ENROLLED SENATE
BILL NO. 2199	By:	Coffee and Easley of the Senate

			and

		Jones, Kern, McDaniel (Jeannie), Duncan, Murphey and Sherrer of the House

An Act relating to schools; amending 70 O.S. 2001, Section 5-142, which relates to criminal history record searches by certain school districts; deleting certain restrictions; modifying type of criminal history record check that may be requested and conducted; requiring certain criminal history record check be conducted on persons seeking employment; deleting certain specifications; deleting specific content to be provided with the request; requiring the State Board of Education to provide follow-up information when received; providing certain definition; repealing 70 O.S. 2001, Section 5-142.1, which relates to criminal history record searches by certain school districts; 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. 2001, Section 5-142, is amended to read as follows:

Section 5-142.  A.  The provisions of this section shall apply to a school district with an average daily membership of thirty thousand (30,000) students or less.  For purposes of employment, a local board of education may request in writing from to the State Board of Education information concerning any felony offense conviction that a national criminal history record check be conducted of any employee of the school or and shall request such information for any person seeking employment with the school.  The request shall specify whether the felony record search is to be based only on the name submitted by the employee or prospective employee or on the basis of fingerprints to be required of the employee or prospective employee.  The request shall further specify whether the search is to be a state or national search.  If a national search is requested, the search shall be based on fingerprints, and the Oklahoma State Bureau of Investigation (OSBI) shall obtain fingerprints of the employee or prospective employee and require that said the person pay a search fee not to exceed Fifty Dollars ($50.00) or the cost of the search, whichever is the lesser amount.  The fees shall be deposited in the OSBI Revolving Fund.  School districts are hereby authorized to reimburse employees for the cost of the search.  The State Board of Education shall contact the Oklahoma State Bureau of Investigation for any felony national criminal history record of said the person within fourteen (14) working days of receiving a written request from the board of education.

B.  The Oklahoma State Bureau of Investigation shall provide the felony national criminal history record check requested by the State Board of Education within fourteen (14) working days from the receipt of said the request.  The Bureau may contact the Federal Bureau of Investigation as regards to obtain the information requested, to obtain any felony convictions of the person involved.  The felony record provided by the Oklahoma State Bureau of Investigation shall include the name of the person, whether or not said person has been convicted of any felony offense, a list of any felony convictions, and the dates of such convictions.

C.  The State Board of Education shall provide the information received from the Oklahoma State Bureau of Investigation to the local board of education within fourteen (14) days from the receipt of said the information.  The State Board of Education shall provide any follow-up information received from the OSBI concerning a person for which a national criminal history record check was requested to the employing board of education.

D.  For the purpose of this section, "board:

1.  "Board of education" includes both public and private boards of education within or outside this state; and

2.  "National criminal history record check" means a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes.

E.  Each public board of education within this state shall promulgate a statement of that school districts' policy regarding felony record searches.  If the The policy requires felony record searches, the policy may permit employment for not to exceed sixty (60) days pending receipt of results of felony search national criminal history record check requests.  If the policy requires a search based on fingerprints, prospective Prospective employees shall be notified of the requirement, the fee and the reimbursement policy when first interviewed concerning employment.  The school district's reimbursement policy shall provide, at the minimum, that employees shall be promptly reimbursed in full for the fee if employed by the district at the time the felony search national criminal history record check request is made unless the person was employed pending receipt of results as set forth above.

F.  Any person applying for employment as a substitute teacher shall only be required to have one such felony national criminal history record search check for the school year.  Upon request of the substitute teacher, that felony record search check may be sent to any other school district in which the substitute teacher is applying to teach.

SECTION 2.     REPEALER     70 O.S. 2001, Section 5-142.1, is hereby repealed.

SECTION 3.  This act shall become effective July 1, 2010.

SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the Senate the 21st day of May, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 26th day of May, 2010.

	
Presiding Officer	of the House
	of Representatives