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ENGROSSED SENATE
BILL NO. 362 By: Pugh of the Senate
and
Baker of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 5-142, which relates to criminal history
record checks for school emp loyment; removing certain
exemption from obtaining new criminal history record
check; updating statutory language; providing
exemption from obtaining new criminal history record
check to certain persons who have obtained a record
check for certain purposes within certain time
period; directing certain persons seeking employment
as a full-time teacher to include certain letter;
removing certain exemptions from obtaining new
criminal history record check ; providing an effective
date; and declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -142, is
amended to read as follows:
Section 5-142. A. Except as otherwis e provided for in
subsection F of this s ection, for purposes of employme nt, a board of
education may request in writing to the State Board of Education
that a national criminal history record check be conducted of any
employee of the school and shall reque st such information for any
person seeking employment with the school ; provided that a board of
education shall not be required to obtain a new criminal h istory
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record check for an individual who has obtained certificat ion from
the State Department of Educ ation within the previous twelve (12)
months. The Oklahoma State Bureau of Investigation (OSBI) shall
obtain fingerprints of the employee or prospective employee and
require that the person pay a search fee not to exce ed Fifty Dollars
($50.00) or the cost of the search, whichever is the lesser amount.
The fee shall be deposi ted in the OSBI Revolving Fund. School
districts may reimburse employees for the cost of the search. The
State Board of Education shall contact t he Oklahoma State Bureau of
Investigation for any national criminal history r ecord of the person
within fourteen (14) working days of receiving a written request
from the board of education.
B. The Oklahoma State Bureau of Investigation shall provide the
national criminal history record chec k requested by the State Board
of Education within fourteen (14) working days from the receipt of
the request. The Bureau may contact the Federal Bureau of
Investigation to obtain the information requested.
C. The State Board of Education shall provide t he information
received from the Oklahom a State Bureau of Investigation to the
board of education within fourteen (14) days from the receipt of the
information. The State Board of Education shall provide any follow -
up information received from the OSBI co ncerning a person for which
whom a national criminal history record chec k was requested to the
employing board of education.
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D. For the purpose of this sectio n:
1. “Board of education” includes both public and private boards
of education within or outsid e this state;
2. “Employing agency” means a political subdivision or la w
enforcement agency in this state;
3. “Law enforcement officer ” means a peace or poli ce officer
who is certified by the Council on Law Enforcemen t Education and
Training;
4. “National criminal history record check ” means a national
criminal history reco rd check as defined in Section 150.9 of Title
74 of the Oklahoma Statutes; and
5. “Prospective employee” means an individual who has received
an offer of temporary employment from a s chool district pending the
results of the national criminal history reco rd check.
E. Each public board of education within this state shall
promulgate a statement regarding the felony record search policy for
that school district. The policy may permit t emporary employment of
prospective employees for a maximum of sixty (60) days pending
receipt of results of national criminal history record check
requests. The temporary employment of the prospective employee
shall terminate after sixty (60) days unless the school district
receives the results of the national criminal histor y record check.
The sixty-day temporary employment period shall begin on the first
day the prospective employee reports for duty at the employing
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school district. Prospective employe es shall be notified of the
requirement, the fee, and the reimbursement policy when first
interviewed concerning employment. The school district ’s
reimbursement policy shall provide, at a minimum, that employees
shall be promptly reimbursed in full for th e fee if employed by the
district at the time the national criminal hist ory record check
request is made unless the person was employed pending receipt of
results as set forth above.
F. 1. Any person who has been employed as a full-time teacher
by a school district in this state obtained a criminal history
record check for certification, as required by Section 6 -190 of this
title, or for employment with a school as required by this section
in the immediately preceding five (5) years and applies for
employment as a full-time teacher or substitute teacher in another a
school district in this state may not be required to have a national
criminal history record check if the teacher produces a copy of a
the national criminal history record check completed within the
preceding five (5) years and . Any person who has been employed as a
full-time teacher by a school district in this state who applies for
employment as a full-time teacher in another school district in this
state shall also provide a letter from the school district in which
the teacher was employed stating the teacher le ft in good standing.
