ENROLLED SENATE
BILL NO. 1787 By: Thompson
(Kristen) of the Senate
and
Kannady
and Deck of the House
An Act relating to the Oklahoma Open Records Act; amending 51
O.S. 2021, Section 24A.16, which relates to educational records and materials;
providing for confidentiality of certain contracts; and declaring an emergency.
SUBJECT: Oklahoma Open Records Act
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 51 O.S. 2021,
Section 24A.16, is amended to read as follows:
Section 24A.16. A.
Except as set forth in subsection B of this section, public educational
institutions and their employees may keep confidential:
1. Individual student
records;
2. Teacher lesson plans,
tests and other teaching material; and
3. Personal communications
concerning individual students; and
4. Any contract for use
of a student athlete’s name, image, or likeness disclosed to a postsecondary
institution pursuant to the Student Athlete Name, Image and Likeness Rights Act.
B.
If kept, statistical information not identified with a particular
student and directory information shall be open for inspection and
copying. Except as provided in
subsection C of this section, each educational institution may choose to
designate specific information which shall be classified as directory
information for students attending the educational institution. In accordance with the Family Educational
Rights and Privacy Act, Section 1232g of Title 20 of the United States Code and
Part 99 of Title 34 of the Code of Federal Regulations, “directory information”
includes a student’s name, address, telephone listing, date and place of birth,
major field of study, participation in officially recognized activities and
sports, weight and height of members of athletic teams, dates of attendance,
degrees and awards received, and the most recent previous educational institution
attended by the student. Any educational
agency or institution making public directory information shall give public
notice of the categories of information which it has designated as directory
information with respect to each student attending the institution or agency
and shall allow a reasonable period of time after the notice has been given for
a parent to inform the institution or agency that any or all of the information
designated should not be released without prior consent of the parent or
guardian or the student if the student is eighteen (18) years of age or older.
C.
All educational agencies or institutions which are not the primary
custodians of student directory information of students attending the
educational institution, but which are allowed to access the information for
educational purposes, shall be prohibited from releasing or selling any or all
student directory information unless disclosure is authorized by the Family
Educational Rights and Privacy Act, Section 1232g of Title 20 of the United
States Code and Part 99 of Title 34 of the Code of Federal Regulations, or
Section 3-168 of Title 70 of the Oklahoma Statutes.
D.
A public school district may release individual student records for the
current or previous school year to a school district at which the student was
previously enrolled for purposes of evaluating educational programs and school
effectiveness.
SECTION 2.
It being immediately necessary for the preservation of the public peace,
health or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 16th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________