School Laws of Oklahoma

Chapter 7 - Students
Article II: Oklahoma Minor Identification Act

Section 832. Oklahoma Minor Identification Act. (10 O.S. § 1629)

Sections 1 through 5 of this act shall be known and may be cited as the “Oklahoma Minor Identification Act”.

Section 833. Definitions. (10 O.S. § 1630)

For purposes of the Oklahoma Minor Identification Act.

1. “Fingerprint” means the impression of the lines upon the fingertip taken with ink and placed upon a paper or plastic card for the purpose of identification;

2. “Local law enforcement agency” means the office of the county sheriff or a department of a municipality authorized by law or ordinance with the duties to maintain public order, make arrests, and enforce the criminal laws of this state or municipal ordinances;

3. “Minor or child” means a person under eighteen (18) years of age; and

4. “Parent” means the natural or adoptive parent who has legal custody of the minor.

Section 834. Fingerprints - Identification Cards. (10 O.S. § 1631)

A. Upon request of a parent, legal guardian or legal custodian of a minor and the presentation of the minor at a local law enforcement agency, the local law enforcement agency shall take a complete set of fingerprints of the minor and issue a fingerprint identification card to the parent, legal guardian, or legal custodian which shall contain the fingerprints of such minor.

B. The local law enforcement agency taking the fingerprints and issuing a fingerprint identification card shall use forms and cards provided by the Oklahoma State Bureau of Investigation.

Section 835. Legislative Intent. (10 O.S. § 1632)

It is the intent of the Legislature that the children of this state be provided certain safeguards. It is important that children entering the school system of this state as well as children already in the school system be fingerprinted in accordance with the provisions of the Oklahoma Minor Identification Act and said fingerprints be used for locating or identifying any child in this state or any other state who is reported lost, missing, kidnaped, or killed.

Section 836. Implementation and Administration of Act. (10 O.S. § 1633)

A. Each board of education may develop a fingerprinting program for students within the district. The principal or chief administrative officer of a nonpublic school in this state may develop a fingerprinting program for students of the school. If developed, the program shall be developed in conjunction with local law enforcement agencies having jurisdiction within the school district or where the nonpublic school is located or in conjunction with any organization providing such services on a voluntary basis. Such local law enforcement agencies shall cooperate fully with the board of education or nonpublic school in the development of its fingerprinting program.

B. Such fingerprinting program shall be developed for the sole purpose of providing a means by which a missing child might be located or identified and shall be operated on the following basis:

1. No student shall be required to participate in the program.

2. The Oklahoma State Bureau of Investigation shall provide fingerprint cards upon request of any school, organization, or local law enforcement agency who requests such cards to implement the provisions of the Oklahoma Minor Identification Act;

3. In order for a student to participate in the program, the parent, legal guardian, or legal custodian of the student shall authorize the student’s participation by signing a form that shall be developed for the program by the board of education of a public school or by the principal or chief administrative officer of the nonpublic school. No student shall be fingerprinted unless a signed authorization form is in the possession of school officials;

4. The fingerprinting of students shall be performed by members of the local law enforcement agencies or members of any organization volunteering to provide such service;

5. Two copies of a student’s fingerprints shall be made. One copy shall be given to the student’s parent, legal guardian, or legal custodian and one copy shall be retained in the student’s records by the school and transferred with other school records of the student until the student’s eighteenth birthday. The copy of the student’s fingerprints retained by the school shall be destroyed by such school on the student’s eighteenth birthday;

6. The name, sex, hair and eye color, height, weight, and date and place of birth of the student shall be indicated on the fingerprint card;

7. The fingerprint card shall include in a conspicuous place on the card a statement that the card may be used for identification purposes only and may not be used in any juvenile or criminal investigation or proceeding conducted against the student. A fingerprint card prepared pursuant to the Oklahoma Minor Identification Act may be used by a law enforcement agency only to help identify a student who is lost, missing, kidnapped, or killed; and

8. The fingerprinting program developed pursuant to this section shall be offered on a periodic basis. Parents, legal guardians, and legal custodians in the districts or in the communities served by the schools shall be notified at least two (2) weeks prior to the date set for commencement of the fingerprinting program. These notifications may be given by means of memoranda or letters sent to such parents, legal guardians, or legal custodians.

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