Oklahoma § 51-24A.16 - Educational records and materials - Confidentiality

§ 51-24A.16. Educational records and materials - Confidentiality

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;

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 educational 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

Oklahoma Statutes - Title 51. Officers

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

directory information shall give public notice of the categories 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 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 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 effectiveness.

Added by Laws 1985, c. 355, § 16, eff. Nov. 1, 1985. Amended by

Laws 1986, c. 116, § 1, emerg. eff. April 9, 1986; Laws 2003, c.

430, § 1, eff. July 1, 2003; Laws 2021, c. 451, § 1, emerg. eff. May

10, 2021; Laws 2024, c. 86, § 1, emerg. eff. April 22, 2024.

§51-24A.16a. Higher education – Donor or prospective donor

information – Confidentiality.

Institutions or agencies of The Oklahoma State System of Higher

Education may keep confidential all information pertaining to donors

and prospective donors to or for the benefit of the institutions or

agencies.

Added by Laws 2007, c. 170, § 2, emerg. eff. May 31, 2007.