Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB362 Compare Versions

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Version 2 (New)

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3		-	SB362 HFLR Page 1
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	3	+	ENGR. S. B. NO. 362 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 362 By: Pugh of the Senate
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38	31		and
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40	33		Baker of the House
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45	38		An Act relating to schools; amending 70 O.S. 2021,
46	39		Section 5-142, which relates to criminal history
47	40		record checks for school emp loyment; removing certain
48	41		exemption from obtaining new criminal history record
49	42		check; updating statutory language; providing
50	43		exemption from obtaining new criminal history record
51	44		check to certain persons who have obtained a record
52	45		check for certain purposes within certain time
53	46		period; directing certain persons seeking employment
54	47		as a full-time teacher to include certain letter;
55	48		removing certain exemptions from obtaining new
56	49		criminal history record check ; providing an effective
57	50		date; and declaring an emergenc y.
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63	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64	57		SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -142, is
65	58		amended to read as follows:
66	59		Section 5-142. A. Except as otherwis e provided for in
67	60		subsection F of this s ection, for purposes of employme nt, a board of
68	61		education may request in writing to the State Board of Education
69	62		that a national criminal history record check be conducted of any
	63	+	employee of the school and shall reque st such information for any
	64	+	person seeking employment with the school ; provided that a board of
	65	+	education shall not be required to obtain a new criminal h istory
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71		-	SB362 HFLR Page 2
72		-	BOLD FACE denotes Committee Amendments. 1
	67	+	ENGR. S. B. NO. 362 Page 2 1
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97		-	employee of the school and shall request such information for any
98		-	person seeking employment with the school ; provided that a board of
99		-	education shall not be required to obtain a new criminal h istory
100	92		record check for an individual who has obtained certificat ion from
101	93		the State Department of Educ ation within the previous twelve (12)
102	94		months. The Oklahoma State Bureau of Investigation (OSBI) shall
103	95		obtain fingerprints of the employee or prospective employee and
104	96		require that the person pay a search fee not to exce ed Fifty Dollars
105	97		($50.00) or the cost of the search, whichever is the lesser amount.
106	98		The fee shall be deposi ted in the OSBI Revolving Fund. School
107	99		districts may reimburse employees for the cost of the search. The
108	100		State Board of Education shall contact t he Oklahoma State Bureau of
109	101		Investigation for any national criminal history r ecord of the person
110	102		within fourteen (14) working days of receiving a written request
111	103		from the board of education.
112	104		B. The Oklahoma State Bureau of Investigation shall provide the
113	105		national criminal history record chec k requested by the State Board
114	106		of Education within fourteen (14) working days from the receipt of
115	107		the request. The Bureau may contact the Federal Bureau of
116	108		Investigation to obtain the information requested.
117	109		C. The State Board of Education shall provide t he information
118	110		received from the Oklahom a State Bureau of Investigation to the
119	111		board of education within fourteen (14) days from the receipt of the
120	112		information. The State Board of Education shall provide any follow -
	113	+	up information received from the OSBI co ncerning a person for which
	114	+	whom a national criminal history record chec k was requested to the
	115	+	employing board of education.
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122		-	SB362 HFLR Page 3
123		-	BOLD FACE denotes Committee Amendments. 1
	117	+	ENGR. S. B. NO. 362 Page 3 1
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148		-	up information received from the OSBI concerning a person for which
149		-	whom a national criminal history record chec k was requested to the
150		-	employing board of education.
151	142		D. For the purpose of this sectio n:
152	143		1. “Board of education” includes both public and private boards
153	144		of education within or outsid e this state;
154	145		2. “Employing agency” means a political subdivision or la w
155	146		enforcement agency in this state;
156	147		3. “Law enforcement officer ” means a peace or poli ce officer
157	148		who is certified by the Council on Law Enforcemen t Education and
158	149		Training;
159	150		4. “National criminal history record check ” means a national
160	151		criminal history reco rd check as defined in Section 150.9 of Title
161	152		74 of the Oklahoma Statutes; and
162	153		5. “Prospective employee” means an individual who has received
163	154		an offer of temporary employment from a s chool district pending the
164	155		results of the national criminal history reco rd check.
165	156		E. Each public board of education within this state shall
166	157		promulgate a statement regarding the felony record search policy for
167	158		that school district. The policy may permit t emporary employment of
168	159		prospective employees for a maximum of sixty (60) days pending
169	160		receipt of results of national criminal history record check
170	161		requests. The temporary employment of the prospective employee
171	162		shall terminate after sixty (60) days unless the school district
	163	+	receives the results of the national criminal histor y record check.
