Bill Text For HB1875 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           March 23, 2021                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1875                        By: West (Tammy), Fugate and      |
 4|                                         Provenzano of the House       |
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 5|                                         and                           |
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 6|                                         Stanley of the Senate         |
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 9|       An Act relating to open records; amending 51 O.S.               |
  |       2011, Section 24A.16, which relates to educational              |
10|       records; allowing educational institutions to                   |
  |       designate information as directory information;                 |
11|       prohibiting the release or sale of student directory            |
  |       information unless disclosure is authorized by                  |
12|       federal or state law; and declaring an emergency.               |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     51 O.S. 2011, Section 24A.16, is     |
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17|amended to read as follows:                                            |
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18|    Section 24A.16  A.  Except as set forth in subsection B of this    |
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19|section, public educational institutions and their employees may       |
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20|keep confidential:                                                     |
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21|    1.  Individual student records;                                    |
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22|    2.  Teacher lesson plans, tests and other teaching material; and   |
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23|    3.  Personal communications concerning individual students.        |
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arsid3636744 SENATE FLOOR VERSION - HB1875 SFLR                    Page 1
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 1|    B.  If kept, statistical information not identified with a         |
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 2|particular student and directory information shall be open for         |
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 3|inspection and copying.  "Directory Except as provided in subsection   |
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 4|C of this section, each educational institution may choose to          |
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 5|designate specific information which shall be classified as            |
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 6|directory information for students attending the educational           |
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 7|institution.  In accordance with the Family Education Rights and       |
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 8|Privacy Act, Section 1232g of Title 20 of the United States Code and   |
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 9|Part 99 of Title 34 of the Code of Federal Regulations, "directory     |
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10|information" includes a student's name, address, telephone listing,    |
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11|date and place of birth, major field of study, participation in        |
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12|officially recognized activities and sports, weight and height of      |
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13|members of athletic teams, dates of attendance, degrees and awards     |
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14|received, and the most recent previous educational institution         |
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15|attended by the student.  Any educational agency or institution        |
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16|making public directory information shall give public notice of the    |
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17|categories of information which it has designated as directory         |
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18|information with respect to each student attending the institution     |
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19|or agency and shall allow a reasonable period of time after the        |
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20|notice has been given for a parent to inform the institution or        |
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21|agency that any or all of the information designated should not be     |
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22|released without prior consent of the parent or guardian or the        |
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23|student if the student is eighteen (18) years of age or older.         |
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arsid3636744 SENATE FLOOR VERSION - HB1875 SFLR                    Page 2
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 1|    C.  All educational agencies or institutions which are not the     |
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 2|primary custodians of student directory information of students        |
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 3|attending the educational institution, but which are allowed to        |
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 4|access the information for educational purposes, shall be prohibited   |
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 5|from releasing or selling any or all student directory information     |
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 6|unless disclosure is authorized by the Family Educational Rights and   |
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 7|Privacy Act, Section 1232g of Title 20 of the United States Code and   |
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 8|Part 99 of Title 34 of the Code of Federal Regulations, or Section     |
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 9|3-168 of Title 70 of the Oklahoma Statutes.                            |
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10|    D.  A public school district may release individual student        |
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11|records for the current or previous school year to a school district   |
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12|at which the student was previously enrolled for purposes of           |
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13|evaluating educational programs and school effectiveness.              |
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14|    SECTION 2.  It being immediately necessary for the preservation    |
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15|of the public peace, health or safety, an emergency is hereby          |
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16|declared to exist, by reason whereof this act shall take effect and    |
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17|be in full force from and after its passage and approval.              |
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18|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY                            |
  |March 23, 2021 - DO PASS AS AMENDED                                    |
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arsid3636744 SENATE FLOOR VERSION - HB1875 SFLR                    Page 3
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