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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 702 By: Deevers
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 11-103.12 and 11-103.13, which relate to the
Health Education Act; updating st atutory references;
updating statutory language; modifying purpose of
act; defining terms; modifying topics to be included
in health education; modifying duties of the State
Department of Education in implementing the Health
Education Act; prohibiting heal th education from
being integrated into existing subjects; directing
the State Department of Education to review, and the
State Board of Education to approve , curricula,
materials, supplementary materials, tests, surveys,
and questionnaires; requiring scho ol districts to use
approved curricula, materials, tests, surveys, and
questionnaires; requiring school district boards of
education to electronically submit certain annual
report to the State Department of Education;
providing for contents of report; dire cting the State
Board of Education to establish certain process to
receive written complaints of violations; allowing
the Board to report certain school district as
deficient upon finding of violation; amending Section
1, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2024,
Section 24-159), which relates to mental health
crisis protocols; updating statutory reference;
removing language providing for certain review of
protocols and working agreements; repealing 70 O.S.
2021, Sections 11-103.9b and 24-158, as amended by
Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp.
2024, Section 24-158), which relate to Maria ’s Law
and the Oklahoma Prevention Needs Assessment Survey;
providing an effective date; and declaring an
emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 11 -103.12,
is amended to read as follows:
Section 11-103.12. A. Sections 1 11-103.12 through 3 11-103.14
of this act title shall be known and may be cited as the “Health
Education Act”.
B. The purpose of this act the Health Education Act is to:
1. Ensure provide students receive instruction in with the
skills and knowledge in physical health, particularly at an early
age when habits are formed;
2. Support the health and well-being of children that have been
affected by traumatic experiences;
3. Improve academic outcomes for students; and
4. Improve the overall health outcomes of Oklahoma ’s population
exercise, and nutrition they need to be healthy througho ut their
lives, provide parents and legal guardians with informed consent,
and provide school districts in this state with health education
guidance.
C. As used in the Health Education Act:
1. “Benchmark” means the identification of what a student will
know and be able to demonstrate by the end of each grade level;
2. “Health education” means providing students with knowledge
and skills they need to be healthy throughout their lives by
including motivation for students to maintain and improve their
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health by way of nutrition, physical exercise, and physical
activities;
3. “Informed consent” means voluntary written consent from a
person who received full, accurate, and sufficient information and
explanation about a student ’s medical condition, medication, and
treatment to enable the person to make a knowledgeable decision
without being subjected to deceit or coercion;
4. “Nutrition” means the total processes involved in the taking
in and utilization of food substances by which growth, repair, and
maintenance of the body are accomplished; and
5. “Standard” means an objective genera l statement that
identifies what the student is expected to achieve.
D. The State Board of Education may promulgate rules to
implement the provisions of this act the Health Education Act.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 11 -103.13,
is amended to read as follows:
Section 11-103.13. A. Health education shall be taught in the
public schools of this state. Health education shall include but is
not be limited to physical:
1. Physical health, mental health, social and emo tional health
and intellectual health not to include sex education or gender
theory;
2. Physical exercise;
3. Physical activities; and
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4. Nutrition.
B. By the 2022-2023 2025-2026 school year, the State Department
of Education shall:
1. Develop a micro-credential for teachers who are assigned the
responsibility of teaching health education; and standards and
benchmarks for:
a. physical health, not to include sex education or
gender theory,
b. physical exercise,
c. physical activities, and
d. nutrition; and
2. Develop professional development programs that are designed
to help teachers provide instruction in physical health education
and incorporate the curriculum into existing coursework and
instruction where appropriate , physical exercise, physical
activities, and nutrition . The professional development provided as
part of this act the Health Education Act shall not be construed to
be in addition to existing professional deve lopment requirements.
C. By the 2023-2024 2025-2026 school year, school distr icts
shall provide instruction addressing all health education subject
matter standards, as adopted by the State Board of Education
pursuant to Section 11 -103.6 of Title 70 of the Oklahoma Statutes
this title. Health education may be integrated into one or more
existing subjects or provided as an addition to existing coursework.
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D. Teachers assigned to teach health education as a stand-alone
course shall be certified in physical and health education. The
State Department of Education is authorized to iss ue a provisional
certificate, valid for not more than two (2) years, to individuals
assigned to teach a stand-alone health education course in order to
afford the individual the opportunity to obtain certification in
physical and health education.
E. The State Department of Education shall review, and the
State Board of Education shall approve, all digital and hard copies
of curricula, materials, supplementary materials, tests, s urveys,
and questionnaires related to implementation of the Health Education
Act. For statewide consistency, transparency, and accountability,
all public school districts in this state shall use Board -approved
curricula, materials, supplementary materials , tests, surveys, and
questionnaires.
F. The State Textbook Committee shall include a review of
health and physical education instructional materials as part of its
textbook review and adoption cycle.
