1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 362 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 5-142, which relates to criminal history
8 record checks for school employment; removing certain
8 exemption from obtaining new criminal history record
9 check; updating statutory language; providing
9 exemption from obtaining new criminal history record
10 check to certain persons who have obtained a record
10 check for certain purposes within certain time
11 period; directing certain persons seeking employment
11 as a full-time teacher to include certain letter;
12 removing certain exemptions from obtaining new
12 criminal history record check; providing an effective
13 date; and declaring an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-142, is
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18 amended to read as follows:
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19 Section 5-142. A. Except as otherwise provided for in
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20 subsection F of this section, for purposes of employment, a board of
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21 education may request in writing to the State Board of Education
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22 that a national criminal history record check be conducted of any
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23 employee of the school and shall request such information for any
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24 person seeking employment with the school; provided that a board of
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 1 education shall not be required to obtain a new criminal history
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2 record check for an individual who has obtained certification from
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3 the State Department of Education within the previous twelve (12)
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4 months. The Oklahoma State Bureau of Investigation (OSBI) shall
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5 obtain fingerprints of the employee or prospective employee and
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6 require that the person pay a search fee not to exceed Fifty Dollars
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7 ($50.00) or the cost of the search, whichever is the lesser amount.
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8 The fee shall be deposited in the OSBI Revolving Fund. School
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9 districts may reimburse employees for the cost of the search. The
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10 State Board of Education shall contact the Oklahoma State Bureau of
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11 Investigation for any national criminal history record of the person
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12 within fourteen (14) working days of receiving a written request
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13 from the board of education.
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14 B. The Oklahoma State Bureau of Investigation shall provide the
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15 national criminal history record check requested by the State Board
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16 of Education within fourteen (14) working days from the receipt of
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17 the request. The Bureau may contact the Federal Bureau of
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18 Investigation to obtain the information requested.
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19 C. The State Board of Education shall provide the information
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20 received from the Oklahoma State Bureau of Investigation to the
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21 board of education within fourteen (14) days from the receipt of the
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22 information. The State Board of Education shall provide any follow-
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23 up information received from the OSBI concerning a person for which
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 1 whom a national criminal history record check was requested to the
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2 employing board of education.
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3 D. For the purpose of this section:
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4 1. “Board of education” includes both public and private boards
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5 of education within or outside this state;
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6 2. “Employing agency” means a political subdivision or law
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7 enforcement agency in this state;
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8 3. “Law enforcement officer” means a peace or police officer
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9 who is certified by the Council on Law Enforcement Education and
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10 Training;
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11 4. “National criminal history record check” means a national
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12 criminal history record check as defined in Section 150.9 of Title
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13 74 of the Oklahoma Statutes; and
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14 5. “Prospective employee” means an individual who has received
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15 an offer of temporary employment from a school district pending the
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16 results of the national criminal history record check.
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17 E. Each public board of education within this state shall
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18 promulgate a statement regarding the felony record search policy for
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19 that school district. The policy may permit temporary employment of
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20 prospective employees for a maximum of sixty (60) days pending
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21 receipt of results of national criminal history record check
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22 requests. The temporary employment of the prospective employee
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23 shall terminate after sixty (60) days unless the school district
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24 receives the results of the national criminal history record check.
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 1 The sixty-day temporary employment period shall begin on the first
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2 day the prospective employee reports for duty at the employing
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3 school district. Prospective employees shall be notified of the
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4 requirement, the fee, and the reimbursement policy when first
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5 interviewed concerning employment. The school district’s
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6 reimbursement policy shall provide, at a minimum, that employees
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7 shall be promptly reimbursed in full for the fee if employed by the
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8 district at the time the national criminal history record check
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9 request is made unless the person was employed pending receipt of
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10 results as set forth above.
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11 F. 1. Any person who has been employed as a full-time teacher
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12 by a school district in this state obtained a criminal history
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13 record check for certification, as required by Section 6-190 of this
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14 title, or for employment with a school as required by this section
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15 in the immediately preceding five (5) years and applies for
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16 employment as a full-time teacher or substitute teacher in another a
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17 school district in this state may not be required to have a national
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18 criminal history record check if the teacher produces a copy of a
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19 the national criminal history record check completed within the
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20 preceding five (5) years and. Any person who has been employed as a
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21 full-time teacher by a school district in this state who applies for
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22 employment as a full-time teacher in another school district in this
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23 state shall also provide a letter from the school district in which
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24 the teacher was employed stating the teacher left in good standing.
