1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 1014 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to school employees; defining term; | | requiring certain notification if an individual | 8| employed by certain school is being investigated for, | | has been arrested in relation to, or has been charged | 9| with certain offenses; requiring certain board of | | education to suspend the employee pending certain | 10| outcome; prohibiting suspension from depriving | | certain employee of certain compensation and | 11| benefits; prohibiting the employee from being on | | school premises during suspension term; providing for | 12| extension of suspension under certain circumstances; | | requiring certain superintendent to provide certain | 13| notification; requiring notification to include | | certain statement; providing for promulgation of | 14| rules; providing for codification; providing an | | effective date; and declaring an emergency. | 15| | | | 16| | | | 17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 18| SECTION 1. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 5-144.1 of Title 70, unless | | | 20|there is created a duplication in numbering, reads as follows: | | | 21| A. As used in this section, "offenses against students" means | | | 22|crimes or attempts to commit crimes provided for in Section 843.5 of | | | 23|Title 21 of the Oklahoma Statutes if the offense involved sexual | | | 24|abuse or sexual exploitation as those terms are defined in Section | | | Req. No. 1685 Page 1 ___________________________________________________________________________
1|1-1-105 of Title 10A of the Oklahoma Statutes, Section 741, 843.1, | | | 2|if the offense included sexual abuse or sexual exploitation, 865 et | | | 3|seq., 885, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, | | | 4|1111.1, 1114, or 1123 of Title 21 of the Oklahoma Statutes. | | | 5| B. If an individual employed by a public school district, | | | 6|public charter school, or public virtual charter school in this | | | 7|state: | | | 8| 1. Is being investigated for or has been arrested in relation | | | 9|to offenses against students; or | | | 10| 2. Has been charged with offenses against students, | | | 11|the law enforcement agency involved in the investigation, arrest, or | | | 12|charging shall notify the superintendent of the employing school | | | 13|district, public charter school, or public virtual charter school | | | 14|and the members of the board of education of the employing school | | | 15|district or the members of the governing board of the employing | | | 16|public charter school or public virtual charter school. | | | 17| C. 1. Upon receiving a notification as provided for in | | | 18|subsection B of this section, the board of education of the | | | 19|employing school district or the governing board of the employing | | | 20|public charter school or public virtual charter school shall suspend | | | 21|the school employee without notice or hearing pending the outcome of | | | 22|the law enforcement investigation. The suspension shall not deprive | | | 23|the employee of any compensation or other benefits to which he or | | | 24| | | | Req. No. 1685 Page 2 ___________________________________________________________________________
1|she is otherwise entitled. The employee shall not be allowed on | | | 2|school premises during the term of suspension. | | | 3| 2. In a case involving a criminal charge or indictment, the | | | 4|suspension may extend until the case for the employee is adjudicated | | | 5|at trial. The extension shall not include any appeal process. | | | 6| D. Upon receiving a notification as provided for in subsection | | | 7|B of this section, the superintendent of the employing school | | | 8|district, public charter school, or public virtual charter school | | | 9|shall notify the parents and legal guardians of students enrolled in | | | 10|the school district, charter school, or virtual charter school. The | | | 11|notification shall include a statement explaining that the school | | | 12|employee is presumed innocent until and unless proven guilty. | | | 13| E. The State Board of Education shall promulgate rules to | | | 14|implement the provisions of this section. | | | 15| SECTION 2. This act shall become effective July 1, 2023. | | | 16| SECTION 3. It being immediately necessary for the preservation | | | 17|of the public peace, health, or safety, an emergency is hereby | | | 18|declared to exist, by reason whereof this act shall take effect and | | | 19|be in full force from and after its passage and approval. | | | 20| | | | 21| 59-1-1685 EB 1/19/2023 4:06:59 PM | | | 22| | | | 23| | | | 24| | | | Req. No. 1685 Page 3