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Safe and Healthy Schools Legislation


Legislation Updates


Senate Bill 33- Vapor Products on School Property

Senate Bill 33, effective July 1, 2019, adds vapor products to the list of products prohibited under the 24/7 Tobacco-free Schools Act.

This bill further

  1. Defines "vapor product" shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form.

    • These products include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, cigar, cigarillo, pipe or similar product or device that may or may not contain nicotine.

    • These products do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.

  2. Adds vapor products to the 24/7 Tobacco-free Schools Act, prohibiting them from being in or on an educational facility, in school vehicles and at any school-sponsored or school-sanctioned event or activity.

Complete text of S.B. 33: 70 O.S. § 1210.212 (OSCN 2019) and  70 O.S. § 1210.213 (OSCN 2019)


Senate Bill 36- Physical Education Programs

Senate Bill 36, effective July 1, 2019, removes the requirement that school districts provide parents or guardians with annual physical activity reports.

Complete text of S.B.36


Senate Bill 48- Treatment of Cystic Fibrosis in Schools

Senate Bill 48, effective July 1, 2019, allows student to self-administer replacement pancreatic enzymes for the purpose of treating cystic fibrosis.

Existing law requires districts to adopt policies permitting the self-administration of certain medications by students with the authorization of a parent or legal guardian.

1. Requires school boards to adopt a policy to allow for the self-administration of replacement pancreatic enzymes by a student for treatment of cystic fibrosis.

2. Defines "medication" to include replacement pancreatic enzymes prescribed by a physician and having an individual label for purposes of self-administration.

3. Authorizes permission for self-administration of replacement pancreatic enzyme medication to be effective for the school year for which it is granted and requires the permission to be renewed each school year.

4. Allows a student who is permitted to self-administer a replacement pancreatic enzyme medication to possess and use the medication at all times.

Complete text of S.B.48


Senate Bill 85- Opiate Antagonists

Senate Bill 85, effective July 1, 2019, allows school nurse or any person designated by school administration to administer an opiate antagonist in the event of a suspected overdose.

  1. Defines “medical personnel at schools” to mean a certified school nurse or any other nurse employed by or under contract with a school, any licensed practitioner of the healing arts, or any person designated by the school administration to administer an opiate antagonist in the event of a suspected overdose.

  2. Defines “first responder” to include medical personnel at schools including any public or charter schools, technology center schools and institutions of higher education.

    •   Authorizes first responders to administer, without prescription, opiate antagonists when encountering an individual exhibiting signs of an opiate overdose and to provide opiate antagonist to individuals who have experienced or witnessed an opiate overdose for use at a later date.

  3. Authorizes any school nurse, public health nurse, licensed practitioner of the healing arts, nurse working under contract with a school district or any person designated by the school administration to administer an opiate antagonist in the  event of a suspected overdose.

  4. Allows the administration of a public school to authorize one or more persons employed by the school to receive training offered by the Department of Mental Health and Substance Abuse Services, a law enforcement agency or any other entity in recognizing the signs of an opiate overdose and administering an opiate antagonist.

    •  Designates persons to receive training including but not limited to the staff members required to receive annual training in cardiopulmonary resuscitation in and the Heimlich maneuver.

    •  Allows opiate antagonist  training materials to be accessed online through the State Department of Health or any entity if in-person training is not readily available in the area of the designated person or persons.

    •  Requires the training to include information on how to spot symptoms of an overdose, instruction in basic resuscitation techniques, instruction on proper administration of an opiate antagonist and the importance of calling 911.

  5.  Allows the administration of a school to authorize any person to administer an opiate antagonist to a student or other individual exhibiting signs of an overdose in the absence of the person or persons specifically designated and trained to do so.

  6. Allows any person administering an opiate antagonist to a student or other individual at a school site or school-sponsored event in a manner consistent with addressing an opiate overdose to be covered under the Good Samaritan Act. Provides immunity to a school and any of its employees or designee from civil liability in relation to the administration of an opiate antagonist in the event of a suspected overdose.

 Note:  This bill makes other changes to those who can administer opiate antagonist not relevant to schools.

