Bill Text For SB0742 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 742                  By: Smalley of the Senate         |
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 6|                                         and                           |
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 7|                                         Munson of the House           |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to students; amending 63 O.S. 2011,             |
  |       Section 1-227.2, as amended by Section 47, Chapter              |
11|       229, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1-                |
  |       227.2), which relates to the duties of the Office of            |
12|       Child Abuse Prevention; directing annual report to              |
  |       include certain statistics; updating statutory                  |
13|       references; amending 70 O.S. 2011, Section 10-109,              |
  |       which relates to temporary detention and custody of             |
14|       children; directing school districts to submit                  |
  |       truancy annual reports to State Department of                   |
15|       Education; requiring reports to comply with federal             |
  |       privacy law; amending 70 O.S. 2011, Section 24-120,             |
16|       which relates to truancy reports; directing district            |
  |       attorneys to submit annual truancy reports to                   |
17|       Department; requiring reports to comply with federal            |
  |       privacy law; directing Department to submit certain             |
18|       reports to the Office of Child Abuse Prevention;                |
  |       requiring establishment of procedure for exchange of            |
19|       information; mandating compliance with federal                  |
  |       privacy law; directing Office of Child Abuse                    |
20|       Prevention to review reports; providing for a family            |
  |       assessment to offer or refer services; directing                |
21|       State Board of Education to share certain information           |
  |       and reports with the Department of Human Services;              |
22|       establishing procedure for exchange of information;             |
  |       providing for codification; providing an effective              |
23|       date; and declaring an emergency.                               |
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arsid539982 SB742 HFLR                                             Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     63 O.S. 2011, Section 1-227.2, as    |
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 3|amended by Section 47, Chapter 229, O.S.L. 2013 (63 O.S. Supp. 2018,   |
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 4|Section 1-227.2), is amended to read as follows:                       |
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 5|    Section 1-227.2  A.  The Office of Child Abuse Prevention,         |
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 6|giving consideration to the recommendations of the Infant and          |
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 7|Children's Health Advisory Council created in Section 44 of this act   |
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 8|1-103a.1 of this title, is hereby authorized and directed to:          |
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 9|    1.  Prepare and implement a comprehensive state plan for the       |
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10|planning and coordination of child abuse prevention programs and       |
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11|services and for the establishment, development and funding of such    |
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12|programs and services, and to revise and update said the plan          |
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13|pursuant to the provisions of Section 1-227.3 of this title;           |
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14|    2.  Monitor, evaluate and review the development and quality of    |
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15|services and programs for the prevention of child abuse and neglect,   |
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16|publish and distribute an annual report of its findings on or before   |
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17|January 1 of each year to the Governor, the Speaker of the House of    |
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18|Representatives, the President Pro Tempore of the Senate and to the    |
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19|chief administrative officer of each agency affected by the report.    |
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20|The report shall include:                                              |
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21|         a.    activities of the Office,                               |
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22|         b.    a summary detailing the demographic characteristics     |
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23|              of families served including, but not limited to, the    |
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24|              following:                                               |
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arsid539982 SB742 HFLR                                             Page 2
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 1|              (1)   age and marital status of parent(s),               |
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 2|              (2)   number and age of children living in the           |
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 3|                   household,                                          |
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 4|              (3)   household composition of families served,          |
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 5|              (4)   number of families accepted into the program by    |
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 6|                   grantee site and average length of time enrolled,   |
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 7|              (5)   number of families not accepted into the program   |
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 8|                   and the reason therefor, and                        |
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 9|              (6)   average actual expenditures per family during      |
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10|                   the most recent state fiscal year,                  |
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11|         c.    recommendations for the further development and         |
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12|              improvement of services and programs for the             |
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13|              prevention of child abuse and neglect, and               |
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14|         d.    budget and program needs, and                           |
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15|         e.    statistics developed based on the reports received      |
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16|              pursuant to Section 4 of this act; and                   |
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17|    3.  Conduct or otherwise provide for or make available             |
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18|continuing professional education and training in the area of child    |
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19|abuse prevention.                                                      |
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20|    B.  For the purpose of implementing the provisions of the Child    |
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21|Abuse Prevention Act, the State Department of Health is authorized     |
