Current through Vol. 42, No. 4, November 1, 2024
Section 340:75-4-51 - Purpose, partnership, goals, scope, and confidentiality requirement of school-based (SB) services(a)Purpose. SB services is a program that offers preventative and early intervention services to children, adolescents, and families in Oklahoma through community-based partnerships between Oklahoma Human Services (OKDHS) and local school districts. The program aids students in overcoming barriers which impede educational success and in addressing concerns before they can escalate into a crisis.(b)Partnership. The SB Services Program is a contractual and collaborative partnership between OKDHS and local school systems. The SB Services Program requires specialists to be competent in a specialized practice area, including knowledge, skills, and abilities necessary for effective service delivery across OKDHS services, schools, and communities. An SB specialist works in a partnering school to: (1) increase awareness of, and access to, OKDHS services and community resources for families;(2) improve coordination and communication between OKDHS and public schools; and(3) increase community education on family issues through agency-school-community collaboration and planning.(c)Goals. OKDHS expects the SB Services Program to: (1) impact a community through improved individual and family health, safety, and functioning;(2) give all children the opportunity and resources to succeed academically and socially in a safe and healthy school environment;(3) improve community outcomes through SB activities; thus, reducing an array of family risk factors; and(4) work with individual families and in collaboration with other community stakeholders.(d)Scope and applicability. The SB specialist retains the same rights and privileges and the same obligations set forth in OKDHS policy. The SB specialist maintains office hours similar to the school staff members and is expected to work no less and no more than 40 hours per week. (1) In the event the partnering school: (A) is closed, and school staff is not working onsite, the SB specialist is authorized to telework from home provided the SB specialist is generally accessible by phone and email during working hours; and(B) deems distance learning is necessary for reasons of health and safety, OKDHS continues to supply the SB specialist to perform the same services using means appropriate to distance learning.(2) In the event the contractual agreement with the partnering school is cancelled, the immediate supervisor or reviewing supervisor ensures permanent employees are able to return to a position within OKDHS when the contract is discontinued due to actions unrelated to the SB specialist.(3) The SB specialist maintains records by documenting students' situations and activities on the OKDHS software platform, which is used to evaluate the program's outcomes.(e)Confidential information.(1) The SB Services Program complies with confidentiality restraints that are in existence at the participating school, and OKDHS rules regarding confidentiality. Per the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the participating school and SB specialists agree to use and disclose Protected Health Information in compliance with the "Privacy Rule" HIPAA set forth in Sections 160.01 through 160.552 and 164.102 through 164.534 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 160.01- 160.552, 164.102 - 164.534) . Per the Family Education Rights and Privacy Act (FERPA), SB specialists use and disclose student educational records and family information in compliance with FERPA, Section 1232g of Title 20 of the United States Code and 34 C.F.R. §§ 99.1- 99.67.(2) The partnered school and OKDHS recognize the other has and will acquire client or student information which is protected from improper disclosure. Neither the partnered school nor OKDHS, whether directly or indirectly, divulges, discloses, or otherwise communicates such information to third parties without the prior written consent of the other. (3) Through the contractual relationship with the partnered school, the SB specialist is able to communicate information to the school to better understand and help a specific student and family. The SB specialist is permitted to share information with the partnered school that supports the educational needs of students.Okla. Admin. Code § 340:75-4-51
Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023