Complete text of S.B. 85


Senate Bill 926- School Curriculum Materials

Senate Bill 926, effective July 1, 2019, requires schools that choose to offer sex education courses to include information about consent.

  1. Requires curriculum, materials, classes, programs, tests, surveys and questionnaires used for or in connection with sex education class or program include information about consent.

    •  Defines “consent” to mean the affirmative, ambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. 

Complete text of S.B. 926


Senate Bill 381- School Policy on Administering Medication 

Senate Bill 381, effective July 1, 2019, permits schools to stock Inhalers and administer an inhaler to a student believed to be in respiratory distress.

  1.  Allows school boards to elect a stock inhaler in addition to Epinephrine injectors, provided policies are amended to reflect the addition.

  2. Requires the school district policy to include: 

    • Informing the parent or legal guardian of each student in writing that a school nurse or school employee trained in a health care professional can administer an inhaler to a student whom the school in good faith believes is having respiratory distress

    • Designating an employee to be responsible for obtaining the inhalers and spacers or holding chambers at each school site.

    •  Notifying the parent or legal guardian after the inhaler has been administered.

  3. Allows a licensed physician who has prescriptive authority can write a prescription for inhalers and spacers or holding chambers to the school district in the name of the district as a body corporate.

  4. Authorizes a school district to maintain a minimum of two inhalers with spacers or holding chambers at each school site in a secure location.

  5. Defines “ respiratory distress” to mean the perceived or actual presence of coughing, wheezing or shortness of breath and “ inhaler” to mean a device  that delivers a bronchodilator to alleviate symptoms of respiratory distress that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler that may include a spacer or holding chamber that attaches to the inhaler to improve the delivery of the medicine. 

Complete text of S.B.381 


House Bill 2339- Administering Medication and Vaccinations to Children

 House Bill 2339, effective November 1, 2019, prohibits a student from being vaccinated at school without the prior written authorization of the parent or legal guardian.

  •  Prohibits a student from being vaccinated at school or on school grounds or to receive a vaccine as part of the mobile vaccination effort without prior written authorization from the parent or legal guardian for the student, in accordance with the Parents’ Bill of Rights. Written authorization must be obtained for each vaccine for group of vaccines administered in a single visit.

Complete text of H.B.2339 


Other Legislation Related to Health and Physical Education


AIDS Prevention Education 

A. Acquired immune deficiency syndrome (AIDS) prevention education shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the disease AIDS and its spread and prevention. Students shall receive such education:

  1. at the option of the local school district, a minimum of once during the period from grade five through grade six;
  2. a minimum of once during the period from grade seven through grade nine; and
  3. a minimum of once during the period from grade ten through grade twelve.

B. The State Department of Education shall develop curriculum and materials for AIDS prevention education in conjunction with the State Department of Health. A school district may also develop its own AIDS prevention education curriculum and materials. Any curriculum and materials developed for use in the public schools shall be approved for medical accuracy by the State Department of Health. A school district may use any curriculum and materials which have been developed and approved pursuant to this subsection.

C. School districts shall make the curriculum and materials that will be used to teach AIDS prevention education available for inspection by the parents and guardians of the students that will be involved with the curriculum and materials. Furthermore, the curriculum must be limited in time frame to deal only with factual medical information for AIDS prevention. The school districts, at least one (1) month prior to teaching AIDS prevention education in any classroom, shall conduct for the parents and guardians of the students involved during weekend and evening hours at least one presentation concerning the curriculum and materials that will be used for such education. No student shall be required to participate in AIDS prevention education if a parent or guardian of the student objects in writing to such participation.

D. AIDS prevention education shall specifically teach students that:

  1. engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus;
  2. avoiding the activities specified in paragraph 1 of this subsection is the only method of preventing the spread of the virus;
  3. sexual intercourse, with or without condoms, with any person testing positive for human immunodeficiency virus (HIV) antibodies, or any other person infected with HIV, places that individual in a high risk category for developing AIDS.

E. The program of AIDS prevention education shall teach that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on such methods puts a person at risk for exposure to the disease.

F. The State Department of Health and the State Department of Education shall update AIDS education curriculum material as newly discovered medical facts make it necessary.

70-11-103.3 


Senate Bill 1467 – Meningococcal Meningitis Act

A. At the beginning of each school year, when the board of education of a school district provides information on immunizations, infectious disease, medications, or other school health issues to parents and guardians of students in grades six through twelve, the board shall include information about meningococcal meningitis. The information shall include at least the causes and symptoms of meningococcal meningitis, how it is spread, sources for additional information about meningococcal meningitis, and the availability, effectiveness, and risks of vaccination against the disease.880

B. The State Department of Education, in cooperation with the State Department of Health, shall develop and make available to school districts information that meets the requirements of subsection A of this section. The State Department of Education shall develop and make the information available in the most cost-effective and programmatically effective manner available as determined by the Department, which shall at a minimum include posting the information on the Department’s website. (70-1210.195)


Senate Bill 239 – Chase Morris Sudden Cardiac Arrest Prevention Act

Effective July 1, 2015, the Chase Morris Sudden Cardiac Arrest Prevention Act requires:

  • That the State Department of Health and the State Department of Education jointly publish on their websites information to inform students, parents and coaches about the warning signs of sudden cardiac arrest.
  • That each year, prior to participation in an athletic activity the student’s parent or guardian sign and return an acknowledgement of receipt and review of the signs of sudden cardiac arrest. “Athletic activity” is defined as any sport sanctioned and offered by a local school district in grades seven through twelve.
  • Any student who collapses or faints without a concurrent head injury while participating in an athletic activity to be removed from participation. Any student who is removed may not return until the student is cleared in writing by a health care provider, defined as a person who is licensed, certified, or otherwise authorized by the laws of this state to practice a health care or healing arts profession or who administers health care in the ordinary course of business.
  • Each year coaches are required to complete a sudden cardiac arrest training course offered by a provider approved by the State Department of Health, and may not coach until completed.

In addition to the requirements the bill allows a school to hold an informational meeting regarding the signs of sudden cardiac arrest.

This bill does not create or eliminate any potential civil liability by the school or school employee.

Associated Information

Approved provider of Sudden Cardiac Arrest training courses for coaches:

Provider: National Federation of High Schools
Course: Sudden Cardiac Arrest
Course

Provider: Sports Safety International
Course: CardiacWise 2.0
Course

Complete text of S.B. 239


House Bill 1051 - Diabetes Management in School Act

Effective July 1, 2007, the Diabetes Management in Schools Act requires:

  • That a diabetes medical management plan be developed for each student with diabetes.
  • If a school does not have the services of a school nurse, they shall make an effort to recruit a volunteer diabetes care assistant.
  • The State Department of Health will develop guidelines and supervise training of the volunteer diabetes care assistant.
  • Each school district shall provide to each school employee responsible for transporting a diabetic student an information sheet for responding to an emergency.
  • The school will allow the diabetic student to manage his care, assessment, and treatment as needed while attending school or school activities. The school shall provide a private area where the student may attend to the management of their diabetes.
  • A school nurse shall not be liable for the actions performed by the volunteer diabetes care assistant.

Complete text of H.B. 1051

For more guidance on the requirements of Diabetes Management, visit the Oklahoma State Department of Health’s Guidelines for Diabetes Management in School.


House Bill 1378 CPR Training Act

Effective school year 2015-2016 the “Dustin Rhodes and Lindsey Steed CPR Training Act” requires:

  • That all students in public schools, between ninth grade and graduation, shall receive instruction in cardiopulmonary resuscitation (CPR).
  • That all students in public schools, between ninth grade and graduation, in the state shall receive instructional awareness of the purpose of automated external defibrillator.
  • That instruction in CPR shall be based upon an instructional program, which is nationally recognized and evidence-based. (See a list of programs that meet these requirements below.)
  • A school district may use emergency medical technicians, paramedics, police officers, firefighters, teachers, other school employees or other similarly qualified organizations to provide the instruction.
  • That instruction in CPR shall incorporate psychomotor skills training (the use of hands-on practice to support cognitive learning)
  • The instruction may be provided as part of any course.
  • A school administrator may waive the curriculum requirement for a student who has a disability.
  • A parent can request in writing that their student not be included in the instruction.
  • The State Board of Education shall establish a protocol for monitoring the requirements set forth by HB 1378
  • Two or more school districts may enter into an interlocal or multi-district cooperative agreement to fulfill the requirements of the law.

