School Laws of Oklahoma

Chapter 8 - Instruction
Article VI: Commission on Children and Youth

Section 893. Creation of Community Partnership Districts. (10 O.S. § 601.11)

A. There are hereby created community partnership districts for services to children and youth.

Each district shall be represented by a board composed of representatives of public and private organizations and private individuals in accordance with the guidelines established by the Oklahoma Commission on Children and Youth. Each community partnership board shall include, but not be limited to, representatives of the Department of Human Services, the Office of Juvenile Affairs, the State Department of Health, the Department of Mental Health and Substance Abuse Services, local school districts, representatives of private child and family services and programs within the district, local business leaders, and parents of children with special needs.

B. The Commission shall designate community partnership districts within the state.

C. Selection of a coordinator and membership of community partnership boards shall be determined as follows:

1. Each community partnership board shall elect a coordinator from among its membership. The elected coordinators shall serve two-year terms and may be reelected; and

2. Membership shall be in accordance with the bylaws of the community partnership board and guidelines of the Commission. Board members shall serve a two-year term and may be reappointed.

D. The Oklahoma Commission on Children and Youth shall:

1. Establish guidelines for the election of coordinators of the community partnership boards;

2. Establish guidelines for the membership of the community partnership boards for services to children and youth which will assure an opportunity for broad community participation and the representation of both urban and rural concerns in the planning process;

3. Establish guidelines for the coordination, preparation and implementation of the district plans for children and youth services; and

4. Provide administrative support and technical assistance to the community partnership boards as otherwise provided by this act.

E. Nothing in this act shall prohibit local municipalities or counties from establishing planning and coordinating bodies for services to children and youth and providing information and recommendations to the community partnership boards established by this section.

Section 893.1. Duties of Community Partnership Board. (10 O.S. § 601.12)

A. Each community partnership board shall, with the assistance of the Office of Planning and Coordination for Services to Children and Youth, prepare and implement a district plan for children and youth services and for the development and coordination of such services within its district. The district plans shall be transmitted to the Office of Planning and Coordination for Services to Children and Youth and the Oklahoma Commission on Children and Youth, for such entities’ review and use in the preparation of the State Plan for Services to Children and Youth.

B. Each community partnership board shall assist in the development of interagency agreements that ensure that services provided to students pursuant to the Individuals with Disabilities Education Act (IDEA) are delivered cooperatively by local education agencies, the State Department of Education, the State Department of Vocational and Technical Education, the Department of Human Services, the Office of Juvenile Affairs, the State Department of Health, the Department of Mental Health and Substance Abuse Services, the State Department of Rehabilitation Services, the Oklahoma Health Care Authority, and other appropriate public agencies and private agencies supported in whole or in part with public funds.

C. Each community partnership board shall develop a written statement clearly identifying its operating procedures, purpose, overall responsibilities and method of meeting those responsibilities.

D. The district plan shall address the needs of children, youth and families as they relate to education, health, mental health, economic security, safety and human services issues, and shall contain:

1. Identified goals, intended outcomes, and priorities for serving children and families;

2. A description of specific needs to be addressed by the plan, as well as services and other support available through public, private, and community-based organizations;

3. A description of the amount of all federal, state and local government, and private funds needed to implement the local plan;

4. A plan for sharing data among agencies and across levels of government in accordance with state and federal law;

5. Recommendations for proposed policy or program changes and alternative funding strategies for meeting identified needs;

6. An implementation strategy and time line; and

7. A description of the resources, types of assistance or training needed in order to implement the plan.

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Section 894. Oklahoma Partnership for School Readiness Act. (10 O.S. § 640)

This act shall be known and may be cited as the “Oklahoma Partnership for School Readiness Act”.

Section 895. Oklahoma Partnership for School Readiness Board. (10 O.S. § 640.1)

A. There is hereby created until July 1, 2013, in accordance with the Oklahoma Sunset Law, the Oklahoma Partnership for School Readiness Board. The Board shall promote school readiness supporting community-based efforts to increase the number of children who are ready to succeed by the time they enter school. The Board shall additionally serve as the state’s Early Childhood Advisory Council and fulfill the responsibilities described in the Head Start Act of 2007 (PL 110-134, Section 642B). The Board shall consist of representatives from the private and public sectors as follows:

1. Fifteen private sector representatives appointed by the Governor from a list submitted by an existing privatesector school readiness initiative that includes in its focus community mobilization and public engagement activities to include:

a. two parents of children eight (8) years of age or younger, and

b. one representative of licensed child care providers;

