1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|SENATE BILL 362 By: Pugh |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 5-142, which relates to criminal history |
8| record checks for school employment; removing certain |
| exemption from obtaining new criminal history record |
9| check; updating statutory language; providing |
| exemption from obtaining new criminal history record |
10| check to certain persons who have obtained a record |
| check for certain purposes within certain time |
11| period; directing certain persons seeking employment |
| as a full-time teacher to include certain letter; |
12| removing certain exemptions from obtaining new |
| criminal history record check; providing an effective |
13| date; and declaring an emergency. |
| |
14| |
| |
15| |
| |
16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-142, is |
| |
18|amended to read as follows: |
| |
19| Section 5-142. A. Except as otherwise provided for in |
| |
20|subsection F of this section, for purposes of employment, a board of |
| |
21|education may request in writing to the State Board of Education |
| |
22|that a national criminal history record check be conducted of any |
| |
23|employee of the school and shall request such information for any |
| |
24|person seeking employment with the school; provided that a board of |
| |
Req. No. 562 Page 1
___________________________________________________________________________
1|education shall not be required to obtain a new criminal history |
| |
2|record check for an individual who has obtained certification from |
| |
3|the State Department of Education within the previous twelve (12) |
| |
4|months. The Oklahoma State Bureau of Investigation (OSBI) shall |
| |
5|obtain fingerprints of the employee or prospective employee and |
| |
6|require that the person pay a search fee not to exceed Fifty Dollars |
| |
7|($50.00) or the cost of the search, whichever is the lesser amount. |
| |
8|The fee shall be deposited in the OSBI Revolving Fund. School |
| |
9|districts may reimburse employees for the cost of the search. The |
| |
10|State Board of Education shall contact the Oklahoma State Bureau of |
| |
11|Investigation for any national criminal history record of the person |
| |
12|within fourteen (14) working days of receiving a written request |
| |
13|from the board of education. |
| |
14| B. The Oklahoma State Bureau of Investigation shall provide the |
| |
15|national criminal history record check requested by the State Board |
| |
16|of Education within fourteen (14) working days from the receipt of |
| |
17|the request. The Bureau may contact the Federal Bureau of |
| |
18|Investigation to obtain the information requested. |
| |
19| C. The State Board of Education shall provide the information |
| |
20|received from the Oklahoma State Bureau of Investigation to the |
| |
21|board of education within fourteen (14) days from the receipt of the |
| |
22|information. The State Board of Education shall provide any |
| |
23|follow-up information received from the OSBI concerning a person for |
| |
24| |
| |
Req. No. 562 Page 2
___________________________________________________________________________
1|which whom a national criminal history record check was requested to |
| |
2|the employing board of education. |
| |
3| D. For the purpose of this section: |
| |
4| 1. "Board of education" includes both public and private boards |
| |
5|of education within or outside this state; |
| |
6| 2. "Employing agency" means a political subdivision or law |
| |
7|enforcement agency in this state; |
| |
8| 3. "Law enforcement officer" means a peace or police officer |
| |
9|who is certified by the Council on Law Enforcement Education and |
| |
10|Training; |
| |
11| 4. "National criminal history record check" means a national |
| |
12|criminal history record check as defined in Section 150.9 of Title |
| |
13|74 of the Oklahoma Statutes; and |
| |
14| 5. "Prospective employee" means an individual who has received |
| |
15|an offer of temporary employment from a school district pending the |
| |
16|results of the national criminal history record check. |
| |
17| E. Each public board of education within this state shall |
| |
18|promulgate a statement regarding the felony record search policy for |
| |
19|that school district. The policy may permit temporary employment of |
| |
20|prospective employees for a maximum of sixty (60) days pending |
| |
21|receipt of results of national criminal history record check |
| |
22|requests. The temporary employment of the prospective employee |
| |
23|shall terminate after sixty (60) days unless the school district |
| |
24|receives the results of the national criminal history record check. |
| |
Req. No. 562 Page 3
___________________________________________________________________________
1|The sixty-day temporary employment period shall begin on the first |
| |
2|day the prospective employee reports for duty at the employing |
| |
3|school district. Prospective employees shall be notified of the |
| |
4|requirement, the fee, and the reimbursement policy when first |
| |
5|interviewed concerning employment. The school district's |
| |
6|reimbursement policy shall provide, at a minimum, that employees |
| |
7|shall be promptly reimbursed in full for the fee if employed by the |
| |
8|district at the time the national criminal history record check |
| |
9|request is made unless the person was employed pending receipt of |
| |
10|results as set forth above. |
| |
11| F. 1. Any person who has been employed as a full-time teacher |
| |
12|by a school district in this state obtained a criminal history |
| |
13|record check for certification, as required by Section 6-190 of this |
| |
14|title, or for employment with a school as required by this section |
| |
15|in the immediately preceding five (5) years and applies for |
| |
16|employment as a full-time teacher or substitute teacher in another a |
| |
17|school district in this state may not be required to have a national |
| |
18|criminal history record check if the teacher produces a copy of a |
| |
19|the national criminal history record check completed within the |
| |
20|preceding five (5) years and. Any person who has been employed as a |
| |
21|full-time teacher by a school district in this state who applies for |
| |
22|employment as a full-time teacher in another school district in this |
| |
23|state shall also provide a letter from the school district in which |
| |
