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46 | 39 | | |
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47 | 40 | | COMMITTEE SUBSTITUTE |
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48 | 41 | | |
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49 | 42 | | An Act relating to the Oklahoma Open Records Act; |
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50 | 43 | | amending 51 O.S. 2021, Section 24A.16, as amended by |
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51 | 44 | | Section 1, Chapter 86, O.S.L. 2024 (51 O.S. Supp. |
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52 | 45 | | 2024, Section 24A.16), which relates to educational |
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53 | 46 | | records; requiring schools to release certain records |
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54 | 47 | | to parents, guardians, or adult students; requiring |
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55 | 48 | | records to be provided in a timely manner; manda ting |
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56 | 49 | | that certain record requests be provided for free; |
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57 | 50 | | specifying that certain information cannot be |
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58 | 51 | | omitted; providing examples of certain records; and |
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59 | 52 | | providing an effective date. |
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60 | 53 | | |
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61 | 54 | | |
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62 | 55 | | |
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63 | 56 | | |
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64 | 57 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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65 | 58 | | SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.16, as |
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66 | 59 | | amended by Section 1, Chapter 86, O.S.L. 2024 (51 O.S. Supp. 2024, |
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67 | 60 | | Section 24A.16), is amended to read as follows: |
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100 | 92 | | 3. Personal communications concerning individual students; and |
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101 | 93 | | 4. Any contract for use of a student athlete’s name, image, or |
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102 | 94 | | likeness disclosed to a postsecondary institution pursuant to the |
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103 | 95 | | Student Athlete Name, Image and Likeness Rights Act. |
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104 | 96 | | B. If kept, statistical information not identified with a |
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105 | 97 | | particular student and directory i nformation shall be open for |
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106 | 98 | | inspection and copying. Except as provided in subsection C of this |
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107 | 99 | | section, each educational institution may choose to designate |
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108 | 100 | | specific information which shall be classified as directory |
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109 | 101 | | information for students attending th e educational institution. In |
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110 | 102 | | accordance with the Family Educational Rights and Privacy Act, |
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111 | 103 | | Section 1232g of Title 20 of the United States Code and Part 99 of |
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112 | 104 | | Title 34 of the Code of Federal Regulations, “directory information” |
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113 | 105 | | includes a student’s name, address, telephone listing, date and |
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114 | 106 | | place of birth, major field of study, participation in officially |
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115 | 107 | | recognized activities and sports, weight and height of members of |
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116 | 108 | | athletic teams, dates of attendance, degrees and awards received, |
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117 | 109 | | and the most recent previous educational institution attended by the |
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118 | 110 | | student. Any educational agency or institution making public |
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151 | 142 | | that any or all of the information designated should not be released |
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152 | 143 | | without prior consent of the parent or guardian or the student if |
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153 | 144 | | the student is eighteen (18) years of age or older. |
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154 | 145 | | C. All educational agencies or institutions which are not the |
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155 | 146 | | primary custodians of student directory information of students |
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156 | 147 | | attending the educational institution, but which are allowed to |
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157 | 148 | | access the information for educational purposes, shall be prohibited |
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158 | 149 | | from releasing or selling any or all student directory information |
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159 | 150 | | unless disclosure is authorized by the Family Educational Rights and |
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160 | 151 | | Privacy Act, Section 1232g of Title 20 of the United States Code and |
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161 | 152 | | Part 99 of Title 34 of the Code of Federal Regulations, or Section |
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162 | 153 | | 3-168 of Title 70 of the Oklahoma Statutes. |
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163 | 154 | | D. A public school district may release individual student |
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164 | 155 | | records for the current or previous school year to a school district |
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165 | 156 | | at which the student was previously enrolled for purposes of |
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166 | 157 | | evaluating educational programs and school effectiveness. |
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167 | 158 | | E. Notwithstanding any provisions of this section, public |
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168 | 159 | | educational institutions and their employees shall release all |
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169 | 160 | | requested student records to the student's parent or guardian, or to |
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202 | 192 | | redact or otherwise omit any information from the record, unless |
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203 | 193 | | including such information would violate the law. Records related |
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204 | 194 | | to a student include, but are not limited to, personal |
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205 | 195 | | communications concerning the student related to IEPs, behaviors |
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206 | 196 | | that result in a disciplinary action, or official school activities |
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207 | 197 | | including student-teacher meetings, any school staff or teacher |
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208 | 198 | | correspondence, individual student records, meeting notes, student |
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209 | 199 | | athlete contracts, proposed changes to an Individualized Education |
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210 | 200 | | Program or other program for students with disabilities, stu dent |
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211 | 201 | | assessments, progress reports, and internal complaints and |
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212 | 202 | | recommendations regarding the student. |
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213 | 203 | | SECTION 2. This act shall become effective November 1, 2025. |
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214 | 204 | | |
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