	164	+	The sixty-day temporary employment period shall begin on the first
	165	+	day the prospective employee reports for duty at the employing
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173		-	SB362 HFLR Page 4
174		-	BOLD FACE denotes Committee Amendments. 1
	167	+	ENGR. S. B. NO. 362 Page 4 1
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199		-	receives the results of the national criminal histor y record check.
200		-	The sixty-day temporary employment period shall begin on the first
201		-	day the prospective employee reports for duty at the employing
202	192		school district. Prospective employe es shall be notified of the
203	193		requirement, the fee, and the reimbursement policy when first
204	194		interviewed concerning employment. The school district ’s
205	195		reimbursement policy shall provide, at a minimum, that employees
206	196		shall be promptly reimbursed in full for th e fee if employed by the
207	197		district at the time the national criminal hist ory record check
208	198		request is made unless the person was employed pending receipt of
209	199		results as set forth above.
210	200		F. 1. Any person who has been employed as a full-time teacher
211	201		by a school district in this state obtained a criminal history
212	202		record check for certification, as required by Section 6 -190 of this
213	203		title, or for employment with a school as required by this section
214	204		in the immediately preceding five (5) years and applies for
215	205		employment as a full-time teacher or substitute teacher in another a
216	206		school district in this state may not be required to have a national
217	207		criminal history record check if the teacher produces a copy of a
218	208		the national criminal history record check completed within the
219	209		preceding five (5) years and . Any person who has been employed as a
220	210		full-time teacher by a school district in this state who applies for
221	211		employment as a full-time teacher in another school district in this
	212	+	state shall also provide a letter from the school district in which
	213	+	the teacher was employed stating the teacher le ft in good standing.
	214	+	2. For any person applying for employment as a substitute
	215	+	teacher, a national criminal history record check shall be required
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223		-	SB362 HFLR Page 5
224		-	BOLD FACE denotes Committee Amendments. 1
	217	+	ENGR. S. B. NO. 362 Page 5 1
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249		-	state shall also provide a letter from the school district in which
250		-	the teacher was employed stating the teacher le ft in good standing.
251		-	2. For any person applying for employment as a substitute
252		-	teacher, a national criminal history record check shall be required
253	242		for the school year; provided, howev er, a board of education may
254	243		choose whether to require a national crimin al history record check
255	244		from a prospective substitute teacher who has been employed by the
256	245		school district in the last year. Any person applying f or
257	246		employment as a substitute teacher in more than one school district
258	247		shall only be required to have one nat ional criminal history record
259	248		check, and, upon the request of the substitute teacher, that record
260	249		check shall be sent to all other school districts in which the
261	250		substitute teacher is a pplying to teach.
262	251		3. Any person employe d as a full-time teacher by a sc hool
263	252		district in this state in the five (5) years immediately preceding
264	253		an application for employment as a substitute teacher may not be
265	254		required to have a national criminal history re cord check, if the
266	255		teacher produces a co py of a national criminal histor y record check
267	256		completed within the preceding five (5) years and a letter from the
268	257		school district in which the teacher was last employed stating t he
269	258		teacher left in good standing.
270	259		4. Any person employed as a substitute tea cher by a school
271	260		district in this state for a minimum of five (5) years immediately
272	261		preceding an application for employment as a full -time teacher in a
	262	+	school district in this sta te may not be required to have a nati onal
	263	+	criminal history record check if th e teacher produces a copy of a
	264	+	national criminal history record check completed within the
	265	+	preceding five (5) years and a letter from the school district in
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274		-	SB362 HFLR Page 6
275		-	BOLD FACE denotes Committee Amendments. 1
	267	+	ENGR. S. B. NO. 362 Page 6 1
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300		-	school district in this sta te may not be require d to have a national
301		-	criminal history record check if th e teacher produces a copy of a
302		-	national criminal history record check completed within the
303		-	preceding five (5) years and a letter from the school district in
304	292		which the teacher was employed as a substitute teacher stat ing the
305	293		teacher left in good standing.