2. One representative of the licensed child care industry appointed by the Governor from a list submitted by an association representing the licensed child care industry in this state;

3. One representative of a state association of federally funded early childhood programs appointed by the Governor; and

4. To ensure that existing resources are being utilized effectively, fifteen public sector representatives or their designees as follows:

a. State Superintendent of Public Instruction,

b. State Commissioner of Health,

c. Commissioner of the Department of Mental Health and Substance Abuse Services,

d. Director of the Oklahoma Department of Commerce,

e. Director of the Oklahoma Department of Libraries,

f. Director of the Department of Human Services,

g. Administrator of the Oklahoma Health Care Authority,

h. Director of the Oklahoma Commission on Children and Youth,

i. Director of the State Department of Rehabilitation Services,

j. Executive Director of the Oklahoma Educational Television Authority,

k. Director of the Oklahoma Department of Career and Technology Education,

l. Chancellor of the Oklahoma State Regents for Higher Education,

m. Cabinet Secretary with responsibility for education agencies,

n. Dean of the College of Human Environmental Sciences, Oklahoma State University, and

o. State Director of Head Start Collaboration.

B. Members appointed by the Governor shall serve terms of four (4) years; provided, of those members initially appointed to the Board, eight members shall be appointed for two-year terms, beginning September 1, 2003, and seven members shall be appointed for four-year terms, beginning September 1, 2003, as designated by the Governor. The member appointed pursuant to paragraph 2 of subsection A of this section shall be appointed for an initial term to end on August 31, 2007. The member appointed pursuant to paragraph 3 of subsection A of this section shall be appointed for an initial term to end on August 31, 2009. Appointed members shall continue in office until a successor is appointed by the Governor. The Governor shall fill all vacancies in the same manner as the original appointment was made.

C. The Director of the Department of Human Services shall convene an organizational meeting of the Oklahoma Partnership for School Readiness Board prior to November 1, 2003, at which time members of the Board shall elect a chair, a vice-chair, and other officers as needed. A majority of the members of the Board shall constitute a quorum for the transaction of business.

D. Members of the Board shall receive no compensation for serving on the Board but shall receive travel reimbursement as follows:

1. State agency officers and employees who are members of the Board shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and

2. Remaining members shall be reimbursed by the Board from any funds received by the Board for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

E. Members of the Board shall be exempt from the dual-office-holding provisions of Section 6 of Title 51 of the Oklahoma Statutes.

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Section 896. Powers and Duties of Board. (10 O.S. § 640.2)

A. The Oklahoma Partnership for School Readiness Board may:

1. Establish guidelines for the disbursement of funds received from any public or private source or otherwise made available to the Board for the purpose of supporting community initiatives that are consistent with the goals of the Oklahoma Partnership for School Readiness Act and direct such other expenditures as may be necessary in the performance of its duties;

2. Establish other guidelines as necessary to carry out the duties and responsibilities assigned to the Oklahoma Partnership for School Readiness Board;

3. Receive funds from any public or private source;

4. Enter into contractual agreements to assist with the administration of the Board and to provide technical assistance to communities upon request;

5. Appoint subcommittees which may include persons who are not Board members. Such persons shall not be entitled to compensation but may be reimbursed, upon approval by the Director of the Department of Human Services, for necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act; and

6. The Board shall ensure, to the greatest extent possible, that the needs and values of all parents are respected and protected and that voluntary participation is the basis for delivering all school readiness programs. The Board shall act in ways which are sensitive to the diverse religious and other values of Oklahomans.

B. The responsibilities of the Oklahoma Partnership for School Readiness Board shall be to:

1. Conduct a thorough assessment of existing public and private programs to determine their effectiveness and to maximize the efficient use of current state funds;

2. Implement a public engagement campaign and establish a structure to facilitate communication between communities;

3. Provide leadership at the state level to encourage communities to develop and improve school readiness opportunities at the local level to encourage and empower local communities;

4. Encourage public and private programs, services, and initiatives be brought together to provide coordinated, community-based, effective and cost-efficient programs;

5. Maximize the extent to which private sector funding is leveraged and federal, state, and local funds are coordinated with private funds;

6. Establish standards of accountability in school readiness programs and policy and recognize and promote the best practices; and

7. Submit an annual report to the Governor and the Legislature no later than November 1 of each year. The report shall include, but not be limited to, the following:

a. preparedness level of children entering kindergarten,

b. status and results of the effort of the Board to engage the public regarding the care and education of children under the age of five (5) years and of the efforts of the Board to develop and promote private sector programs and voluntary parental involvement,

c. detailed summary of community initiatives and programs funded in whole, or in part, by the Board,

d. availability and cost of quality child care for children under five (5) years of age needing care outside their home,

e. number, location, and status of quality prekindergarten programs in the state, and

f. percentage of third-grade students reading at or above grade level.

