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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 126 By: Bullard of the Senate
and
Conley of the House
[ students - notification - records - effective
date -
emergency ]
NOTE: Emergency failed
AMENDMENT NO. 1. Page 1, Line 10, strike the enacting clause
Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 126 By: Bullard of the Senate
and
Conley of the House
[ students - notification - records - effective
date -
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 ind ictment
with a felony or violent misdemeanor is a student or an employee of
a school district or a public school in the state, or an employee
working on school property for an entity that provides services to a
school district or a public school on school property, with due
regard for the provisions of subsection C of Section 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
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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. The notification and related in formation
shall be kept as part of the student’s permanent records and shall
only be included in the records provided to a receiving district due
to a student transfer conducted pursuant to the Education Open
Transfer Act if the student is convicted of or pleads guilty or nolo
contendere to a violent crime.
C. Beginning with the 2023 -2024 school year, each school
district shall include in its student enrollment and transfer
documentation a request for information regarding any arrest of a
student for a violent crime, as defined by Section 571 of Title 57
of the Oklahoma Statutes. Failure to provide information requested
pursuant to this subsection shall not prohibit the enroll ment or
transfer of a student.
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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 effectiv e 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 aft er its passage and approval.
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Passed the Senate the 22nd 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