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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 126 By: Bullard of the Senate
and
Conley of the House
CONFERENCE COMMITTEE SU BSTITUTE
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 under certain circumstances ;
allowing a request to remove certain in formation if
certain conviction or plea is expunged; 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:
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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 Oklah oma Statutes, the district attorney sha ll
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 s chool district, the district attorney s hall
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 stu dent of a school
district or public sch ool 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
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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. If a student’s conviction or plea of
guilty or nolo contendere to a violent crime is exp unged pursuant to
Sections 18 and 19 of Title 22 of the O klahoma Statutes, the student
or his or her parent or legal guard ian may request that the
information be removed f rom the student’s permanent records.
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.
D. The school district ma y take 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 ver dict 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
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State Board of Education of said the conviction, if the district
court has discovered during the course of t he 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.
59-1-2179 EB 5/23/2023 2:54:36 PM