December 22, 2020
According to an article in Tulsa World, a loophole in Oklahoma state law allowed thousands to land jobs at public schools without being screened. People were reportedly permitted to work with children even though they did not get criminal background checks. Therefore, no one knew if these employees had potentially disqualifying records.
To address this issue, Representative Jadine Nollan proposed House Bill 3398 (HB3398). Nollan noted that numerous teachers and other staff were never screened. The bill, which was signed by the governor in May 2020, creates a process for background screening school employees.
HB3398 says a Board of Education may send written requests for employees and prospective employees to undergo criminal background checks if they haven’t been screened in 12 months. When a request is authorized, the Oklahoma State Bureau of Investigation (OSBI) will obtain fingerprints for each person who is to be screened. Next, the OSBI is expected to provide a completed criminal history report within 14 working days.
The bill defines prospective employees as individuals who received offers of temporary employment from a school district pending results of a background check. Temporary employment may last for a maximum of 60 days before a criminal check is completed.
HB3398 covers people who are currently full-time teachers. It notes that someone who was employed at another school district does not need to be screened if they provide “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.”
Substitute teachers must also have a current criminal records check. A Board of Education may determine a new check is not necessary if the person was employed by the district in the last year. Completed background checks may be shared with all districts in which the substitute teacher is applying.
The bill notes that, with certain exceptions, teachers in Oklahoma who do not have a current criminal records check on file must be screened upon renewal of their Standard Teaching Certificate. Other school employees who do not have a current background check must obtain one no later than July 1, 2022.
Law enforcement officers who are employed at a school district are not required to be screened. Individuals who apply for part-time or temporary positions at technology centers where they would only interact with adult students are also exempt.
Running background checks is part of a crucial due diligence process for every employer. These reports show organizations if a person has the education, employment history and licenses they need to be eligible. They can also show if a candidate has serious criminal convictions that indicate they may pose a risk to co-workers or the public.
This is especially important for positions that work with young people, such as teachers and other school employees.
If your organization is hiring, then rely on comprehensive background checks to help make informed decisions and create safe workplaces. Contact us for expert assistance and custom screening packages for any position. Our team is available Monday through Friday from 5am to 6pm PT.