1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2377 By: Kannady | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to the Oklahoma Open Records Act; | | amending 51 O.S. 2021, Section 24A.16, which relates | 8| to educational records; modifying provisions related | | to confidential records; authorizing certain student | 9| athlete records to be kept confidential; and | | providing an effective date. | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.16, is | | | 17|amended to read as follows: | | | 18| Section 24A.16 A. Except as set forth in subsection B of this | | | 19|section, public educational institutions and their employees may | | | 20|keep confidential: | | | 21| 1. Individual student records; | | | 22| 2. Teacher lesson plans, tests and other teaching material;and| | | 23| 3. Personal communications concerning individual students; and | | | 24| | | | Req. No. 5855 Page 1 ___________________________________________________________________________
1| 4. Contracts for use of a student athlete's name, image or | | | 2|likeness disclosed to a postsecondary institution. | | | 3| B. If kept, statistical information not identified with a | | | 4|particular student and directory information shall be open for | | | 5|inspection and copying. Except as provided in subsection C of this | | | 6|section, each educational institution may choose to designate | | | 7|specific information which shall be classified as directory | | | 8|information for students attending the educational institution. In | | | 9|accordance with the Family Educational Rights and Privacy Act, | | | 10|Section 1232g of Title 20 of the United States Code and Part 99 of | | | 11|Title 34 of the Code of Federal Regulations, "directory information" | | | 12|includes a student's name, address, telephone listing, date and | | | 13|place of birth, major field of study, participation in officially | | | 14|recognized activities and sports, weight and height of members of | | | 15|athletic teams, dates of attendance, degrees and awards received, | | | 16|and the most recent previous educational institution attended by the | | | 17|student. Any educational agency or institution making public | | | 18|directory information shall give public notice of the categories of | | | 19|information which it has designated as directory information with | | | 20|respect to each student attending the institution or agency and | | | 21|shall allow a reasonable period of time after the notice has been | | | 22|given for a parent to inform the institution or agency that any or | | | 23|all of the information designated should not be released without | | | 24| | | | Req. No. 5855 Page 2 ___________________________________________________________________________
1|prior consent of the parent or guardian or the student if the | | | 2|student is eighteen (18) years of age or older. | | | 3| C. All educational agencies or institutions which are not the | | | 4|primary custodians of student directory information of students | | | 5|attending the educational institution, but which are allowed to | | | 6|access the information for educational purposes, shall be prohibited | | | 7|from releasing or selling any or all student directory information | | | 8|unless disclosure is authorized by the Family Educational Rights and | | | 9|Privacy Act, Section 1232g of Title 20 of the United States Code and | | | 10|Part 99 of Title 34 of the Code of Federal Regulations, or Section | | | 11|3-168 of Title 70 of the Oklahoma Statutes. | | | 12| D. A public school district may release individual student | | | 13|records for the current or previous school year to a school district | | | 14|at which the student was previously enrolled for purposes of | | | 15|evaluating educational programs and school effectiveness. | | | 16| SECTION 2. This act shall become effective November 1, 2023. | | | 17| | | | 18| 59-1-5855 MAH 01/08/23 | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5855 Page 3