2022 Oklahoma Statutes
Title 70. Schools
§70-3-169. Disclosure of mental health treatment of students - Accommodations plan.

A. Beginning with the 2023-2024 school year, prior to enrollment the parent or legal guardian of a student may disclose to the student's resident district, as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, if the student has received inpatient or emergency outpatient mental health services from a mental health facility in the previous twenty-four (24) months. For the purposes of this section, "mental health facility" shall have the same meaning as Section 5-502 of Title 43A of the Oklahoma Statutes.

B. If a disclosure provided for in subsection A of this section occurs, designated school personnel, which may include members of the individualized education program (IEP) team, shall meet with the parent or legal guardian of the student and representatives of the mental health facility prior to enrollment to determine whether the student is in need of any accommodations including but not limited to an IEP in accordance with the Individuals with Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the Rehabilitation Act of 1973. The meeting required by this section may take place in person, via teleconference, or via videoconference.

C. The disclosure and subsequent handling of personal health information and related student education records pursuant to this section shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

D. The State Board of Education shall promulgate rules to implement the provisions of this section.

Added by Laws 2022, c. 247, § 1, eff. July 1, 2022.