An Act
ENROLLED HOUSE
BILL NO. 1875 By: West (Tammy), Fugate and
Provenzano of the House
and
Stanley of the Senate
An Act relating to open records; amending 51 O.S.
2011, Section 24A.16, which relates to educational
records; allowing educational ins titutions 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 declaring an emergency .
SUBJECT: Open records
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 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.
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 ENR. H. B. NO. 1875 Page 2
designate specific information which shall be classified as
directory information for students attending the educational
institution. In accordance with the Family Education al 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, d egrees 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 desi gnated 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 rele ase 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.
ENR. H. B. NO. 1875 Page 3
Passed the House of Representa tives the 4th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 12th day of April, 2021.
Presiding Officer of the Senate
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: _________________________________