306	294		5. Any person employed as a full -time teacher by a school
307	295		district in this state for ten (10) or more consecutive years
308	296		immediately preceding an application for employment as a su bstitute
309	297		teacher in the same school d istrict may not be required to have a
310	298		national criminal history record c heck for as long as the person
311	299		remains employed for consecutive years by that school district as a
312	300		substitute teacher, if the teacher left full -time employment in good
313	301		standing. If the teacher applies for employment as a su bstitute
314	302		teacher in another scho ol district, a national criminal history
315	303		record check shall be required.
316	304		G. 1. Except as otherwise provided by this subsection, any
317	305		teacher employed by an Oklahoma school district pr ior to the
318	306		effective date of this act May 19, 2020, who does not have an
319	307		Oklahoma criminal history record check from the Oklahoma State
320	308		Bureau of Investigation as well as a national criminal history
321	309		record check, as def ined in Section 150.9 of Title 74 of the
322	310		Oklahoma Statutes, on file with his or her employing district as
323	311		required by this section shall complete the criminal history record
	312	+	checks upon the next renewal of his or her Standard Teaching
	313	+	Certificate standard teaching certificate as required by Section 6-
	314	+	154.1 of this title or State Bo ard of Education administrative rules
	315	+	promulgated thereto.
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325		-	SB362 HFLR Page 7
326		-	BOLD FACE denotes Committee Amendments. 1
	317	+	ENGR. S. B. NO. 362 Page 7 1
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351		-	checks upon the next renewal of his or her Standard Teaching
352		-	Certificate standard teaching certificate as required by Section 6-
353		-	154.1 of this title or State Bo ard of Education administrative rules
354		-	promulgated thereto.
355	342		2. Except as otherwise provid ed by this subsection, any other
356	343		person employed by an Oklahoma school district prior to the
357	344		effective date of this act May 20, 2020, who does not have an
358	345		Oklahoma criminal history record check from the Oklahoma State
359	346		Bureau of Investigation as well as a national crimin al history
360	347		record check, as defined in Section 150.9 of Title 74 of the
361	348		Oklahoma Statutes, on file with his or he r employing district as
362	349		required by this section shall have until July 1 , 2022, to complete
363	350		the criminal history record checks.
364	351		3. Any teacher eligible to retire from the Teachers ’ Retirement
365	352		System of Oklahoma who d oes not have an Oklahoma criminal histo ry
366	353		record check from the Oklahoma State Bureau of Investigation as well
367	354		as a national criminal history record check, as defined in Section
368	355		150.9 of Title 74 of the Oklahoma Statutes, on file with his or her
369	356		employing district as required by this section sh all complete the
370	357		criminal history record checks by the earlier of the fo llowing
371	358		dates:
372	359		a. July 1, 2022, or
373	360		b. at the next renewal of his or her Standard Teaching
374	361		Certificate standard teaching certificate as required
	362	+	by Section 6-154.1 of this title or Stat e Board of
	363	+	Education administrative rule s promulgated thereto.
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376		-	SB362 HFLR Page 8
377		-	BOLD FACE denotes Committee Amendments. 1
	365	+	ENGR. S. B. NO. 362 Page 8 1
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402		-	by Section 6-154.1 of this title or State Board of
403		-	Education administrative rule s promulgated thereto.
404	390		H. The provisions of this section shall not apply to technology
405	391		center employees hired on a part -time or temporary basis for the
406	392		instruction of adult st udents only.
407	393		I. The provisions of this section shall not apply to law
408	394		enforcement officers who are employed by an employing agency at the
409	395		time of application for employment at a public school district.
410	396		J. Nothing in this section shall be construed to imp ose
411	397		liability on school districts, excep t in negligence, for employing
412	398		prospective employees within the sixty -day temporary employment
413	399		window pending the results of the national criminal history record
414	400		check.
415	401		SECTION 2. This act shall beco me effective July 1, 2023.
416	402		SECTION 3. It being immediately nece ssary for the preservation
417	403		of the public peace, health, or safety, an emergency is hereby
418	404		declared to exist, by reason whereof thi s act shall take effect and
419	405		be in full force from and after its passage and approval.
420	406
421		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2023
422		-	- DO PASS.
	407	+	ENGR. S. B. NO. 362 Page 9 1
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	432	+	Passed the Senate the 7th day of March, 2023.
	433	+
	434	+
	435	+
	436	+	Presiding Officer of the Senate
	437	+
	438	+
	439	+	Passed the House of Representatives the ____ day of __________,
	440	+	2023.
	441	+
	442	+
	443	+
	444	+	Presiding Officer of the House
	445	+	of Representatives
	446	+