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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1634 By: Jett
AS INTRODUCED
An Act relating to schools; stating legislative
intent; prohibiting the State Department of Education
from accepting certain funds provided for certain
purpose; directing the Department to review certain
contracts and terminate any related to certain health
care services or health centers or clinics; directing
the Department, in certain consultation, to conduct a
review of individualized education programs;
directing removal of certain services from certain
plans; directing certain evaluation of certain
students; requiring review of certain school district
and charter school contracts; directing termination
of contracts related to certain health care services
or health centers or clinics; providing for
promulgation of rules; providing for noncodification;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds and declares the following:
1. School-based services provided in accordance with the
Individuals with Disabilities Education Act (IDEA) are intended
exclusively for students with disabilities to ensure access to a
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free appropriate public education (FAPE) for students with an
individualized education program (IEP);
2. IDEA does not allow state legislators, the Superintendent of
Public Instruction, the State Department of Education, school
districts in this state, or the Oklahoma Health Care Authority to
expand school-based services beyond the scope provided for in
paragraph 1 of this section;
3. School-based health centers function as primary health care
providers that operate on or off campus or via telehealth and fall
outside the professional and academic scope of public education;
4. School-based health centers grant broad authority to school-
based health care providers to conduct medical testing, administer
treatment, and make medical decisions based on one-time parental
consent without requiring the presence of a parent or legal guardian
at the time testing is administered or treatment is provided;
5. Medical ethics and established health care practices
prohibit physicians from treating minors without direct involvement
from a parent or legal guardian, ensuring the prevention of power
imbalances and safeguarding the rights of a parent or legal
guardian; and
6. The Oklahoma Constitution does not establish a right to
school-based health care; however, it explicitly defines the purpose
of public schools in this state as academic instruction, independent
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of sectarian control, with no provision for state-funded health care
clinics.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-127 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. 1. The State Department of Education shall be prohibited
from accepting federal funds including, but not limited to, block
grants provided for the purpose of expanding school-based health
care services or implementing school-based health centers or
clinics.
2. The State Department of Education shall review all existing
contracts entered into by the Department or the State Board of
Education and terminate any related to expanding school-based health
care services or implementing school-based health centers or
clinics.
B. The State Department of Education, in consultation with
school districts in this state, shall conduct a comprehensive
compliance review of all individualized education programs (IEPs)
developed for students to ensure that any medical services provided
in accordance with an IEP are educationally necessary. If an IEP
contains medical services that are not educationally necessary, such
services shall be removed and the student shall be evaluated to
determine whether a Section 504 Plan developed pursuant to the
Rehabilitation Act of 1973 is more appropriate.
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C. School district boards of education or charter school
governing boards in this state shall review all existing contracts
and shall terminate any related to expanding school-based health
care services or implementing school-based health centers or
clinics.
D. The State Board of Education may promulgate rules to
implement the provisions of this section.
SECTION 3. This act shall become effective July 1, 2026.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2301 EB 1/13/2026 5:25:52 PM