Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB126 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	~~Req~~. No. ~~2179~~ Page 1 1
	3	+	ENGR. H. A. to ENGR. S. B. NO. 126 Page 1 1
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28		-	STATE OF OKLAHOMA
29		-
30		-	1st Session of the 59th Legislature (2023)
31		-
32		-	CONFERENCE COMMITTEE SUBSTITUTE
33		-	FOR ENGROSSED
34		-	SENATE BILL 126 By: Bullard of the Senate
	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 126 By: Bullard of the Senate
35	31
36	32		and
37	33
38	34		Conley of the House
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44		-	CONFERENCE COMMITTEE SU BSTITUTE
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46		-	An Act relating to students; amending 70 O.S. 2021,
47		-	Section 5-144, which relates to notification to
48		-	school districts; modifying language to direct
49		-	notification upon charging of certain employees;
50		-	requiring an arresting law enforcement agency to
51		-	notify a superintendent if a student has been
52		-	arrested for certain violent crime; directing
53		-	notification to be conducted with due regard for
54		-	certain provisions; directing certain notification
55		-	and information to be part of a student ’s permanent
56		-	records; directing records to be provided to a
57		-	receiving district under certain circumstances ;
58		-	allowing a request to remove certain in formation if
59		-	certain conviction or plea is expunged; requiring a
60		-	parent or legal guardian to disclose to a
61		-	superintendent whether a student has been arrested
62		-	for certain violent crime; providing an effective
63		-	date; and declaring an emergency .
	41	+
	42	+	[ students - notification - records - effective
	43	+	date -
	44	+	emergency ]
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68		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
69		-	SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -144, is
70		-	amended to read as follows:
71	49
72		-	Req. No. 2179 Page 2 1
	50	+	NOTE: Emergency failed
	51	+
	52	+	AMENDMENT NO. 1. Page 1, Line 10, strike the enacting clause
	53	+
	54	+	Passed the House of Representatives the 27th day of April, 2023.
	55	+
	56	+
	57	+
	58	+
	59	+
	60	+	Presiding Officer of the House of
	61	+	Representatives
	62	+
	63	+
	64	+	Passed the Senate the ____ day of _______ ___, 2023.
	65	+
	66	+
	67	+
	68	+
	69	+
	70	+	Presiding Officer of the Senate
	71	+
	72	+
	73	+	ENGR. S. B. NO. 126 Page 1 1
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	98	+	ENGROSSED SENATE
	99	+	BILL NO. 126 By: Bullard of the Senate
	100	+
	101	+	and
	102	+
	103	+	Conley of the House
	104	+
	105	+
	106	+
	107	+
	108	+	[ students - notification - records - effective
	109	+	date -
	110	+	emergency ]
	111	+
	112	+
	113	+
	114	+
	115	+
	116	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	117	+	SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -144, is
	118	+	amended to read as follows:
97	119		Section 5-144. A. If in the course of an investigation it is
98	120		discovered that a person charged in an information or ind ictment
99	121		with a felony or violent misdemeanor is a student or an employee of
100	122		a school district or a public school in the state, or an employee
101	123		working on school property for an entity that provides services to a
102	124		school district or a public school on school property, with due
103	125		regard for the provisions of subsection C of Section 2-6-102 of
104	126		Title 10A of the Oklahoma Statutes , the district attorney shall
105	127		notify the superintendent of the district of the charges filed
106	128		against the student or employee. In addition to notifying the
107	129		superintendent of the district when charges have been filed against
108		-	an employee of the s chool district, the district attorney s hall
109		-	notify the State Board of Education.
110		-	B. If in the course of an ar rest for a violent crime, as
111		-	defined by Section 571 of Title 57 of the Oklahoma Statutes, it is
112		-	discovered that the person being arrested is a stu dent of a school
113		-	district or public sch ool in this state, the arresting law
114		-	enforcement agency shall n otify the superintendent of the school
115		-	district or public school in which the stu dent is enrolled. The
116		-	notification of the arrest and any information regarding the
117		-	adjudication of the student shall be conducted with due r egard for
118		-	the provisions of subsecti on C of Section 2-6-102 of Title 10A of
119		-	the Oklahoma Statutes. The notification and related in formation
120		-	shall be kept as part of the student’s permanent records and shall
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122		-	~~Req~~. No. ~~2179~~ Page 3 1
	131	+	ENGR. S. B. NO. 126 Page 2 1
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	156	+	an employee of the school district, the district attorney shall
	157	+	notify the State Board of Education.