Associated Information:

  • Evidence-based programs are those using either the American Heart Association or Red Cross protocols.
  • CPR Sample Opt Out Form

Instructional Resources:

  • The American Heart Association offers several instructional resources with varying costs. The list below does not indicate mandated curriculum. Districts may choose alternative programs that are nationally recognized and evidence-based.

Complete Text of HB 1378


House Bill 2239 - Self-Administration of Anaphylaxis Medication

House Bill 2239 amends 70 O.S. § 1-116.3 to include adoption of a policy on or before September 1, 2008, that permits the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis.

This amendment expands previous legislation that directs local school boards to adopt a policy permitting the self-administration of inhaled asthma medication by a student for treatment of asthma. Anaphylaxis medication includes but is not limited to Epinephrine injectors, prescribed by a physician and having an individual label. A student who is permitted to self-administer anaphylaxis medication shall be permitted to possess and use the anaphylaxis medication at all times for the school year in which permission for self-administration is effective.

Complete text of H.B. 2239


Senate Bill 312 - Physical Education

Effective November 1, 2005, school districts must provide physical education programs to all students, which may include athletics. In addition, elementary schools are required to provide instruction in physical education or exercise programs for students in full-day Kindergarten through Grade 5 for a minimum of 60 minutes per week.

This bill further requires:

  • The State Board of Education to adopt rules to implement this law.
  • School districts to strongly encourage students to complete two units of physical education and health education as a graduation requirement.
  • Physical Education instruction to be aligned with the Priority Academic Student Skills.
  • The State Board of Education to disseminate information about the benefits of physical education to each school district.

Complete text of S.B. 312


Senate Bill 262 - Workplace Safety Training in Schools

SB 262 directs the State Department of Education in collaboration with the Oklahoma Department of Labor, to make available to school districts information regarding workplace safety training for grades seven through twelve.

  • Such information shall include the Oklahoma Department of Labor's "Youth @Work Talking Safety: A Safety and Health Curriculum for Young Workers".
  • The State Department of Education shall encourage school districts to inform grade seven through twelve teachers about the importance of incorporating workplace safety training in their curriculum.
  • The State Board of Education shall promo gate rules to implement the provisions of this act.

Complete text of SB 262


Senate Bill 519 - Physical Fitness Assessment Program and Pilots

S.B. 519 directs the State Department of Education and the State Department of Health to facilitate the development of a physical fitness assessment software program customized for public schools, effective July 1, 2008.

The software will track five components of student health-related physical fitness, including aerobic capacity, muscular strength, muscular endurance, flexibility, and a weight status assessment that includes measurement of height and weight, calculation of body mass index for age, and plotting of these measures on standard growth charts.

The software shall have the capability of creating a confidential individual student report. The program will be developed and made accessible to school districts at no cost.

The State Department of Health shall select at least fifteen elementary schools statewide to pilot the software program during the 2008-2009 school year. Pilot schools will assess all participating students in Grades three, four, and five. No school selected to participate in the pilot program shall be required to utilize the software program. No student shall be required to participate in the assessment if a parent or guardian of the student objects in writing.

Complete text of S.B. 519


Senate Bill 923 - Automated External Defibrillators

Senate Bill 923, effective July 1, 2008, mandates that automated external defibrillators be made available at schools if funding is available. Purchase of defibrillators is contingent upon the availability of federal money or donations from private organizations or from persons made for this purpose. The school district may make automated external defibrillators available at high school athletic practice or competition in the district.

Any school district that makes automated external defibrillators available in schools or on school district property shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willful wanton misconduct in accordance with Title 76 Section 5A. The State Department of Education will make available to school districts a list of private organizations or persons willing to make donations or that have resources available to schools for this purpose, federal programs or grants, and any other source of funding that school districts may use to purchase automated external defibrillators. The Department will also provide public recognition for private organizations or persons that provide funding to school districts for the purpose of purchasing automated external defibrillators.

