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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1017 By: Deevers
AS INTRODUCED
An Act relating to the state Medicaid program;
defining terms; allowing coverage of educationally
necessary school-based services; proh ibiting certain
acts by the Oklahoma Health Care Authority; stating
requirements for school -based services; providing for
codification; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 5028.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this section :
1. “Individualized ed ucation program” or “IEP” means, in
accordance with the Individuals with Disabilities Education Act, a
specially designed instruction for the individual child to access
classroom instruction and activities to receive a free and
appropriate public education (FAPE) in the least restrictive
environment for the individual child. The IEP shall contain goals
with short term objectives, and each shall have objective means of
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measuring. As provided by the Individuals with Disabilities
Education Act:
a. any related service identified as therapy such as
physical therapy, occupational therapy, speech
language therapy, behavioral therapy, and
psychological therapy is considered medical and
therefore shall not be written into the IEP,
b. medically necessary related ser vices, accommodations,
modifications, and assistive technology shall be
attached to the IEP, and
c. only medically necessary related services that are
educationally necessary for the child to access
classroom instruction to make sure the child receives
a Free and Appropriate Public Education (FAPE) may be
written into the IEP.
Related services, medical, assistive technology, modifications,
and accommodations shall be attached to the child’s Individualized
Educational Plan, not written in the IEP;
2. “School-based services” means specially designed instruction
and services that are ed ucationally necessary for the eligible
student to receive a free and appropriate public education. This
excludes medically necessary services that are not included within
the definition of “educationally necessary ” under the Individuals
with Disabilities Education Act , such as non-educational health-
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related and rehabilitative services including, but not limited to,
health examinations, immunizations, flu vaccines, eye examinatio ns,
speech and language therapy, physical therapy, occupational therapy,
social work services, and psychological and counseling services.
These services are not the responsibility of the Oklahoma K -12
public schools and shall be the responsibility of the parents or
guardians to provide for their children off campus and after school
hours.
B. The state Medicaid program may cover educationally -necessary
school-based services in accordance with this section. The Oklahoma
Health Care Authority shall not:
1. Define school-based services more broadly than defined under
this section or the Individuals with Disabilities Education Act; or
2. Cover school-based health care that is not educationally
necessary under this section or the Individuals with Disabilities
Education Act.
C. School-based services may be provided only by a qualified
school provider to a student under twenty -one (21) years of age
pursuant to an individualized education program (IEP), in accordance
with the Individuals with Disabilities Educat ion Act. Payment may
be made only to qualified school providers for delivery o f school-
based services, provided that such services are educationally
necessary to receive a free and appropriate public education , and
sufficiently supported by appropriate documentation.
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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 reaso n whereof this act shall take effect and
be in full force from and after its pa ssage and approval.
60-1-1462 DC 1/16/2025 2:25:18 PM