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ENGROSSED HOUSE
BILL NO. 2377 By: Culver of the House
and
Haste of the Senate
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Section 24 A.16, which relates
to educational records; modifying provisions related
to confidential records; authorizing certain student
athlete records to be kept confid ential; and
providing an effective date.
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 e mployees may
keep confidential:
1. Individual student records;
2. Teacher lesson plans, tests and other teaching material; and
3. Personal communications concerning individ ual students; and
4. Contracts for use of a stu dent athlete's name, image or
likeness disclosed to a postseconda ry institution.
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B. If kept, statistical information not ide ntified 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 t o designate
specific information whic h shall be classified a s directory
information for students attending the educational institution . In
accordance with the Family Educa tional Rights and Privacy Act,
Section 1232g of Title 20 of the United States Code a nd 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 fie ld of study, participation in officially
recognized activities and sports, weight an d height of members of
athletic teams, dates of attendance, degrees and awards received,
and the most recent previous educational institution a ttended by the
student. Any educational agency or institution making public
directory information shall give pub lic notice of the categories of
information which it has des ignated as directory information with
respect to each student attending the institu tion 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 o r
all of the informatio n 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.
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C. All educational agencies or institutio ns which are not the
primary custodians of student directory information of students
attending the educational institution, but which are allow ed to
access the information for educational purposes, shall be prohibited
from releasing or selling any or all s tudent 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 t he Oklahoma Statutes.
D. A public school district may relea se individual student
records for the current or previous school year to a school d istrict
at which the student was previously enrolled for purposes of
evaluating educational programs and school e ffectiveness.
SECTION 2. This act shall bec ome effective November 1, 2023.
Passed the House of Representatives the 14th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate