Okla. Stat. tit. 70, § 70-5-142

a school.

A. Except as otherwise provided for in subsection F of this

section, for purposes of employment, a board of education may

request in writing to the State Board of Education that a national

criminal history record check be conducted of any employee of the

school and shall request such information for any person seeking

employment with the school; provided, that a board of education

shall not be required to obtain a new criminal history record check

for an individual who has obtained certification from the State

Department of Education within the previous twelve (12) months. The

Oklahoma State Bureau of Investigation (OSBI) shall obtain

fingerprints of the employee or prospective employee and require

that 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 fee shall be deposited in the OSBI Revolving Fund. School

districts may reimburse employees for the cost of the search. The

Oklahoma Statutes - Title 70. Schools Page 308

State Board of Education shall contact the OSBI for any national

criminal history record of 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

national criminal history record check requested by the State Board

of Education within fourteen (14) working days from the receipt of

the request. The Bureau may contact the Federal Bureau of

Investigation to obtain the information requested.

C. The State Board of Education shall provide the information

received from the Oklahoma State Bureau of Investigation to the

board of education within fourteen (14) days from the receipt of the

information. The State Board of Education shall provide any follow-

up information received from the OSBI concerning a person for whom a

national criminal history record check was requested to the

employing board of education.

D. For the purpose of this section:

1. “Board of education” includes both public and private boards

of education within or outside this state;

2. “Employing agency” means a political subdivision or law

enforcement agency in this state;

3. “Law enforcement officer” means a peace or police officer

who is certified by the Council on Law Enforcement Education and

Training;

4. “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; and

5. “Prospective employee” means an individual who has received

an offer of temporary employment from a school district pending the

results of the national criminal history record check.

E. Each public board of education within this state shall

promulgate a statement regarding the felony record search policy for

that school district. The policy may permit temporary employment of

prospective employees for a maximum of sixty (60) days pending

receipt of results of national criminal history record check

requests. The temporary employment of the prospective employee

shall terminate after sixty (60) days unless the school district

receives the results of the national criminal history record check.

The sixty-day temporary employment period shall begin on the first

day the prospective employee reports for duty at the employing

school district. 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 a minimum, that employees

shall be promptly reimbursed in full for the fee if employed by the

district at the time the national criminal history record check

request is made unless the person was employed pending receipt of

results.

Oklahoma Statutes - Title 70. Schools Page 309

F. 1. Any person who has been employed as a full-time teacher
l district’s

reimbursement policy shall provide, at a minimum, that employees

shall be promptly reimbursed in full for the fee if employed by the

district at the time the national criminal history record check

request is made unless the person was employed pending receipt of

results.

Oklahoma Statutes - Title 70. Schools Page 309

F. 1. Any person who has been employed as a full-time teacher

by a school district in this state and applies for employment as a

full-time teacher in a school district in this state may not be

required to have a national criminal history record check if the

teacher produces a copy of a national criminal history record check

completed within the preceding five (5) years and a letter from the

school district in which the teacher was employed stating the

teacher left in good standing and whether the teacher was the

subject of any allegation of inappropriate behavior with a student.

2. For any person applying for employment as a substitute

teacher, a national criminal history record check shall be required

for the school year; provided, however, a board of education may

choose whether to require a national criminal history record check

from a prospective substitute teacher who has been employed by the

school district in the last year. Any person applying for

employment as a substitute teacher in more than one school district

shall only be required to have one national criminal history record

check, and, upon the request of the substitute teacher, that record

check shall be sent to all other school districts in which the

substitute teacher is applying to teach.

3. Any person employed as a full-time teacher by a school

district in this state in the five (5) years immediately preceding

an application for employment as a substitute teacher may not be

required to have a national criminal history record check, if the

teacher produces a copy of a national criminal history record check

completed within the preceding five (5) years and a letter from the

school district in which the teacher was last employed stating the

teacher left in good standing and whether the teacher was the

subject of any allegation of inappropriate behavior with a student.

4. Any person employed as a substitute teacher by a school

district in this state for a minimum of five (5) years immediately

preceding an application for employment as a full-time teacher in a

school district in this state may not be required to have a national

criminal history record check if the teacher produces a copy of a

national criminal history record check completed within the

preceding five (5) years and a letter from the school district in

which the teacher was employed as a substitute teacher stating the

teacher left in good standing and whether the teacher was the

subject of any allegation of inappropriate behavior with a student.

5. Any person employed as a full-time teacher by a school

district in this state for ten (10) or more consecutive years

immediately preceding an application for employment as a substitute

teacher in the same school district may not be required to have a

national criminal history record check for as long as the person

remains employed for consecutive years by that school district as a

substitute teacher, if the teacher left full-time employment in good

standing. If the teacher applies for employment as a substitute

Oklahoma Statutes - Title 70. Schools Page 310

teacher in another school district, a national criminal history

record check shall be required.

G. 1. Except as otherwise provided by this subsection, any

teacher employed by an Oklahoma school district prior to May 19,

2020, who does not have an Oklahoma criminal history record check

from the Oklahoma State Bureau of Investigation as well as a

national criminal history record check, as defined in Section 150.9

of Title 74 of the Oklahoma Statutes, on file with his or her
be required.

G. 1. Except as otherwise provided by this subsection, any

teacher employed by an Oklahoma school district prior to May 19,

2020, who does not have an Oklahoma criminal history record check

from the Oklahoma State Bureau of Investigation as well as a

national criminal history record check, as defined in Section 150.9

of Title 74 of the Oklahoma Statutes, on file with his or her

employing district as required by this section shall complete the

criminal history record checks upon the next renewal of his or her

standard teaching certificate as required by Section 6-154.1 of this

title or State Board of Education administrative rules promulgated

thereto.

2. Except as otherwise provided by this subsection, any other

person employed by an Oklahoma school district prior to May 19,

2020, who does not have an Oklahoma criminal history record check

from the Oklahoma State Bureau of Investigation as well as a

national criminal history record check, as defined in Section 150.9

of Title 74 of the Oklahoma Statutes, on file with his or her

employing district as required by this section shall have until July

1, 2022, to complete the criminal history record checks.

3. Any teacher eligible to retire from the Teachers’ Retirement

System of Oklahoma who does not have an Oklahoma criminal history

record check from the Oklahoma State Bureau of Investigation as well

as a national criminal history record check, as defined in Section

150.9 of Title 74 of the Oklahoma Statutes, on file with his or her

employing district as required by this section shall complete the

criminal history record checks by the earlier of the following

dates:

a. July 1, 2022, or

b. at the next renewal of his or her standard teaching

certificate as required by Section 6-154.1 of this

title or State Board of Education administrative rules

promulgated thereto.

H. The provisions of this section shall not apply to technology

center employees hired on a part-time or temporary basis for the

instruction of adult students only.

I. The provisions of this section shall not apply to law

enforcement officers who are employed by an employing agency at the

time of application for employment at a public school district.

J. Nothing in this section shall be construed to impose

liability on school districts, except in negligence, for employing

prospective employees within the sixty-day temporary employment

window pending the results of the national criminal history record

check.