Okla. Admin. Code § 210:35-3-106

Current through Vol. 42, No. 3, October 15, 2024

Section 210:35-3-106 - Guidance and counseling services

(a) The counseling staff, parents, administrators, and others shall provide guidance and counseling program direction through involvement in assessment and identification of student needs.

(b) The school shall develop a written description of an outcomes-based (competency) guidance and counseling program with special provisions for at-risk students. The program shall address assessed needs of all students, including those who are identified as at-risk, and shall establish program goals, objectives, and an evaluation.

(c) Each school shall provide an organized program of guidance and counseling services.

(1) Counseling services shall be provided to students, in group or individual settings, that facilitate understanding of self and environment.

(2) The counseling services shall provide a planned sequential program of group guidance activities that enhance student self-esteem and promote the development of student competence in the academic, personal/social, and career/vocational areas.

(3) The provider of counseling services shall consult with staff members, parents, and community resources and make appropriate referrals to other specialized persons, clinics, or agencies in the community.

(4) Counseling and guidance services shall be coordinated and shall work cooperatively with other school staff, parents, community resources, and other educational entities.

(d) Each counselor shall follow a planned calendar of activities based on established program goals and provide direct and indirect services to students, teachers, and/or parents.

(e) Beginning with the 2023-2024 school year, prior to annual enrollment of a new or returning student, the parent or legal guardian of a student may disclose to the student's resident district, as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, if the student has received inpatient or emergency outpatient mental health services from a mental health facility in the previous twenty-four (24) months. For the purposes of this section, "mental health facility" shall have the same meaning as Section 5-502 of Title 43A of the Oklahoma Statutes.

(1) If a disclosure provided occurs, designated school personnel, which may include members of the individualized education program (IEP) team, shall meet with the parent or legal guardian of the student and representatives of the mental health facility prior to enrollment to determine whether the student is in need of any accommodations including but not limited to an IEP in accordance with the Individuals with Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the Rehabilitation Act of 1973. The meeting required by this section may take place in person, via teleconference, or via video-conference.

(2) The disclosure and subsequent handling of personal health information and related student education records pursuant to this section shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Okla. Admin. Code § 210:35-3-106

Added at 8 Ok Reg 2159, eff 5-17-91 (emergency); Added at 9 Ok Reg 2371, eff 7-13-92

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023