1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|CONFERENCE COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
4|SENATE BILL 126 By: Bullard of the Senate |
| |
5| and |
| |
6| Conley of the House |
| |
7| |
| |
8| |
| |
9| CONFERENCE COMMITTEE SUBSTITUTE |
| |
10| An Act relating to students; amending 70 O.S. 2021, |
| Section 5-144, which relates to notification to |
11| school districts; modifying language to direct |
| notification upon charging of certain employees; |
12| requiring an arresting law enforcement agency to |
| notify a superintendent if a student has been |
13| arrested for certain violent crime; directing |
| notification to be conducted with due regard for |
14| certain provisions; directing certain notification |
| and information to be part of a student's permanent |
15| records; directing records to be provided to a |
| receiving district under certain circumstances; |
16| allowing a request to remove certain information if |
| certain conviction or plea is expunged; requiring a |
17| parent or legal guardian to disclose to a |
| superintendent whether a student has been arrested |
18| for certain violent crime; providing an effective |
| date; and declaring an emergency. |
19| |
| |
20| |
| |
21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
22| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-144, is |
| |
23|amended to read as follows: |
| |
24| |
| |
Req. No. 2179 Page 1
___________________________________________________________________________
1| Section 5-144. A. If in the course of an investigation it is |
| |
2|discovered that a person charged in an information or indictment |
| |
3|with a felony or violent misdemeanor is a student or an employee of |
| |
4|a school district or a public school in the state, or an employee |
| |
5|working on school property for an entity that provides services to a |
| |
6|school district or a public school on school property, with due |
| |
7|regard for the provisions of subsection C of Section 2-6-102 of |
| |
8|Title 10A of the Oklahoma Statutes, the district attorney shall |
| |
9|notify the superintendent of the district of the charges filed |
| |
10|against the student or employee. In addition to notifying the |
| |
11|superintendent of the district when charges have been filed against |
| |
12|an employee of the school district, the district attorney shall |
| |
13|notify the State Board of Education. |
| |
14| B. If in the course of an arrest for a violent crime, as |
| |
15|defined by Section 571 of Title 57 of the Oklahoma Statutes, it is |
| |
16|discovered that the person being arrested is a student of a school |
| |
17|district or public school in this state, the arresting law |
| |
18|enforcement agency shall notify the superintendent of the school |
| |
19|district or public school in which the student is enrolled. The |
| |
20|notification of the arrest and any information regarding the |
| |
21|adjudication of the student shall be conducted with due regard for |
| |
22|the provisions of subsection C of Section 2-6-102 of Title 10A of |
| |
23|the Oklahoma Statutes. The notification and related information |
| |
24|shall be kept as part of the student's permanent records and shall |
| |
Req. No. 2179 Page 2
___________________________________________________________________________
1|only be included in the records provided to a receiving district due |
| |
2|to a student transfer conducted pursuant to the Education Open |
| |
3|Transfer Act if the student is convicted of or pleads guilty or nolo |
| |
4|contendere to a violent crime. If a student's conviction or plea of |
| |
5|guilty or nolo contendere to a violent crime is expunged pursuant to |
| |
6|Sections 18 and 19 of Title 22 of the Oklahoma Statutes, the student |
| |
7|or his or her parent or legal guardian may request that the |
| |
8|information be removed from the student's permanent records. |
| |
9| C. Beginning with the 2023-2024 school year, each school |
| |
10|district shall include in its student enrollment and transfer |
| |
11|documentation a request for information regarding any arrest of a |
| |
12|student for a violent crime, as defined by Section 571 of Title 57 |
| |
13|of the Oklahoma Statutes. Failure to provide information requested |
| |
14|pursuant to this subsection shall not prohibit the enrollment or |
| |
15|transfer of a student. |
| |
16| D. The school district may take any action it deems necessary |
| |
17|that is in compliance with the requirements of the Family |
| |
18|Educational Rights and Privacy Act of 1974 with regard to such |
| |
19|information. |
| |
20| C. E. When an employee of the school district has been |
| |
21|convicted, whether upon a verdict or plea of guilty or nolo |
| |
22|contendere, or received a suspended sentence or any probationary |
| |
23|term for a crime provided for in subparagraph a of paragraph 6 of |
| |
24|Section 3-104 of this title, the district court shall notify the |
| |
Req. No. 2179 Page 3
___________________________________________________________________________
1|State Board of Education of said the conviction, if the district |
| |
2|court has discovered during the course of the proceedings that the |
| |
3|person is an employee of a school district. |
| |
4| SECTION 2. This act shall become effective July 1, 2023. |
| |
5| SECTION 3. It being immediately necessary for the preservation |
| |
6|of the public peace, health, or safety, an emergency is hereby |
| |
7|declared to exist, by reason whereof this act shall take effect and |
| |
8|be in full force from and after its passage and approval. |
| |
9| |
| |
10| 59-1-2179 EB 5/23/2023 5:25:36 PM |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 2179 Page 4
