HB2696 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 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2696 By: Ford of the House and Rader of the Senate COMMITTEE SUBSTITUTE An Act relating to the Oklahoma Open Records Act; amending 51 O.S. 2021, Section 24A.16, as amended by Section 1, Chapter 86, O.S.L. 2024 (51 O.S. Supp. 2024, Section 24A.16), which relates to educational records; requiring schools to release certain records to parents, guardians, or adult students; requiring records to be provided in a timely manner; mandating that certain record requests be provided for free; specifying that certain information cannot be omitted; providing examples of certain records; 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, as amended by Section 1, Chapter 86, O.S.L. 2024 (51 O.S. Supp. 2024, Section 24A.16), is amended to read as follows: HB2696 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 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 materia l; 3. Personal communications concerning individual students; and 4. Any contract for use of a student athlete’s name, image, or likeness disclosed to a postsecondary institution pursuant to the Student Athlete Name, Image and Likeness Rights Act. B. If kept, statistical information not identified with a particular student and directory information shall be open for inspection and copying. Except as provided in subsection C of this section, each educat ional 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 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, “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, degrees and awards received, and the most recent previous educational institution attended by the student. Any educational agency or institution making public HB2696 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 directory information shall give public notice of the cate gories 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 bee n given for a parent or guardian 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 a re 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 prohibi ted from releasing or selling any or all student dir ectory 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 Oklahom a 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 effectivene ss. E. Notwithstanding any provisions of this section, public educational institutions and their employees shall release all requested student records to the student's parent or guardian, or to HB2696 HFLR Page 4 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 the student themselves if he or she is eighteen (18) years of age or older, if the records are requested by the parent, guardian, or the adult student. Such records shall be provided in a timely manner in accordance with the Oklahoma Open Records Act. An educatio nal institution shall provide such records free of c harge, and shall not redact or otherwise omit any information from the record, unless including such information would violate the law. Records related to a student include, but are not limited to, personal communications concerning the student related to IEPs, behaviors that result in a disciplinary action, or official school activities including student-teacher meetings, any school staff or teacher correspondence, individual student records, meeting not es, student athlete contracts, proposed changes to a n Individualized Education Program or other program for students with disabilities, student assessments, progress reports, and internal complaints and recommendations regarding the student. SECTION 2. This act shall become effective Novemb er 1, 2025. COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated 02/26/2025 - DO PASS, As Amended.