24|the teacher was employed stating the teacher left in good standing. |
| |
Req. No. 562 Page 4
___________________________________________________________________________
1| 2. For any person applying for employment as a substitute |
| |
2|teacher, a national criminal history record check shall be required |
| |
3|for the school year; provided, however, a board of education may |
| |
4|choose whether to require a national criminal history record check |
| |
5|from a prospective substitute teacher who has been employed by the |
| |
6|school district in the last year. Any person applying for |
| |
7|employment as a substitute teacher in more than one school district |
| |
8|shall only be required to have one national criminal history record |
| |
9|check, and, upon the request of the substitute teacher, that record |
| |
10|check shall be sent to all other school districts in which the |
| |
11|substitute teacher is applying to teach. |
| |
12| 3. Any person employed as a full-time teacher by a school |
| |
13|district in this state in the five (5) years immediately preceding |
| |
14|an application for employment as a substitute teacher may not be |
| |
15|required to have a national criminal history record check, if the |
| |
16|teacher produces a copy of a national criminal history record check |
| |
17|completed within the preceding five (5) years and a letter from the |
| |
18|school district in which the teacher was last employed stating the |
| |
19|teacher left in good standing. |
| |
20| 4. Any person employed as a substitute teacher by a school |
| |
21|district in this state for a minimum of five (5) years immediately |
| |
22|preceding an application for employment as a full-time teacher in a |
| |
23|school district in this state may not be required to have a national |
| |
24|criminal history record check if the teacher produces a copy of a |
| |
Req. No. 562 Page 5
___________________________________________________________________________
1|national criminal history record check completed within the |
| |
2|preceding five (5) years and a letter from the school district in |
| |
3|which the teacher was employed as a substitute teacher stating the |
| |
4|teacher left in good standing. |
| |
5| 5. Any person employed as a full-time teacher by a school |
| |
6|district in this state for ten (10) or more consecutive years |
| |
7|immediately preceding an application for employment as a substitute |
| |
8|teacher in the same school district may not be required to have a |
| |
9|national criminal history record check for as long as the person |
| |
10|remains employed for consecutive years by that school district as a |
| |
11|substitute teacher, if the teacher left full-time employment in good |
| |
12|standing. If the teacher applies for employment as a substitute |
| |
13|teacher in another school district, a national criminal history |
| |
14|record check shall be required. |
| |
15| G. 1. Except as otherwise provided by this subsection, any |
| |
16|teacher employed by an Oklahoma school district prior to the |
| |
17|effective date of this act May 19, 2020, who does not have an |
| |
18|Oklahoma criminal history record check from the Oklahoma State |
| |
19|Bureau of Investigation as well as a national criminal history |
| |
20|record check, as defined in Section 150.9 of Title 74 of the |
| |
21|Oklahoma Statutes, on file with his or her employing district as |
| |
22|required by this section shall complete the criminal history record |
| |
23|checks upon the next renewal of his or her Standard Teaching |
| |
24|Certificate standard teaching certificate as required by Section |
| |
Req. No. 562 Page 6
___________________________________________________________________________
1|6-154.1 of this title or State Board of Education administrative |
| |
2|rules promulgated thereto. |
| |
3| 2. Except as otherwise provided by this subsection, any other |
| |
4|person employed by an Oklahoma school district prior to the |
| |
5|effective date of this act May 20, 2020, who does not have an |
| |
6|Oklahoma criminal history record check from the Oklahoma State |
| |
7|Bureau of Investigation as well as a national criminal history |
| |
8|record check, as defined in Section 150.9 of Title 74 of the |
| |
9|Oklahoma Statutes, on file with his or her employing district as |
| |
10|required by this section shall have until July 1, 2022, to complete |
| |
11|the criminal history record checks. |
| |
12| 3. Any teacher eligible to retire from the Teachers' Retirement |
| |
13|System of Oklahoma who does not have an Oklahoma criminal history |
| |
14|record check from the Oklahoma State Bureau of Investigation as well |
| |
15|as a national criminal history record check, as defined in Section |
| |
16|150.9 of Title 74 of the Oklahoma Statutes, on file with his or her |
| |
17|employing district as required by this section shall complete the |
| |
18|criminal history record checks by the earlier of the following |
| |
19|dates: |
| |
20| a. July 1, 2022, or |
| |
21| b. at the next renewal of his or her Standard Teaching |
| |
22| Certificate standard teaching certificate as required |
| |
23| by Section 6-154.1 of this title or State Board of |
| |
24| Education administrative rules promulgated thereto. |
| |
Req. No. 562 Page 7
___________________________________________________________________________
1| H. The provisions of this section shall not apply to technology |
| |
2|center employees hired on a part-time or temporary basis for the |
| |
3|instruction of adult students only. |
| |
4| I. The provisions of this section shall not apply to law |
| |
5|enforcement officers who are employed by an employing agency at the |
| |
6|time of application for employment at a public school district. |
| |
7| J. Nothing in this section shall be construed to impose |
| |
8|liability on school districts, except in negligence, for employing |
| |
9|prospective employees within the sixty-day temporary employment |
| |
10|window pending the results of the national criminal history record |
| |
11|check. |
| |
12| SECTION 2. This act shall become effective July 1, 2023. |
| |
13| SECTION 3. It being immediately necessary for the preservation |
| |
14|of the public peace, health, or safety, an emergency is hereby |
| |
15|declared to exist, by reason whereof this act shall take effect and |
| |
16|be in full force from and after its passage and approval. |
| |
17| |
| |
18| 59-1-562 EB 1/16/2023 6:54:58 AM |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 562 Page 8
