Okla. Stat. tit. 70, § 70-3-169
This is the official text of Okla. Stat. tit. 70, § 70-3-169, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.
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Disclosure of mental health treatment of students -
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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