Complete text of S.B. 923


Senate Bill 1186 - Additional 60 Minutes of Physical Activity Requirement

Senate Bill 1186 amends 70 O.S. § 11-103.9 beginning with the 2008-2009 school year. The amendment requires that public elementary schools provide to students in full-day Kindergarten and Grades one through five an average of an additional 60 minutes of physical activity each week, which may include, but not be limited to, physical education, exercise programs, fitness breaks, recess, classroom activities, and wellness and nutrition education.

This is a requirement for accreditation and each local school board shall determine the specific activities and means of compliance. Local boards should give consideration to the recommendations of each school’s Health and Fit Schools Advisory Committee in determining specific activities.

Complete text of S.B. 1186


Senate Bill 1459 - Healthy and Fit School Advisory Committee

In order to assist the Healthy and Fit School Advisory Committees in formulating recommendations about the health and physical activity of students, Senate Bill 1459 directs the State Department of Education, in consultation with the State Department of Health, to make available to schools information and technical assistance for use in:

  • Establishing healthy school nutrition environments;
  • Reducing childhood obesity;
  • Developing quality physical education and activity programs;
  • Preventing diet-related chronic diseases; and
  • Establishing, implementing, and evaluating school wellness policies.

The Healthy and Fit School Advisory Committees are encouraged to use the School Health Index available on the Centers for Disease Control and Prevention Web site or Oklahoma's Healthy and Fit Schools Scorecard available on the Governor's Council of Physical Fitness and Sports Web site as a program assessment and monitoring instrument.

Complete text of S.B. 1459

For more guidance on the requirements of Healthy and Fit School Advisory Committees, visit the Oklahoma State Department of Education’s guidance webpage.


Senate Bill 1627 - The Healthy and Fit Kids Act

The purpose of Senate Bill 1627 provides for a Healthy and Fit School Advisory Committee to be established at all public school sites. The committee shall:

  • Study and make recommendations to the principal regarding health education, physical education, physical activity, nutrition, and health services.
  • Be composed of at lease six members, including; teachers, administrators, parents of students, health care professionals, and business community representatives. The committee may be combined with its Safe School Committee, established pursuant to Section 24-100.5 of Title 70 of the Oklahoma Statues.

Complete text of S.B. 1627


Senate Bill 1700 - Sports Related Injuries

Senate Bill 1700 was effective July 1, 2010. This new law provides for the development and implementation of guidelines for school personnel and student athletes related to sports related head injuries.

The law directs each local school board to work in cooperation with the Oklahoma Secondary Schools Activities Association to develop guidelines, notification procedures, and other pertinent information and forms regarding the risk of concussion and head injury for student athletes.

Additional language provides for the removal from participation of a student athlete and requirements to return to play for the athlete.

Complete text of S.B. 1700

Oklahoma Department of Health's Concussion Resources


Senate Bill 1876 - Physical Education

Senate Bill 1876 was effective November 1, 2010. This amendatory law provides for the implementation of a sequential, developmentally appropriate physical education curriculum and requires that at least fifty percent (50%) of physical education activities be performed at a moderate or vigorous level.

Amendatory language directs each school district to establish specific objectives and goals for the district’s physical education curriculum and directs the State Board of Education to ensure that schools emphasize: the knowledge and skills appropriate for a lifetime of regular physical activity; moderate or vigorous activity levels; opportunity to participate in many types of physical activity including cooperative and competitive games; meets the needs of students of all physical ability levels; teaches self-management and movement skills, cooperation, fair play, and responsible participation; promotes physical activity outside of school; and allows physical education classes to be an enjoyable experience for students.

Complete text of S.B. 1876


Senate Bill 1795 - Vision Screening

Senate Bill 1795 was effective November 1, 2006. This law requires the parent or guardian of each student enrolled in kindergarten, first, and third grade at a public school in this state to provide certification to school personnel that the student passed a vision screening within the previous twelve (12) months or during the school year. School districts will report the vision screening data to the Oklahoma State Department of Education, who will issue an annual report to the State Board of Education.

Complete text of 70 O.S.1210.284

 

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Last updated on August 4, 2020