	158	+	B. If in the course of an ar rest for a violent crime, as
	159	+	defined by Section 571 of Title 57 of the Oklahoma Statutes, it is
	160	+	discovered that the person being arrested is a student of a school
	161	+	district or public school in this state, the arresting law
	162	+	enforcement agency shall n otify the superintendent of the school
	163	+	district or public school in which the stu dent is enrolled. The
	164	+	notification of the arrest and any information regarding the
	165	+	adjudication of the student shall be conducted with due r egard for
	166	+	the provisions of subsecti on C of Section 2-6-102 of Title 10A of
	167	+	the Oklahoma Statutes. The notification and related in formation
	168	+	shall be kept as part of the student’s permanent records and shall
147	169		only be included in the records provided to a receiving district due
148	170		to a student transfer conducted pursuant to the Education Open
149	171		Transfer Act if the student is convicted of or pleads guilty or nolo
150		-	contendere to a violent crime. If a student’s conviction or plea of
151		-	guilty or nolo contendere to a violent crime is exp unged pursuant to
152		-	Sections 18 and 19 of Title 22 of the O klahoma Statutes, the student
153		-	or his or her parent or legal guard ian may request that the
154		-	information be removed f rom the student’s permanent records.
	172	+	contendere to a violent crime.
155	173		C. Beginning with the 2023 -2024 school year, each school
156	174		district shall include in its student enrollment and transfer
157	175		documentation a request for information regarding any arrest of a
158	176		student for a violent crime, as defined by Section 571 of Title 57
159	177		of the Oklahoma Statutes. Failure to provide information requested
160	178		pursuant to this subsection shall not prohibit the enroll ment or
161	179		transfer of a student.
162		-	D. The school district ma y take any action it deems necessary
163		-	that is in compliance with the requi rements of the Family
164		-	Educational Rights and Privacy Act of 1974 with regard to such
165		-	information.
166		-	C. E. When an employee of the school district has been
167		-	convicted, whether upon a ver dict or plea of guilty or nolo
168		-	contendere, or received a suspended sentence or any probationary
169		-	term for a crime provided for in subparagraph a of paragraph 6 of
170		-	Section 3-104 of this title, the district court shall notify the
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172		-	~~Req~~. No. ~~2179~~ Page 4 1
	181	+	ENGR. S. B. NO. 126 Page 3 1
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	206	+	D. The school district may tak e any action it deems necessary
	207	+	that is in compliance with the requi rements of the Family
	208	+	Educational Rights and Privacy Act of 1974 with regard to such
	209	+	information.
	210	+	C. E. When an employee of the school district has been
	211	+	convicted, whether upon a verdict or plea of guilty or nolo
	212	+	contendere, or received a suspended sentence or any probationary
	213	+	term for a crime provided for in subparagraph a of paragraph 6 of
	214	+	Section 3-104 of this title, the district court shall notify the
197	215		State Board of Education of said the conviction, if the district
198	216		court has discovered during the course of th e proceedings that the
199	217		person is an employee of a school district.
200	218		SECTION 2. This act shall become effectiv e July 1, 2023.
201	219		SECTION 3. It being immediately necessary for the preservation
202	220		of the public peace, health , or safety, an emergency is hereby
203	221		declared to exist, by reason whereof thi s act shall take effect and
204	222		be in full force from and aft er its passage and approval.
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	224	+	ENGR. S. B. NO. 126 Page 4 1
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	249	+	Passed the Senate the 22nd day of March, 2023.
	250	+
	251	+
	252	+
	253	+	Presiding Officer of the Senate
	254	+
	255	+
	256	+	Passed the House of Representatives the ____ day of __________,
	257	+	2023.
	258	+
	259	+
	260	+
	261	+	Presiding Officer of the House
	262	+	of Representatives
	263	+
	264	+