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22|to:                                                                    |
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23|    1.  Accept appropriations, gifts, loans and grants from the        |
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arsid539982 SB742 HFLR                                             Page 3
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 1|state and federal government and from other sources, public or         |
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 2|private;                                                               |
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 3|    2.  Enter into agreements or contracts for the establishment and   |
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 4|development of:                                                        |
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 5|         a.   programs and services for the prevention of child        |
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 6|              abuse and neglect,                                       |
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 7|         b.   training programs for the prevention of child abuse      |
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 8|              and neglect, and                                         |
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 9|         c.   multidisciplinary and discipline specific training       |
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10|              programs for professionals with responsibilities         |
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11|              affecting children, youth and families; and              |
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12|    3.  Secure necessary statistical, technical, administrative and    |
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13|operational services by interagency agreement or contract.             |
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14|    C.  For the purpose of implementing the provisions of the Child    |
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15|Abuse Prevention Act, the State Board of Health, giving                |
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16|consideration to the recommendations of the Infant and Children's      |
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17|Health Advisory Council created in Section 44 of this act 1-103a.1     |
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18|of this title, is authorized to promulgate rules and regulations as    |
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19|necessary to implement the duties and responsibilities assigned to     |
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20|the Office of Child Abuse Prevention.                                  |
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21|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 10-109, is     |
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22|amended to read as follows:                                            |
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23|    Section 10-109.  A.  An attendance officer, any school             |
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24|administrator, or designee of the school administrator who is          |
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arsid539982 SB742 HFLR                                             Page 4
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 1|employed by the school, or any peace officer may, except for           |
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 2|children being home schooled pursuant to Section 10-105 of the         |
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 3|Oklahoma Statutes, temporarily detain and assume temporary custody     |
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 4|of any child subject to compulsory full-time education, during hours   |
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 5|in which school is actually in session, who is found away from the     |
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 6|home of such child and who is absent from school without lawful        |
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 7|excuse within the school district that such attendance officer,        |
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 8|peace officer or school official serves, if said the school district   |
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 9|has previously approved the temporary detention and custody pursuant   |
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10|to this section.                                                       |
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11|    B.  Any person temporarily detaining and assuming temporary        |
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12|custody of a child pursuant to this section shall immediately          |
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13|deliver the child either to the parent, guardian, or other person      |
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14|having control or custody of the child, or to the school from which    |
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15|the child is absent without valid excuse, or to a nonsecure youth      |
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16|service or community center servicing the school district, or to a     |
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17|community intervention center, as defined by Section 2-1-103 of        |
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18|Title 10A of the Oklahoma Statutes.                                    |
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19|    C.  The temporary custody or detention provided by this section    |
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20|shall be utilized as a means of reforming and returning the truant     |
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21|students to school and shall not be used as a pretext for              |
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22|investigating criminal matters.  The temporary custody or detention    |
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23|herein provided is a severely limited type of detention and is not     |
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24|justified unless there are specific facts causing an attendance        |
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arsid539982 SB742 HFLR                                             Page 5
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 1|officer or other authorized person to reasonably suspect that a        |
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 2|truancy violation is occurring and that the person the officer         |
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 3|intends to detain is a truant.                                         |
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 4|    D.  Beginning with the 2019-2020 school year, school districts     |
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 5|shall submit to the State Department of Education annual reports       |
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 6|detailing the instances in which students were subject to the          |
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 7|provisions of this section.  The reports shall comply with the         |
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 8|Family Educational Rights and Privacy Act of 1974 (FERPA).             |
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 9|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 24-120, is     |
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10|amended to read as follows:                                            |
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11|    Section 24-120.  A.  At the close of each attendance period of     |
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12|the school term, the board of education of each school district        |