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 1 2. For any person applying for employment as a substitute
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2 teacher, a national criminal history record check shall be required
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3 for the school year; provided, however, a board of education may
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4 choose whether to require a national criminal history record check
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5 from a prospective substitute teacher who has been employed by the
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6 school district in the last year. Any person applying for
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7 employment as a substitute teacher in more than one school district
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8 shall only be required to have one national criminal history record
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9 check, and, upon the request of the substitute teacher, that record
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10 check shall be sent to all other school districts in which the
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11 substitute teacher is applying to teach.
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12 3. Any person employed as a full-time teacher by a school
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13 district in this state in the five (5) years immediately preceding
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14 an application for employment as a substitute teacher may not be
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15 required to have a national criminal history record check, if the
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16 teacher produces a copy of a national criminal history record check
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17 completed within the preceding five (5) years and a letter from the
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18 school district in which the teacher was last employed stating the
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19 teacher left in good standing.
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20 4. Any person employed as a substitute teacher by a school
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21 district in this state for a minimum of five (5) years immediately
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22 preceding an application for employment as a full-time teacher in a
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23 school district in this state may not be required to have a national
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24 criminal history record check if the teacher produces a copy of a
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 1 national criminal history record check completed within the
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2 preceding five (5) years and a letter from the school district in
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3 which the teacher was employed as a substitute teacher stating the
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4 teacher left in good standing.
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5 5. Any person employed as a full-time teacher by a school
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6 district in this state for ten (10) or more consecutive years
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7 immediately preceding an application for employment as a substitute
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8 teacher in the same school district may not be required to have a
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9 national criminal history record check for as long as the person
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10 remains employed for consecutive years by that school district as a
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11 substitute teacher, if the teacher left full-time employment in good
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12 standing. If the teacher applies for employment as a substitute
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13 teacher in another school district, a national criminal history
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14 record check shall be required.
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15 G. 1. Except as otherwise provided by this subsection, any
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16 teacher employed by an Oklahoma school district prior to the
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17 effective date of this act May 19, 2020, who does not have an
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18 Oklahoma criminal history record check from the Oklahoma State
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19 Bureau of Investigation as well as a national criminal history
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20 record check, as defined in Section 150.9 of Title 74 of the
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21 Oklahoma Statutes, on file with his or her employing district as
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22 required by this section shall complete the criminal history record
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23 checks upon the next renewal of his or her Standard Teaching
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24 Certificate standard teaching certificate as required by Section 6-
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 1 154.1 of this title or State Board of Education administrative rules
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2 promulgated thereto.
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3 2. Except as otherwise provided by this subsection, any other
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4 person employed by an Oklahoma school district prior to the
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5 effective date of this act May 20, 2020, who does not have an
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6 Oklahoma criminal history record check from the Oklahoma State
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7 Bureau of Investigation as well as a national criminal history
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8 record check, as defined in Section 150.9 of Title 74 of the
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9 Oklahoma Statutes, on file with his or her employing district as
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10 required by this section shall have until July 1, 2022, to complete
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11 the criminal history record checks.
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12 3. Any teacher eligible to retire from the Teachers’ Retirement
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13 System of Oklahoma who does not have an Oklahoma criminal history
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14 record check from the Oklahoma State Bureau of Investigation as well
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15 as a national criminal history record check, as defined in Section
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16 150.9 of Title 74 of the Oklahoma Statutes, on file with his or her
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17 employing district as required by this section shall complete the
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18 criminal history record checks by the earlier of the following
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19 dates:
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20 a. July 1, 2022, or
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21 b. at the next renewal of his or her Standard Teaching
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22 Certificate standard teaching certificate as required
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23 by Section 6-154.1 of this title or State Board of
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24 Education administrative rules promulgated thereto.
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 1 H. The provisions of this section shall not apply to technology
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2 center employees hired on a part-time or temporary basis for the
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3 instruction of adult students only.
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4 I. The provisions of this section shall not apply to law
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5 enforcement officers who are employed by an employing agency at the
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6 time of application for employment at a public school district.
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7 J. Nothing in this section shall be construed to impose
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8 liability on school districts, except in negligence, for employing
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9 prospective employees within the sixty-day temporary employment
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10 window pending the results of the national criminal history record
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11 check.
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12 SECTION 2. This act shall become effective July 1, 2023.
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13 SECTION 3. It being immediately necessary for the preservation
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14 of the public peace, health, or safety, an emergency is hereby
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15 declared to exist, by reason whereof this act shall take effect and
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16 be in full force from and after its passage and approval.
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18 59-1-562 EB 1/15/2023 1:14:38 PM
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