Req. No. 94 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 126 By: Bullard
AS INTRODUCED
An Act relating to students; amending 70 O.S. 2021,
Section 5-144, which relates to notification to
school districts; modifying language to direct
notification upon charging of certain employees;
requiring an arresting law enforcement agency to
notify a superintendent if a student has been
arrested for certain violent crime; directing
notification to be conducted with due regard for
certain provisions; directing certain notification
and information to be part of a student ’s permanent
records; directing records to be provided to a
receiving district; requiring a parent or legal
guardian to disclose to a superintendent whether a
student has been arrested for certain violent crime ;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -144, is
amended to read as follows:
Section 5-144. A. If in the course of an investigation it is
discovered that a person charged in an information or indictment
with a felony or violent misdemeanor is a student or an employee of
a school district or a public school in the s tate, or an employee
working on school property for an entity that provides services to a
Req. No. 94 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
school district or a public school on school property , with due
regard for the provisions of subsection C of Sectio n 2-6-102 of
Title 10A of the Oklahoma Statutes , the district attorney shall
notify the superintendent of the district of the charges filed
against the student or employee. In addition to notifying the
superintendent of the district when charges have been filed against
an employee of the school district, the district attorney shall
notify the State Board of Education.
B. If in the course of an ar rest for a violent crime, as
defined by Section 571 of Title 57 of the Oklahoma Statutes, it is
discovered that the person being arrested is a student of a school
district or public school in this state, the arresting law
enforcement agency shall n otify the superintendent of the school
district or public school in which the stu dent is enrolled. The
notification of the arrest and any information regarding the
adjudication of the student shall be conducted with due r egard for
the provisions of subsecti on C of Section 2-6-102 of Title 10A of
the Oklahoma Statutes and shall be kept as part of the student’s
permanent records and included in the records provided to a
receiving district due to a student transfer conducted pursuant to
the Education Open Tra nsfer Act.
C. Beginning with the 2023 -2024 school year, prior to
enrollment of a student in a public school i n this state, the
student’s parent or legal guardian shall notify the school if the
Req. No. 94 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
student has been arrested for a violent crime, as defined by Section
571 of Title 57 of the Oklahoma Statutes .
D. The school district may tak e any action it deems necessary
that is in compliance with the requi rements of the Family
Educational Rights and Privacy Act of 1974 with regard to such
information.
C. E. When an employee of the school district has been
convicted, whether upon a verdict or plea of guilty or nolo
contendere, or received a suspended sentence or any probationary
term for a crime provided for in subparagraph a of paragraph 6 of
Section 3-104 of this title, the district court shall notify the
State Board of Education of said the conviction, if the district
court has discovered during the course of th e proceedings that the
person is an employee of a school district.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary 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.
59-1-94 EB 1/4/2023 9:06:57 AM