Okla. Stat. tit. 70, § 70-24-159

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 implemented

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 partner 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.

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

Oklahoma Statutes - Title 70. Schools Page 954

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 providers 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 compliance

with applicable state and federal laws.

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 (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 shall be signed by the school district

board of education and each identified mental health provider

partner outlining all obligations of the parties under the

established protocol and a strategy for regularly reviewing its

effectiveness using anonymous, nonidentifiable 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 process

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.

Oklahoma Statutes - Title 70. Schools Page 955

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 require

revisions to ensure compliance with applicable laws, regulations,
the Oklahoma Statutes.

Oklahoma Statutes - Title 70. Schools Page 955

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 require

revisions to ensure compliance with applicable laws, regulations,

and established evidence-based practices.

I. 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 partners;

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

6. Providing ongoing assistance and consultation as requested

by a school district.

J. The Board of Mental Health and Substance Abuse Services and

the State Board of Education may promulgate rules as necessary to

ensure compliance with this section.

K. 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.