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13|shall notify in writing the Department of Human Services of the name   |
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14|of any child who has not been present for instruction at least         |
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15|eighty percent (80%) of the time without valid excuse as defined in    |
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16|Section 10-105 of this title.                                          |
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17|    B.  Upon the receipt of such information from the school           |
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18|district, the Director of the Department of Human Services is          |
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19|authorized to withhold assistance payments to the payee of such        |
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20|child and to instigate an investigation for the purpose of improving   |
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21|the school attendance of such child.  After such investigation, if     |
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22|the attendance record of the child investigated is satisfactory,       |
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23|such withheld payments may be released.  In the event the              |
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24|investigation results in a change in custody and care of such child,   |
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arsid539982 SB742 HFLR                                             Page 6
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 1|payments to the payee shall be canceled or shall be made to the        |
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 2|person qualified to receive benefits on behalf of the child.           |
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 3|    C.  For purposes of the pilot project, the Department of Human     |
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 4|Services and the State Board of Education shall establish a            |
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 5|procedure to provide for the exchange of information required by       |
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 6|this section concerning students subject to the provisions of this     |
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 7|section.  Any procedure thus established shall, if applicable,         |
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 8|comply with the requirements of the Family Educational Rights and      |
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 9|Privacy Act, 20 U.S.C. Section 1232g et seq., and any other            |
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10|applicable federal law.                                                |
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11|    D.  The district attorney shall file with the Department of        |
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12|Human Services a report identifying any child who has been convicted   |
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13|of truancy within thirty (30) days of such conviction.                 |
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14|    E.  Beginning with the 2019-2020 school year, district attorneys   |
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15|shall submit to the State Department of Education annual reports       |
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16|detailing the instances in which students were convicted of truancy    |
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17|pursuant to the provisions of this section.  The reports shall         |
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18|comply with the Family Educational Rights and Privacy Act of 1974      |
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19|(FERPA).                                                               |
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20|    SECTION 4.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 24-120.1 of Title 70, unless       |
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22|there is created a duplication in numbering, reads as follows:         |
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23|    A.  Beginning with the 2019-2020 school year, the State            |
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24|Department of Education shall submit to the Office of Child Abuse      |
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arsid539982 SB742 HFLR                                             Page 7
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 1|Prevention the reports required by subsection D of Section 10-109 of   |
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 2|Title 70 of the Oklahoma Statutes and subsection E of Section 24-120   |
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 3|of Title 70 of the Oklahoma Statutes.                                  |
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 4|    B.  The State Department of Education in collaboration with the    |
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 5|Office of Child Abuse Prevention shall establish a procedure for the   |
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 6|exchange of information to comply with the Family Educational Rights   |
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 7|and Privacy Act of 1974 (FERPA).                                       |
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 8|    C.  The Office of Child Abuse Prevention or staff within the       |
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 9|State Department of Health shall review the reports provided           |
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10|pursuant to this section and, when appropriate and if resources are    |
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11|available, provide an assessment of the family to determine if         |
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12|services should be offered or a referral for services should be        |
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13|made.                                                                  |
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14|    D.  The State Board of Education shall supply Child Welfare        |
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15|Services of the Department of Human Services with access to            |
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16|identifying information and updated and accurate school attendance     |
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17|reports of individuals with documented developmental disabilities.     |
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18|The State Board of Education and Child Welfare Services shall          |
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19|establish a procedure for the exchange of information required by      |
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20|this subsection.                                                       |
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21|    SECTION 5.  This act shall become effective July 1, 2019.          |
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22|    SECTION 6.  It being immediately necessary for the preservation    |
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23|of the public peace, health or safety, an emergency is hereby          |
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arsid539982 SB742 HFLR                                             Page 8
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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|COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY           |
  |SERVICES, dated 04/04/2019 - DO PASS, As Amended.                      |
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arsid539982 SB742 HFLR                                             Page 9
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