Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 346 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to school personnel; amending 70 O.S.
7 2021, Section 5-142, which relates to criminal
8 history record checks for school employees; requiring
8 certain letter to include certain attestation;
9 updating statutory language; updating statutory
9 references; providing an effective date; and
10 declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-142, is
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15 amended to read as follows:
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16 Section 5-142. A. Except as otherwise provided for in
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17 subsection F of this section, for purposes of employment, a board of
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18 education may request in writing to the State Board of Education
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19 that a national criminal history record check be conducted of any
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20 employee of the school and shall request such information for any
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21 person seeking employment with the school; provided, that a board of
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22 education shall not be required to obtain a new criminal history
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23 record check for an individual who has obtained certification from
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24 the State Department of Education within the previous twelve (12)
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Req. No. 836 Page 1
1 months. The Oklahoma State Bureau of Investigation (OSBI) shall
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2 obtain fingerprints of the employee or prospective employee and
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3 require that the person pay a search fee not to exceed Fifty Dollars
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4 ($50.00) or the cost of the search, whichever is the lesser amount.
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5 The fee shall be deposited in the OSBI Revolving Fund. School
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6 districts may reimburse employees for the cost of the search. The
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7 State Board of Education shall contact the Oklahoma State Bureau of
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8 Investigation for any national criminal history record of the person
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9 within fourteen (14) working days of receiving a written request
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10 from the board of education.
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11 B. The Oklahoma State Bureau of Investigation shall provide the
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12 national criminal history record check requested by the State Board
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13 of Education within fourteen (14) working days from the receipt of
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14 the request. The Bureau may contact the Federal Bureau of
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15 Investigation to obtain the information requested.
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16 C. The State Board of Education shall provide the information
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17 received from the Oklahoma State Bureau of Investigation to the
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18 board of education within fourteen (14) days from the receipt of the
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19 information. The State Board of Education shall provide any follow-
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20 up information received from the OSBI concerning a person for which
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21 a national criminal history record check was requested to the
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22 employing board of education.
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23 D. For the purpose of this section:
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1 1. "Board of education" includes both public and private boards
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2 of education within or outside this state;
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3 2. "Employing agency" means a political subdivision or law
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4 enforcement agency in this state;
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5 3. "Law enforcement officer" means a peace or police officer
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6 who is certified by the Council on Law Enforcement Education and
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7 Training;
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8 4. "National criminal history record check" means a national
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9 criminal history record check as defined in Section 150.9 of Title
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10 74 of the Oklahoma Statutes; and
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11 5. "Prospective employee" means an individual who has received
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12 an offer of temporary employment from a school district pending the
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13 results of the national criminal history record check.
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14 E. Each public board of education within this state shall
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15 promulgate a statement regarding the felony record search policy for
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16 that school district. The policy may permit temporary employment of
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17 prospective employees for a maximum of sixty (60) days pending
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18 receipt of results of national criminal history record check
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19 requests. The temporary employment of the prospective employee
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20 shall terminate after sixty (60) days unless the school district
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21 receives the results of the national criminal history record check.
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22 The sixty-day temporary employment period shall begin on the first
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23 day the prospective employee reports for duty at the employing
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24 school district. Prospective employees shall be notified of the
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Req. No. 836 Page 3
1 requirement, the fee, and the reimbursement policy when first
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2 interviewed concerning employment. The school district's
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3 reimbursement policy shall provide, at a minimum, that employees
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4 shall be promptly reimbursed in full for the fee if employed by the
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5 district at the time the national criminal history record check
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6 request is made unless the person was employed pending receipt of
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7 results as set forth above.
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8 F. 1. Any person who has been employed as a full-time teacher
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9 by a school district in this state and applies for employment as a
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10 full-time teacher in another school district in this state may not
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11 be required to have a national criminal history record check if the
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12 teacher produces a copy of a national criminal history record check
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13 completed within the preceding five (5) years and a letter from the
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14 school district in which the teacher was employed stating the
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15 teacher left in good standing. The letter shall attest to whether
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16 allegations of inappropriate behavior between the teacher and a
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17 student or students were raised and whether there was a pending or
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18 ongoing investigation of inappropriate behavior between the teacher
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19 and a student or students.
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20 2. For any person applying for employment as a substitute
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21 teacher, a national criminal history record check shall be required
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22 for the school year; provided, however, a board of education may
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23 choose whether to require a national criminal history record check
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24 from a prospective substitute teacher who has been employed by the
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1 school district in the last year. Any person applying for
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2 employment as a substitute teacher in more than one school district
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3 shall only be required to have one national criminal history record
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4 check, and, upon the request of the substitute teacher, that record
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5 check shall be sent to all other school districts in which the
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6 substitute teacher is applying to teach.
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7 3. Any person employed as a full-time teacher by a school
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8 district in this state in the five (5) years immediately preceding
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9 an application for employment as a substitute teacher may not be
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10 required to have a national criminal history record check, if the
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11 teacher produces a copy of a national criminal history record check
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12 completed within the preceding five (5) years and a letter from the
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13 school district in which the teacher was last employed stating the
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14 teacher left in good standing. The letter shall attest to whether
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15 allegations of inappropriate behavior between the teacher and a
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16 student or students were raised and whether there was a pending or
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17 ongoing investigation of inappropriate behavior between the teacher
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18 and a student or students.
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19 4. Any person employed as a substitute teacher by a school
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20 district in this state for a minimum of five (5) years immediately
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21 preceding an application for employment as a full-time teacher in a
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22 school district in this state may not be required to have a national
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23 criminal history record check if the teacher produces a copy of a
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24 national criminal history record check completed within the
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Req. No. 836 Page 5
1 preceding five (5) years and a letter from the school district in
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2 which the teacher was employed as a substitute teacher stating the
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3 teacher left in good standing.
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4 5. Any person employed as a full-time teacher by a school
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5 district in this state for ten (10) or more consecutive years
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6 immediately preceding an application for employment as a substitute
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7 teacher in the same school district may not be required to have a
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8 national criminal history record check for as long as the person
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9 remains employed for consecutive years by that school district as a
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10 substitute teacher, if the teacher left full-time employment in good
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11 standing. If the teacher applies for employment as a substitute
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12 teacher in another school district, a national criminal history
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13 record check shall be required.
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14 G. 1. Except as otherwise provided by this subsection, any
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15 teacher employed by an Oklahoma school district prior to the
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16 effective date of this act May 19, 2020, who does not have an
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17 Oklahoma criminal history record check from the Oklahoma State
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18 Bureau of Investigation as well as a national criminal history
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19 record check, as defined in Section 150.9 of Title 74 of the
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20 Oklahoma Statutes, on file with his or her employing district as
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21 required by this section shall complete the criminal history record
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22 checks upon the next renewal of his or her Standard Teaching
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23 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 19, 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, 2025.
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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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Req. No. 836 Page 8Every fact on this page links to its source, starting with the official bill record.