C. The Department of Human Services shall be the lead public agency for general administration and monitoring of programs and activities related to the Oklahoma Partnership for School Readiness Act.

D. Each of the following agencies shall make staff available to the Oklahoma Partnership for School Readiness Board for the purpose of providing professional consultation and staff support to assist in the implementation of this act:

1. State Department of Education;

2. State Department of Health;

3. Department of Mental Health and Substance Abuse Services;

4. Department of Human Services; and

5. Oklahoma Commission on Children and Youth.

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Section 897. School Readiness Foundation. (10 O.S. § 640.3)

A. There is hereby authorized the establishment of a not-for-profit school readiness foundation to raise funds and to assist in the implementation of the Oklahoma Partnership for School Readiness Act and the achievement of the goals of the act.

B. Costs to underwrite implementation of the responsibilities of the Oklahoma Partnership for School Readiness Board may be borne from revenues of the foundation.

C. The foundation created pursuant to this section may receive funds from any public or private source to carry out the purposes of this act, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States or of this state for any purpose consistent with the provisions of this act.

D. Upon proper incorporation, the foundation shall secure tax-exempt status under the appropriate provision of Section 501(c) of the Internal Revenue Code, 26 U.S.C., Section 501(c).

E. Any member of the foundation who may have a financial interest in an action under consideration by the foundation shall abstain from voting on such matter.

Section 898. Oklahoma Partnership for School Readiness Board: Authority Extended. (74 O.S. § 3904)

The following statutory entities and their successors shall be terminated on July 1, 2013, and all powers, duties and functions shall be abolished one (1) year thereafter:

* * * * *

Oklahoma Partnership for School Readiness Board as created by Section 640.1 of Title 10 of the Oklahoma Statutes.

Section 899. Maintenance, Transfer, and Release of Confidential Information Among Governmental and Private Agencies Providing Services to Children. (10 O.S. § 620.1)

A. The purpose of this act is to ensure efficient, cost effective delivery of state services and accountability in the delivery of state services to children and their families through the establishment of uniform administrative rules governing the maintenance, transfer and release of confidential information between public and private agencies that provide services to children and their families in order to:

1. Facilitate access to health, mental health, social and related services that are made available through state and federal funds for children and families;

2. Remove unnecessary and cumbersome impediments to the delivery of such services; and

3. Better provide for the expeditious, coordinated and cooperative delivery of services by establishing a uniform system of rules, procedures and forms for the maintenance, transfer and release of confidential information to be used by state, county and private agencies, boards of education, and technology center districts, pursuant to the provisions of this act.

B. For the purpose of this act, “confidential information” means any information regarding a child receiving services supported in whole or in part by state or federal funds, a family member of such child, or other persons residing in the home of such child, and which is required by state or federal law or regulation to be maintained in a confidential manner.

C. Nothing in this act shall be construed to authorize the release of confidential information except pursuant to an informed consent as provided in Section 620.4 of this title, a court order, or as otherwise provided by law.

Commission on Children and Youth may have authority to have access to education records to monitor school districts regarding provision of special education services for children with disabilities when it is done pursuant to promulgated rules and interagency agreements. July 21, 1999 (AG Op. No. 99-39)

Section 900. Task Force Appointed by Oklahoma Commission on Children and Youth - Duties and Responsibilities. (10 O.S. § 620.2)

A. The Oklahoma Commission on Children and Youth shall appoint a task force composed of the directors, or their designees, of the agencies listed in Section 3 of this act and, as appropriate, representatives of other public and private agencies that provide services to children and their families. The task force shall:

1. On or before November 1, 1990, establish guidelines for the development of uniform administrative rules, procedures and forms related to the maintenance, transfer and release of confidential information required pursuant to the provisions of this act;

2. On or before January 1, 1991, revise the proposed rules, procedures and forms prepared by the agencies for uniformity and compliance with the guidelines established by the task force. The task force shall make recommendations to the agencies for modifications to the proposed rules, procedures and forms as necessary to ensure uniformity and compliance with the established guidelines;

3. On or before April 1, 1991, develop a manual which clearly describes applicable state and federal laws, rules, procedures and forms for the maintenance, transfer and release of confidential information. Said manual shall be published by the Oklahoma Commission on Children and Youth and each agency providing services to children and their families shall be responsible for necessary copying and distribution, to ensure that employees involved in the delivery of services to children and their families are provided copies of the manual and are trained regarding the content and application of the information contained in the manual; and

4. Beginning on April 1, 1991, meet not less than annually and more often as necessary, as determined by the Oklahoma Commission on Children and Youth, for the purpose of reviewing proposed or necessary amendments to the rules, procedures or forms adopted pursuant to this act in order to ensure the continuing consistency and uniformity of said rules, procedures and forms and to provide for necessary revisions of the manual.

