1|ENGROSSED HOUSE AMENDMENTS |
| TO |
2|ENGROSSED SENATE BILL NO. 261 By: Howard of the Senate |
| |
3| and |
| |
4| Kannady of the House |
| |
5| |
| |
6| An Act relating to The Governmental Tort Claims Act; |
| amending 51 O.S. 2021, Section 152, as last amended |
7| by Section 18, Chapter 228, O.S.L. 2022 (51 O.S. |
| Supp. 2022, Section 152), which relates to |
8| definitions; modifying definition; and providing an |
| effective date. |
9| |
| |
10|AMENDMENT NO. 1. Page 1, Lines 6 through 8 1/2, strike the title to |
| read: |
11| |
| |
12| "[ The Governmental Tort Claims Act definitions - |
| |
13| effective date ]" |
| |
14| |
| |
15|AMENDMENT NO. 2. Page 1, Line 11, strike the enacting clause |
| |
16| |
| |
17|AMENDMENT NO. 3. Page 1, Line 12, delete SECTION 1 in its entirety |
| and replace with a new SECTION 1 to read as |
18| follows: |
| |
19| "SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.16, is |
| |
20|amended to read as follows: |
| |
21| Section 24A.16 A. Except as set forth in subsection B of this |
| |
22|section, public educational institutions and their employees may |
| |
23|keep confidential: |
| |
24| 1. Individual student records; |
| |
Page 1
___________________________________________________________________________
1| 2. Teacher lesson plans, tests and other teaching material;and| | | 2| 3. Personal communications concerning individual students; and | | | 3| 4. Contracts for use of a student athlete's name, image, or | | | 4|likeness disclosed to a postsecondary institution. | | | 5| B. If kept, statistical information not identified with a | | | 6|particular student and directory information shall be open for | | | 7|inspection and copying. Except as provided in subsection C of this | | | 8|section, each educational institution may choose to designate | | | 9|specific information which shall be classified as directory | | | 10|information for students attending the educational institution. In | | | 11|accordance with the Family Educational Rights and Privacy Act, | | | 12|Section 1232g of Title 20 of the United States Code and Part 99 of | | | 13|Title 34 of the Code of Federal Regulations, "directory information" | | | 14|includes a student's name, address, telephone listing, date and | | | 15|place of birth, major field of study, participation in officially | | | 16|recognized activities and sports, weight and height of members of | | | 17|athletic teams, dates of attendance, degrees and awards received, | | | 18|and the most recent previous educational institution attended by the | | | 19|student. Any educational agency or institution making public | | | 20|directory information shall give public notice of the categories of | | | 21|information which it has designated as directory information with | | | 22|respect to each student attending the institution or agency and | | | 23|shall allow a reasonable period of time after the notice has been | | | 24|given for a parent to inform the institution or agency that any or | | | Page 2 ___________________________________________________________________________
1|all of the information designated should not be released without |
| |
2|prior consent of the parent or guardian or the student if the |
| |
3|student is eighteen (18) years of age or older. |
| |
4| C. All educational agencies or institutions which are not the |
| |
5|primary custodians of student directory information of students |
| |
6|attending the educational institution, but which are allowed to |
| |
7|access the information for educational purposes, shall be prohibited |
| |
8|from releasing or selling any or all student directory information |
| |
9|unless disclosure is authorized by the Family Educational Rights and |
| |
10|Privacy Act, Section 1232g of Title 20 of the United States Code and |
| |
11|Part 99 of Title 34 of the Code of Federal Regulations, or Section |
| |
12|3-168 of Title 70 of the Oklahoma Statutes. |
| |
13| D. A public school district may release individual student |
| |
14|records for the current or previous school year to a school district |
| |
15|at which the student was previously enrolled for purposes of |
| |
16|evaluating educational programs and school effectiveness." |
| |
17| |
| |
18| and renumber subsequent sections |
| |
19| and amend title to conform |
| |
20| Passed the House of Representatives the 27th day of April, 2023. |
| |
21| |
| |
22| |
| |
23| Presiding Officer of the House of |
| Representatives |
24| |
| |
Page 3
___________________________________________________________________________
1| Passed the Senate the ____ day of __________, 2023. |
| |
2| |
| |
3| |
| |
4| Presiding Officer of the Senate |
| |
5| |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Page 4