Okla. Stat. tit. 70, § 5-142
Applicability - Felony Record Search - National Criminal History Record Check - Oklahoma Criminal History Record Check
Effective Jul 1, 1997Laws 1985, HB 1180, c. 152, § 1, emerg. eff. July 1, 1985; Amended by Laws 1986, SB 426, c. 259, § 61, emerg. eff. July 1, 1986; Amended by Laws 1990, HB 1883, c. 257, § 15, emerg. eff. May 23, 1990; Amended by Laws 1994, HB 1932, c. 319, § 2, eff. September 1, 1994; Amended by Laws 1997, HB 1321, c. 81, § 1, eff. July 1, 1997 (superseded document available).
- 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 the State Board of Education information concerning any felony offense conviction of any employee of the school or 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 shall obtain fingerprints of the employee or prospective employee and require that said 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 record of said 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 record requested by the State Board of Education within fourteen (14) working days from the receipt of said request. The Bureau may contact the Federal Bureau of Investigation as regards 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 information.
- D. For the purpose of this section, "board of education" includes both public and private boards of education within or outside this state.
- E. Each public board of education within this state shall promulgate a statement of that school districts' policy regarding felony record searches. If 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 requests. If the policy requires a search based on fingerprints, 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 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 record search for the school year. Upon request of the substitute teacher, that felony record search may be sent to any other school district in which the substitute teacher is applying to teach.
Laws 1985, HB 1180, c. 152, § 1, emerg. eff. July 1, 1985; Amended by Laws 1986, SB 426, c. 259, § 61, emerg. eff. July 1, 1986; Amended by Laws 1990, HB 1883, c. 257, § 15, emerg. eff. May 23, 1990; Amended by Laws 1994, HB 1932, c. 319, § 2, eff. September 1, 1994; Amended by Laws 1997, HB 1321, c. 81, § 1, eff. July 1, 1997 (superseded document available).