G. By July 1, 2027, and by each July 1 thereafter, sc hool
district boards of education in this state shall electronically
submit a report to the State Department of Education describing the
implementation of the instruction and curriculum required by the
Health Education Act during the previous year .
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H. The State Board of Education shall establish a process by
which individuals in this state who believe a school district has
committed a violation of the Health Education Act may submit a
written complaint to the Board. Upon a finding by the Board that a
school district has committed a violation of the Health Education
Act, the Board may report the school district as deficient on its
accreditation report for the following year.
SECTION 3. AMENDATORY Section 1, Chapter 281, O.S.L.
2022 (70 O.S. Supp. 2024, Section 24 -159), is amended to read as
follows:
Section 24-159. A. Each public school district shall maintain
a protocol for responding to students in mental health crisis with
the goal of preventing student suicide, self -harm, and harm to
others.
1. The protocol shall be developed, maintained, and implement ed
in partnership with one or more local mental health treatment
providers certified by the Department of Mental Health and Substance
Abuse Services. At least one provider partn er shall have:
a. the ability to serve all school -aged children
regardless of insurance status, and
b. the ability and certification to provide mental health
crisis services in the region where students attend
school.
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2. Any organization certified by the state as a community
mental health center as defined in Section 3 -302 of Title 43A of the
Oklahoma Statutes or a Certified Community Behavioral Health Clinic
shall serve as a school partner if requested by a school district
located in its state -designated service area.
B. The protocol for responding to mental health crises shall,
at a minimum:
1. Provide a definition of mental health crisis involving
potential for harm to self or others;
2. Document how mental health crises may be identified by
school administrators, teachers, support employees, and school -based
mental health professionals;
3. Outline nonpunitive steps to safeguard student health and
safety in response to an immediate or potential mental health
crisis;
4. Identify local treatment provid ers and resources available
to support students and families in mental health crisis and ensure
appropriate referrals to treatment;
5. Outline a process for ensuring parent and caregiver
notification and involvement during an actual or potential mental
health crisis; and
6. Document how student privacy will be protected in complia nce
with applicable state and federal laws.
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C. If a student who is under eighteen (18) years of age is
identified as being in or at risk of a mental health crisis, the
school shall inform the parent or legal guardian of the student and
offer the treatment referral information contained in the protocol.
Parent or legal guardian consent shall be required for any
subsequent action taken by the school as part of the protocol except
in cases of immediate and life -threatening danger to self or others.
D. All protocols developed by school districts and partner
organizations shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and Family Educational Rights and
Privacy Act of 1974 (FERPA) privacy requirements.
E. School administrators, teachers, support employees, and
school-based mental health providers shall be provided ready access
to and regular training on the protocol.
F. A working agreement sh all be signed by the school district
board of education and each identified me ntal health provider
partner outlining all obligations of the parties under the
established protocol and a strategy for regularly reviewing its
effectiveness using anonymous, non identifiable data.
G. Not less than every two (2) years, the school district and
its mental health provider partners shall jointly review the
protocol and working agreements and consider any updates necessary
to better meet the needs of students. School districts and mental
health provider partners shall include in their review pr ocess
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information gathered from the Oklahoma Prevention Needs Assessment
Survey or an alternative survey, as provided for in Section 24 -158
of Title 70 of the Oklahoma Statutes.
H. Each school district shall submit the latest protocol and
working agreements to the State Department of Education, which shall
share the protocols and agreements with the Department of Mental
Health and Substance Abuse Services. These agencies may req uire
revisions to ensure compliance with applicable laws, regulations,
and established evidence-based practices.
I. H. The Department of Mental Health and Substance Abuse
Services and the State Department of Education shall provide
technical assistance to school districts and their provider partners
by:
1. Making available an optional template protocol which
satisfies the provisions of this section;
2. Making available an optional template working agreement
which can be adopted by schools and provider pa rtners;
3. Providing school districts with lists of local public and
private treatment providers eligible to serve as partners in the
development and maintenance of a protocol;
4. Providing information on any available mental health crisis
phone line;
5. Making available information on evidence -based practices for
meeting the mental health needs of students; and
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6. Providing ongoing assistance and consultation as requested
by a school district.
J. I. The Board of Mental Health and Substance Abuse Servi ces
and the State Board of Education may promulgate rules as necessary
to ensure compliance with this section.
K. J. Nothing in this section shall be construed to create,
establish, expand, reduce, contract, or eliminate any civil
liability on the part of any school or school employee.
SECTION 4. REPEALER 70 O.S. 2021, Sections 11 -103.9b and
24-158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S.
Supp. 2024, Section 24 -158), are hereby repealed.
SECTION 5. This act shall become effective July 1, 2025.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect a nd
be in full force from and after its passage and approval.
60-1-1284 EB 1/15/2025 9:45:50 AM