Board Policy 5101

Criminal Records Search Policy

It shall be the policy of NT that it will obtain the results of a “national criminal history record check,” as defined by OKLA. STAT. tit. Section 150.9 of Title 74 of the name and fingerprints of every prospective NT employee, as well as any current employee whose history the Board of Education recommends be searched, and conduct an annual search of the Oklahoma Sex Offender and Mary Rippy Violent Crime Offender Registries with respect to all employees who offer or provide services to children, including but not limited to secondary students. NT shall also obtain an Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation for all prospective teachers.

The provisions of this policy shall not apply to NT employees hired on a part-time or temporary basis for the instruction of adult students only.

National Felony Record Search of Prospective Employees

During the first interview with each employment applicant, NT will advise the applicant that:

NT requires a national criminal history record check of every prospective employee as a condition of employment. Also requires an Oklahoma criminal history record check for every prospective teacher.

To enable NT to request the search and obtain the results, the applicant must complete and sign authorization and Release form(s) provided by NT;

NT will only request a felony record search if the Superintendent recommends employment of the applicant,

If the Superintendent recommends employment of the applicant, the applicant must permit himself/herself to be fingerprinted, if applicable, provide a Social Security number and provide any other information necessary to facilitate the national criminal history record check and/or the Oklahoma criminal history record search;

The Board of Education shall not have the authority to enter into any written contract with a prospective teacher who does not have an Oklahoma criminal history record check on file with NT. No prospective teacher shall be permitted to perform work or render services to NT without such record check on file. A prospective teacher who has an Oklahoma criminal history record check on file with NT, but is awaiting the results of the national criminal history record check, may perform services for NT subject to the provisions of the paragraph below.

The applicant, if placed on duty prior to receipt of the national criminal history record check results, will be classified as a temporary employee until NT is notified that the search is clear of any felony record; All criminal history record searches will be made in compliance with the Federal Fair Credit Reporting Act.

If the results of the national criminal history record check aren’t received by NT within sixty (60) days, or if the record check reveals a prior felony offense conviction or if the Record Check reveals a false response to one or more of the questions on the Authorization and Release, the applicant shall be deemed to have resigned his or her employment. Such resignation may be accepted by the Board of Education at any time. Under these circumstances, the applicant waives any due process procedures which might be available under federal and state law and NT policies and procedures. The sixty (60) day temporary employment period shall begin on the first day the prospective employee reports for duty at NT.

NT may waive the requirement to obtain an initial national criminal record check for any prospective employee who has obtained certification from the Oklahoma State Department of Education within the past twelve (12) months.

NT may waive the requirement to obtain a new records search if the applicant for a full-time teaching position has been employed as a full-time or substitute teacher in another Oklahoma technology center, produces a copy of an existing national criminal history record check from within the past five (5) years, and produces an original letter from the former technology center stating that the employee left in good standing.

Felony Record Searches of Current Employees

NT will also request a record check of the name, fingerprints, social security number or other relevant information of any current NT employee if the Board of Education or Superintendent requests a search of that employee's felony record.

The following rules apply to requests for record checks regarding current employees of NT:

General Rules

When NT seeks to obtain a record check regarding a current technology center employee pursuant to the terms of this policy, the employee who is the subject of that record check must complete and sign an authorization and release form provided by NT. The employee shall permit himself/herself to be fingerprinted, if applicable, provide a social security number and provide any other information necessary to facilitate the record check. NT shall be responsible for the payment of fees associated with records checks regarding current technology center employees.

Current Teachers Not Eligible for Retirement

NT will review the personnel records of all certified teachers currently employed by the technology center who (1) were employed by NT as of May 19, 2020, and (2) are not eligible for retirement through the Oklahoma Teachers’ Retirement System, in order to determine whether NT has both an Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation (the “OSBI”) and a national criminal history record check on file for each teacher. In the event that NT does not have both of the above-referenced record checks on file regarding a teacher, NT will obtain the record check(s) it did not previously have on file for that teacher prior to the deadline for that teacher to renew his or her teaching certificate.

Current Teachers Eligible for Retirement

NT will review the personnel records of all certified teachers currently employed by the technology center who (1) were employed by NT as of May 19, 2020, and (2) are eligible for retirement through the Oklahoma Teachers’ Retirement System, in order to determine whether NT has both an Oklahoma criminal history record check from the OSBI and a national criminal history record check on file for each teacher. In the event that NT does not have both of the above-referenced record checks on file regarding a teacher, NT will obtain the record check(s) it did not previously have on file for that teacher no later than the earlier of (1) July 1, 2022, or (2) the deadline for the renewal of the teacher’s teaching certificate.

Other Employees

NT will review the personnel records of all other current employees of the technology center who were employed by NT as of May 19, 2020, in order to determine whether NT has both an Oklahoma criminal history record check from the OSBI and a national criminal history record check on file for each employee. In the event that NT does not have both of the above-referenced record checks on file regarding an employee, NT will obtain the record check(s) it did not previously have on file for that employee no later than July 1, 2022.

Record Checks Upon Request of the Board or Superintendent

NT will request an Oklahoma criminal history record check and/or national criminal history record check regarding of any current technology center employee if the board of education or superintendent requests a search of that employee's felony record.

Felony Record Searches of Substitutes

NT may, in its discretion, require a national criminal history record search for substitutes of the same type and using the same standards applicable to prospective employees, or it may obtain a current records search, if available, from a technology center that employed the substitute in the year preceding prospective employment by NT. Likewise, any person seeking employment as a substitute who has been employed as a full-time teacher by a technology center in the State of Oklahoma in the five (5) years immediately preceding application for employment as a substitute, is not required to obtain 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 technology center in which the teacher was last employed stating the teacher left in good standing. Similarly, any person seeking employment as a substitute who has been employed as a full-time teacher by a technology center for ten (10) or more consecutive years immediately preceding application for employment as a substitute and who left full-time employment with the technology center in good standing is not be required to have a national criminal history record check for as long as the person remains employed as a substitute for consecutive years by the technology center.

Felony Record Searches of Substitutes:

NT may, in its discretion, require a national criminal history record search for substitutes of the same type and using the same standards applicable to prospective employees, or it may obtain a current records search, if available, from a school district that employed the substitute in the year preceding prospective employment by NT. Likewise, any person seeking employment as a substitute who has been employed as a full-time teacher by a school district in the State of Oklahoma in the five (5) years preceding application for employment as a substitute, is not required to obtain a national criminal history 3 Northeast Tech Board Policy 5101 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.

Felony Record Searches of Volunteers

NT may, in its discretion, require a national criminal history record search for any volunteer, who has substantive contact with minor students, of the same type and using the same standards applicable to prospective employees or some other national criminal history records search that uses social security numbers instead of fingerprints. All felony record searches will be made in compliance with the Federal Fair Credit Reporting Act.

Annual Search of Sex Offender and Violent Crime Offender Registries

Pursuant to Okla. Stat. tit. 57, § 589, NTC shall conduct an annual name search against the Oklahoma Sex Offenders Registry and the Mary Rippy Violent Crime Offenders Registry of all District employees who provide or offer services to secondary students and children.

Reference: OKLA. STAT. tit. 70, § 5-142; OKLA. STAT. tit. 74, § 150.9; OKLA. STAT. tit. 57, § 589.

For the following forms, contact Northeast Tech at 511 S Elliot ST., Pryor, OK or 918-825-7040.

  • Authorization and Release [for Applicants]

  • Authorization and Release [for Current Employees]

Adopted October 5, 2009
Amended September 13, 2010
Amended on February 13, 2012
Amended August 10, 2020