1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1539 By: Haste
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 24-158, as amended by Section 2, Chapter 281,
8 O.S.L. 2022 (70 O.S. Supp. 2023, Section 24-158),
8 which relates to the Oklahoma Prevention Needs
9 Assessment Survey; providing for administration of
9 survey only to students with certain written consent;
10 requiring certain notification to include certain
10 information about opting in to a survey or tool;
11 requiring electronic submission of certain report;
11 updating statutory language; providing an effective
12 date; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-158, as
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16 amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2023,
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17 Section 24-158), is amended to read as follows:
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18 Section 24-158. A. The “Oklahoma Prevention Needs Assessment
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19 Survey” means the biennial mental health prevention survey of public
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20 school students in grades six, eight, ten, and twelve managed by the
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21 Department of Mental Health and Substance Abuse Services.
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22 B. Beginning in the 2022-2023 school year, and biennially
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23 thereafter, public schools shall administer the Oklahoma Prevention
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24 Needs Assessment Survey, or an alternative survey as provided in
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 1 subsection D of this section, only to students with written consent
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2 as provided for in subsection E of this section for the purpose of
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3 providing direction to schools, school districts, and communities to
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4 effectively improve the lives of students regarding a variety of
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5 issues with a focus on alcohol, tobacco, other drug use, mental
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6 health, academic failure, and violence.
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7 C. The Department of Mental Health and Substance Abuse Services
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8 shall maintain the Oklahoma Prevention Needs Assessment Survey and
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9 shall provide technical assistance for schools in survey
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10 administration, reporting, planning, and development of school
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11 mental health prevention and intervention strategies informed by the
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12 survey results.
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13 D. If a school or school district chooses to administer an
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14 alternative survey or assessment tool to fulfill the purpose
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15 described in subsection B of this section, it may apply for a waiver
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16 through the Department of Mental Health and Substance Abuse
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17 Services.
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18 E. The school district superintendent or his or her designee
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19 shall provide prior written notification to the parents or legal
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20 guardians of students to be administered the Oklahoma Prevention
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21 Needs Assessment Survey or an alternative survey or assessment tool
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22 adopted pursuant to subsection D of this section. The notification
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23 shall include information to parents and legal guardians that they
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24 may opt their student out of in to the survey or assessment tool by
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 1 providing written notice consent to the school district. Only
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2 students whose parents or legal guardians have provided written
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3 consent to participate in the Oklahoma Prevention Needs Assessment
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4 Survey or an alternative survey or assessment tool shall be
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5 administered the survey or tool.
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6 F. Prior to the biennial administration of the Oklahoma
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7 Prevention Needs Assessment Survey, the Department of Mental Health
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8 and Substance Abuse Services shall electronically submit the survey
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9 to the President Pro Tempore of the Oklahoma State Senate, the
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10 Speaker of the Oklahoma House of Representatives, the chairs of the
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11 committees with responsibility over common education in both houses
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12 of the Legislature, and the chairs of the committees with
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13 responsibility over public health in both houses of the Legislature.
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14 G. The provisions of this section shall be subject to the
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15 availability of federal funding. If federal funding is insufficient
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16 to provide the Oklahoma Prevention Needs Assessment Survey to public
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17 schools on a biennial basis, administration of the survey shall not
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18 be required administered.
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19 H. The Board of Mental Health and Substance Abuse Services and
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20 the State Board of Education may promulgate rules as necessary to
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21 carry out the provisions of this section.
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22 SECTION 2. This act shall become effective July 1, 2024.
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23 SECTION 3. It being immediately necessary for the preservation
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24 of the public peace, health, or safety, an emergency is hereby
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 1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 59-2-2620 EB 1/2/2024 4:40:35 PM
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