HB1875 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) HOUSE BILL 1875 By: West (Tammy) of the House and Stanley of the Senate AS INTRODUCED An Act relating to open records; amending 51 O.S. 2011, Section 24A.16, which relates to educational records; allowing educational institutions to designate information as directory information; prohibiting the release or sale of student directory information unless disclosure is authorized by federal or state law; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.16, is amended to read as follows: Section 24A.16 A. Except as set forth in sub section 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 student s. HB1875 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. If kept, statistical information not identified with a particular student and directory information shall be open for inspection and copying. "Directory 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 Education 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 he ight 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. HB1875 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. All educational agencies or institutions w hich 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 stude nt 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 O klahoma 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 effec tiveness. SECTION 2. This act shall become effective November 1, 2021. COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated 02/11/2021 - DO PASS, As Coauthored.