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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1589 By: Johns
AS INTRODUCED
An Act relating to school employees; creating an
Education Employee Assistance Program within the
Department of Mental Health and Substanc e Abuse
Services; authorizing program to assist school
districts in managing certain employees; permitting
program to provide additional services; requiring
program participation to be voluntary; allowing
Department to contract with certain entities;
directing Board of Mental Health and Substance Abuse
Services to promulgate rules a nd establish evaluation
methods; construing provisions of section; subjecting
existing programs to compliance with promulgated
rules; mandating separate maintenance of program
records; prescribing records to be confidential and
subject to subpoena; providing exception for
confidentiality; requiring participant to have access
to his or her program records; construing provision
related to school district 's disciplinary authority;
providing for codification; providing an effective
date; and declaring an emerge ncy.
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 5-117.8 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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A. An Education Employee Assistance Program shall be created
within the Department of Mental Health and Substance Abuse Services.
The program may provide assistance to public school districts in the
management of employees whose per sonal problems may have a negative
impact on job performance. The program may also provide for
assessment, referral, consultation, and problem resolution
assistance to school di strict 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 Assi stance Program shall be voluntary.
B. The Department of Mental Health and Sub stance Abuse Services
may enter into contracts to carry out the purposes and functions of
the Education Employee Assistance Program and establish standards
and criteria which sha ll be met by 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 of the
Education Employee Assistance Program and the maintenance and
release of participant records; and
2. Establish evaluation methods to as sess the effectiveness of
the Education Employee Assistance Program.
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D. Nothing in this section shall nullify a school district 's
existing employee assistance program or prohibi t a school district
from establishing its own employee assistance program; provided,
however, such programs established by school districts shall be
subject to compliance with rules promulgated by the Board to ensure
equitable treatment of employees.
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 separately from
regular personnel records and shall not become 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 unle ss a
participant poses a threat to deliberately harm the participant or
others. 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 education employee
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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, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall take effect and
be in full force from and after i ts passage and approval.
60-1-12157 AQH 01/04/25