HB1075: School Employee Suspected Criminal Behaviors

Proposed legislative bill, authored by Representative Derrick Hildebrandt

What does the proposed bill do?

Short answer: It would expand the clearinghouse at the Oklahoma State Department of Education for school districts to report and to request reports on school employees’ suspected criminal behavior leading to employment separation. It would include those who have been recommended for termination, have resigned employment, or have had their certificate revoked (if a teacher or administrator). This was previously in place but only regarding certain allegations against teachers and only if the teacher was recommended for termination.

Long answer: The proposed bill expands the current law as follows…

The expansion of reporting…

Section 1: Amends 70 O.S. section 6-101.25 (Recommendation of Superintendent on Teacher Employment) in the following ways: 

• Expands procedures previously reserved for recommendation of termination of teachers to also include support personnel and administrators (principals).
  • Basically, it would apply to all school employees, except the superintendent. Of course, the superintendent wouldn’t recommend their own termination so… there’s that. 
• Expands reporting by school districts to the Oklahoma State Board of Education (OSBE). When the superintendent makes a recommendation for termination of any school employee based upon certain suspected criminal behavior, a report should be made to OSBE. The threshold is to report if the recommendation could result in the denial or revocation of a teaching certificate. This is not just for teachers as is currently in law but would also include administrators and support employees.
  • This behavior primarily centers around abuse, neglect, exploitation, or sexual abuse of a child pursuant to another state law cited.
• Designates the timing of the reporting to occur when a recommendation for termination is made directly or indirectly for this suspected criminal behavior. Currently, state law provides this reporting would occur after the employee has been provided due process and has then separated either by termination or resignation.
• Expands separation of employment reporting to include resignations. If an employee resigns in this circumstance, then the school district will be required to report that as well to OSBE. 
• Replicates notice requirements in the law to ensure that a copy of this reporting is also sent to the affected employee. The employee can then submit additional information for consideration.
• Provides for the affected employe to petition for expungement. As for the long-term existence of the report on file at OSBE, the employee may petition for the expungement if it’s determined that there are no findings to support criminal charges, certificate revocation, or termination from employment. Yet, that is up to the discretion of the OSBE. 
• Expands requests can be made by school districts before employing a particular person who was previously employed at a school district in Oklahoma. As to who has access to these reports, it is only the affected employee and a school district requesting the information in consideration of potentially hiring the employee who may have access and view the reports. If such a request is made by a school, then OSBE notifies the employee that it may be released and gives the opportunity for supplementary information to accompany the report.
• Maintains confidentiality otherwise of reporting. The records and reports are confidential and not available for public release.
• A subpoena request for records will trigger OSBE giving notice to the employee to allow for the opportunity to object to its disclosure.

To go into effect July 1, 2025

Section 2 provides that this bill, if passed, would become effective July 1, 2025. Therefore, any applicable occurrence now and up until July 1, 2025 (including the rest of this current school year) would not be reported in this way, unless it relates to a teacher as provided for in current state law. 

Emergency Clause

Section 3 includes the typical emergency clause which expresses that this is immediately necessary to preserve the peace and health of the public so it should be passed and approved.

Initial Thoughts from a School Law Perspective:

Background: This procedure has been in place for reports against teachers, because teachers are certified by the Oklahoma State Department of Education. This would allow that teaching certificate to be considered for suspension or revocation by the State to ensure the teacher couldn’t go on to teach at another school.

• In school world, there is an ugly term called “passing the trash” which describes teachers who get in trouble and are fired from a school district and then go on to another school to do the same atrocious thing. For the record, no school wants this!
• It’s important to know that personnel records maintained at a public school are confidential. Information about investigations cannot be shared through a reference process, BUT the final disciplinary document or resignation letter can be disclosed.
• Checking references is vital for any employer, especially to ask the magic question, “Would you hire this individual back to work for you?” That answer tells you all you need to really know – while still not really knowing anything specific.
• What most people are unfamiliar with is that due process rights of teachers requires that the public school’s locally elected school board make final employment decisions to terminate a teacher. Due process is provided through giving the teacher notice of and an opportunity to be heard and to tell their side of the story in a public hearing at a school board meeting. Most teachers resign instead. It’s not drastically different for other school employees, but teachers have the most protected rights of all.
• While it makes sense for reports to also be made for administrators who engage in such criminal behavior, because they also have a certificate that the State can suspend and/or revoke, support employees generally do not. But perhaps having ONE place that has all such reports for only public school districts to obtain isn’t a bad idea. 
• With 500+ public school districts in our state and more than 41,000 teachers (despite a teacher shortage), the reporting and retrieval of reports considering essentially ALL school employees will be exponentially increased from its current status if this proposed bill passes. Additional processing will require staff time which equates to more funding needed to effectuate all of this. 
• It would likely be more cumbersome to seek reports from the State Department of Education than to pick up the phone to call the neighboring school HR department to ask the magic question.