Important Background Check Information: How They Impact Certification and Employment

By Jeff Smith, Executive Director of Teacher Certification, Oklahoma State Department of Education

As you may be aware, House Bill 3398 was passed during the 2020 regular legislative session and went into effect May 19, 2020. This bill requires a one-time national fingerprint background check for school employees with no national fingerprint background check on file with the Oklahoma State Department of Education (OSDE) by July 1, 2022.

Some background on the purpose of the bill:

■ Background checks for teacher certification were not a statutory requirement until November 1, 2001.

■ Background checks for new hires to school districts were not a statutory requirement until July 1, 2010.

Therefore, it was possible for a teacher who had been certified prior to 11/1/01 and with the same school district since before 7/1/10 to have no national fingerprint background check on file with the OSDE. Indeed, research in December 2019 yielded a total of some 33,000+ individuals, employed by school districts, who fell into this category. House Bill 3398 was aimed at reconciling this situation.

You may read the actual bill here: http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/hB/HB3398%20ENR.PDF.

A breakdown of the bill is as follows:

■ Section 1(G)(1): Requires any teacher currently employed by an Oklahoma school district who does not have a national fingerprint background check on file with the OSDE to complete one upon renewal/reissuance of his or her teaching Certificate.

■ Section 1(G)(2): Requires any other person employed by an Oklahoma school who does not have a national fingerprint background check on file with the OSDE, to complete one by July 1, 2022.

■ Section 1(G)(3): Requires any teacher eligible to retire from the Teachers' Retirement System of Oklahoma who does not have a national fingerprint background check on file with the OSDE, to complete one by July 1, 2022 or upon renewal of his or her Standard Teaching Certificate, whichever comes first. (If an individual is retired or retiring in 2022 and does not plan on going back into the school system, he or she may provide the Teacher Certification section documentation of their retirement status, with a statement declaring they are not planning on going back into the school system. That will exempt them from the provisions of this bill.)

■ Section 2(B): Prohibits local boards of education from contracting with any teacher lacking a national fingerprint background check on file with the OSDE

*In addition to this bill, please be reminded that any teacher whose certification has lapsed/expired for a year or more must also have a new national fingerprint background check on file with the OSDE before renewing his or her certificate, regardless if they have had one in the past.

Should you have any questions related to this bill, please contact the Teacher Certification section in the OSDE at (405) 521-3337. ■

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