2. For any person applying for employment as a substitute
teacher, a national criminal history record check shall be required
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for the school year; provided, howev er, a board of education may
choose whether to require a national crimin al history record check
from a prospective substitute teacher who has been employed by the
school district in the last year. Any person applying f or
employment as a substitute teacher in more than one school district
shall only be required to have one nat ional criminal history record
check, and, upon the request of the substitute teacher, that record
check shall be sent to all other school districts in which the
substitute teacher is a pplying to teach.
3. Any person employe d as a full-time teacher by a sc hool
district in this state in the five (5) years immediately preceding
an application for employment as a substitute teacher may not be
required to have a national criminal history re cord check, if the
teacher produces a co py of a national criminal histor y record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher was last employed stating t he
teacher left in good standing.
4. Any person employed as a substitute tea cher by a school
district in this state for a minimum of five (5) years immediately
preceding an application for employment as a full -time teacher in a
school district in this sta te may not be required to have a nati onal
criminal history record check if th e teacher produces a copy of a
national criminal history record check completed within the
preceding five (5) years and a letter from the school district in
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which the teacher was employed as a substitute teacher stat ing the
teacher left in good standing.
5. Any person employed as a full -time teacher by a school
district in this state for ten (10) or more consecutive years
immediately preceding an application for employment as a su bstitute
teacher in the same school d istrict may not be required to have a
national criminal history record c heck for as long as the person
remains employed for consecutive years by that school district as a
substitute teacher, if the teacher left full -time employment in good
standing. If the teacher applies for employment as a su bstitute
teacher in another scho ol district, a national criminal history
record check shall be required.
G. 1. Except as otherwise provided by this subsection, any
teacher employed by an Oklahoma school district pr ior to the
effective date of this act May 19, 2020, who does not have an
Oklahoma criminal history record check from the Oklahoma State
Bureau of Investigation as well as a national criminal history
record check, as def ined in Section 150.9 of Title 74 of the
Oklahoma Statutes, on file with his or her employing district as
required by this section shall complete the criminal history record
checks upon the next renewal of his or her Standard Teaching
Certificate standard teaching certificate as required by Section 6-
154.1 of this title or State Bo ard of Education administrative rules
promulgated thereto.
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2. Except as otherwise provid ed by this subsection, any other
person employed by an Oklahoma school district prior to the
effective date of this act May 20, 2020, who does not have an
Oklahoma criminal history record check from the Oklahoma State
Bureau of Investigation as well as a national crimin al history
record check, as defined in Section 150.9 of Title 74 of the
Oklahoma Statutes, on file with his or he r employing district as
required by this section shall have until July 1 , 2022, to complete
the criminal history record checks.
3. Any teacher eligible to retire from the Teachers ’ Retirement
System of Oklahoma who d oes not have an Oklahoma criminal histo ry
record check from the Oklahoma State Bureau of Investigation as well
as a national criminal history record check, as defined in Section
150.9 of Title 74 of the Oklahoma Statutes, on file with his or her
employing district as required by this section sh all complete the
criminal history record checks by the earlier of the fo llowing
dates:
a. July 1, 2022, or
b. at the next renewal of his or her Standard Teaching
Certificate standard teaching certificate as required
by Section 6-154.1 of this title or Stat e Board of
Education administrative rule s promulgated thereto.
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H. The provisions of this section shall not apply to technology
center employees hired on a part -time or temporary basis for the
instruction of adult st udents only.
I. The provisions of this section shall not apply to law
enforcement officers who are employed by an employing agency at the
time of application for employment at a public school district.
J. Nothing in this section shall be construed to imp ose
liability on school districts, excep t in negligence, for employing
prospective employees within the sixty -day temporary employment
window pending the results of the national criminal history record
check.
SECTION 2. This act shall beco me effective July 1, 2023.
SECTION 3. It being immediately nece ssary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
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Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives