
104104 c. issuance of surveys to students relative to
105105 vaccination status, and
106106 d. organizing seating arrangements .
107107 B. As used in this section, "vaccine passport" means
108108 documentation that an individual has been vaccinated against COVID-
109109 19.
110110 C. A school district that violates any or all of the provis ions
111111 of this section shall receive a penalty of a five percent (5%)
112112 reduction in state funding. Said penalty shall be applied in the
113113 State Department of Education's next funding distribution and shall
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140140 continue for the school's current fiscal year through the following
141141 fiscal year.
142142 D. Nothing in this section shall be construed to apply to any
143143 public or private healthcare setting.
144144 SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.191, is
145145 amended to read as follows:
146146 Section 1210.191. A. No minor child shall be admitted to any
147147 public, private or parochial school operating in this state unless
148148 and until certification is presented to the appropriate school
149149 authorities from a licensed physician, or authorized representative
150150 of the State Department of Health, that such child has received or
151151 is in the process of receiving, immunizations against diphtheria,
152152 pertussis, tetanus, haemophilus influenzae type B (HIB), me asles
153153 (rubeola), rubella, poliomyelitis, varicella and hepatitis A or is
154154 likely to be immune as a result of the disease.
155155 B. Immunizations required, and the manner and frequency of
156156 their administration, as prescribed by the State Commissioner of
157157 Health, shall conform to recognized standard medical practices in
158158 the state. The State Department of Health shall supervise and
159159 secure the enforcement of the required immunization program. The
160160 State Department of Education and the governing boards of the school
161161 districts of this state shall render reasonable assistance to the
162162 State Department of Health in the enforcement of the provisions
163163 hereof.
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190190 C. The Commissioner, by rule, may alter the list of
191191 immunizations required after notice and hearing. Any change in the
192192 list of immunizations required shall be submitted to the next
193193 regular session of the Legislature and such change shall remain in
194194 force and effect unless and until a concurrent resolution of
195195 disapproval is passed. Hearings shall be conducted by the
196196 Commissioner, or such officer, agents or employees as the
197197 Commissioner may designate for that purpose. The Commissioner shall
198198 give appropriate notice of the proposed change in the list of
199199 immunizations required and of the time and place for hearing. The
200200 change shall become effective on a date fixed by the Commissioner.
201201 Any change in the list of immunizations required may be amended or
202202 repealed in the same manner as provided for its adoption.
203203 Proceedings pursuant to this subsection shall be governed by the
204204 Administrative Procedures Act.
205205 D. The State Department of Education and the gove rning boards
206206 of the school districts of this state shall provide for release to
207207 the Oklahoma Health Care Authority of the immunization records of
208208 school children covered under Ti tle XIX or Title XXI of the federal
209209 Social Security Act who have not received the required immunizations
210210 at the appropriate time. The information received pursuant to such
211211 release shall be transmitted by the Oklahoma Health Care Authority
212212 to medical providers who provide services to such children pursuant
213213 to Title XIX or Title XXI to assist in their efforts to increase the
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240240 rate of childhood immunizations pursuant to the requirements of the
241241 Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
242242 services provisions. The provisions of this subsection shall not be
243243 construed to prohibit or affect the eligibility of any child to
244244 receive benefits pursuant to Title XIX or Title XXI of the Social
245245 Security Act or to require the immunization of any child if su ch
246246 child is exempt from the immunization requirements pursuant to law.
247247 The name of any child exempt from immunization pursuant to Section
248248 1210.192 of this title shall not be included in the information
249249 transmitted pursuant to this subsection.
250250 E. The State Department of Education shall provide and ensure
251251 that each school district in this state provides, on the school
252252 district website and in any notice or publication provided to
253253 parents regarding immunization requests, the following information
254254 regarding immunization requirements for school attendance: “For
255255 school enrollment, a pare nt or guardian shall provide one of the
256256 following:
257257 1. Current, up-to-date immunization records; or
258258 2. A completed and signed exemption form.”
259259 F. A school district that violate s any or all of the provisions
260260 of this section shall receive a penalty of a five percent (5%)
261261 reduction in state funding. Said penalty shall be applied in the
262262 State Department of Education's next funding distribution and shall
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289289 continue for the school's cu rrent fiscal year through the following
290290 fiscal year.
291291 SECTION 3. This act shall become effective July 1, 2025.
292292 SECTION 4. It being immediately necessary for the preservation
293293 of the public peace, health or safety, an emergen cy is hereby
294294 declared to exist, by reason whereof this act shall take effect and
295295 be in full force from and after its passage and approval.
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297297 60-1-11017 SW 01/14/25