B. Each agency listed in Section 3 of this act shall provide information and staff assistance as necessary to prepare the rules, procedures, forms and manual required by this act.

C. Beginning on April 1, 1991, each agency listed in Section 3 of this act shall forward to the Oklahoma Commission on Children and Youth copies of proposed amendments to the rules, procedures and forms adopted pursuant to this act.

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Section 901. Agencies to Promulgate Rules and Adopt Procedures. (10 O.S. § 620.3)

A. Prior to April 1, 1991, the following agencies shall promulgate uniform rules and adopt uniform procedures and forms for the maintenance, transfer and release of confidential information:

1. Department of Human Services;

2. Department of Mental Health and Substance Abuse Services;

3. State Department of Health;

4. State Department of Education;

5. Oklahoma Department of Career and Technology Education;

6. Oklahoma Commission on Children and Youth;

7. J.D. McCarty Center for Children with Developmental Disabilities;

8. Department of Corrections; and

9. Beginning July 1, 1998, the Office of Juvenile Affairs.

B. Private agencies receiving public funds pursuant to a grant or contract with a state agency listed in subsection A of this section and providing institutional, community residential or community-based services, as defined by Section 1101 of this title, to children and families, shall comply with the rules regarding the maintenance, transfer and release of confidential information adopted by the governing board of the state agency or agencies from which they receive funds.

C. The provisions of Sections 620.1 through 620.6 of this title shall not apply to court records of juvenile cases maintained by the district courts. The supervising judge of a statutorily-constituted juvenile bureau may establish court rules for the transfer and release of other confidential information maintained by the juvenile bureau which substantially conform with the rules, forms and procedures promulgated and adopted by state agencies pursuant to the provisions of Sections 620.1 through 620.6 of this title.

Commission on Children and Youth may have authority to have access to education records to monitor school districts regarding provision of special education services for children with disabilities when it is done pursuant to promulgated rules and interagency agreements. July 21, 1999 (AG Op. No. 99-39)

Section 902. Purpose. (10 O.S. § 620.4)

A. The rules promulgated and the procedures and forms adopted pursuant to this act shall include, but not be limited to:

1. Provision for maintenance, transfer and release of confidential information;

2. Compliance with all applicable state and federal laws and regulations regarding the transfer and release of confidential information;

3. If not otherwise specifically limited by law, authorization for the transfer or release of confidential information only pursuant to paragraph 5 of this subsection, a court order or an informed consent for the transfer or release of said information that has been executed by:

a. the parent or guardian of the child or other person authorized by state or federal law to execute said consent, if the subject of the confidential information is a child, or

b. the individual who is the subject of said confidential information or other person authorized by law to execute said consent on his behalf, if the subject of the confidential information is an adult;

4. Establishment of a uniform informed consent form and uniform procedures for obtaining informed consents, which shall include, but not be limited to, information which shall be provided to a person executing an informed consent prior to such execution;

5. Establishment of uniform procedures for authorizing access to confidential information for the purpose of gathering statistical information or conducting studies or research as otherwise authorized by law;

6. Establishment of uniform charges, if any, for the costs of copying and mailing records;

7. Provision for the maintenance of the confidentiality of information by persons and agencies receiving confidential information; and

8. Compliance with the provisions of the Administrative Procedures Act.

B. The uniform rules may include special rules for particular programs which are subject to federal rules.

Section 903. Release of Confidential Information by Local Boards of Education and Technology Center School Districts. (10 O.S. § 620.5)

A. The local board of education of each school district and each technology center school district shall adopt policies and procedures for the transfer and release of confidential information to the agencies listed in Section 620.3 of this title, to persons and agencies subject to the rules promulgated by said agencies pursuant to this act, and to statutorily-constituted juvenile bureaus. The policies and procedures adopted by said boards shall comply with the requirements for state agency rules listed in Section 620.4 of this title for the transfer and release of confidential information.

B. A local board of education may adopt in whole or in part the rules, procedures and forms promulgated and adopted by the State Board of Education, and each technology center school board may adopt in whole or in part the rules, procedure and forms promulgated and adopted by the State Board of Career and Technology Education.

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