1| SENATE FLOOR VERSION |
| February 14, 2023 |
2| AS AMENDED |
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3|SENATE BILL NO. 126 By: Bullard |
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6| [ students - notification - records - effective date |
| - emergency ] |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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11| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-144, is |
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12|amended to read as follows: |
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13| Section 5-144. A. If in the course of an investigation it is |
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14|discovered that a person charged in an information or indictment |
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15|with a felony or violent misdemeanor is a student or an employee of |
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16|a school district or a public school in the state, or an employee |
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17|working on school property for an entity that provides services to a |
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18|school district or a public school on school property, with due |
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19|regard for the provisions of subsection C of Section 2-6-102 of |
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20|Title 10A of the Oklahoma Statutes, the district attorney shall |
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21|notify the superintendent of the district of the charges filed |
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22|against the student or employee. In addition to notifying the |
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23|superintendent of the district when charges have been filed against |
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1|an employee of the school district, the district attorney shall |
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2|notify the State Board of Education. |
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3| B. If in the course of an arrest for a violent crime, as |
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4|defined by Section 571 of Title 57 of the Oklahoma Statutes, it is |
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5|discovered that the person being arrested is a student of a school |
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6|district or public school in this state, the arresting law |
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7|enforcement agency shall notify the superintendent of the school |
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8|district or public school in which the student is enrolled. The |
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9|notification of the arrest and any information regarding the |
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10|adjudication of the student shall be conducted with due regard for |
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11|the provisions of subsection C of Section 2-6-102 of Title 10A of |
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12|the Oklahoma Statutes and shall be kept as part of the student's |
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13|permanent records and included in the records provided to a |
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14|receiving district due to a student transfer conducted pursuant to |
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15|the Education Open Transfer Act. |
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16| C. Beginning with the 2023-2024 school year, prior to |
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17|enrollment of a student in a public school in this state, the |
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18|student's parent or legal guardian shall notify the school if the |
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19|student has been arrested for a violent crime, as defined by Section |
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20|571 of Title 57 of the Oklahoma Statutes. |
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21| D. The school district may take any action it deems necessary |
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22|that is in compliance with the requirements of the Family |
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23|Educational Rights and Privacy Act of 1974 with regard to such |
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24|information. |
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1| C. E. When an employee of the school district has been |
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2|convicted, whether upon a verdict or plea of guilty or nolo |
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3|contendere, or received a suspended sentence or any probationary |
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4|term for a crime provided for in subparagraph a of paragraph 6 of |
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5|Section 3-104 of this title, the district court shall notify the |
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6|State Board of Education of said the conviction, if the district |
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7|court has discovered during the course of the proceedings that the |
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8|person is an employee of a school district. |
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9| SECTION 2. This act shall become effective July 1, 2023. |
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10| SECTION 3. It being immediately necessary for the preservation |
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11|of the public peace, health, or safety, an emergency is hereby |
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12|declared to exist, by reason whereof this act shall take effect and |
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13|be in full force from and after its passage and approval. |
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14|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION |
|February 14, 2023 - DO PASS AS AMENDED |
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arsid4356730 SENATE FLOOR VERSION - SB126 SFLR Page 3
