Okla. Admin. Code § 210:1-3-8

Current through Vol. 42, No. 4, November 1, 2024

Section 210:1-3-8 - Family Educational Rights and Privacy Act

(a) The State Board of Education requires that all Oklahoma public school districts receiving federal funds comply with the requirements of the Family Educational Rights and Privacy Act (Section 438 of the General Education Provisions Act, P.L. 90-247 and P.L. 93-380 as amended) and regulations adopted, thereto, by the U.S. Department of Education. These provisions protect the rights of privacy of students and their families in connection with educational records.

(b) Compliance requires policies and procedures to be adopted by districts that will regulate access to and release of student records. Requirements include:

(1) Notification to parents and the public of the kinds of data collected and that which is to be released as directory information.

(2) Directory information may include the student's name, address, telephone number, date and place of birth, major field of study, class, 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 agency or institution attended.

(3) Public notification of the procedures for gaining access to a student's record by a parent or guardian.

(4) Notice of prohibition of access or release of personally identifiable information (other than directory information) without written consent of the parent or eligible student (student becomes eligible to control own record access at age eighteen (18) or enrollment in post-secondary institution) to any except legally specified parties. Excepted parties are:

(A) local school officials;

(B) other schools where student may transfer;

(C) specified U.S. and State officials when authorized by law;

(D) financial aid officials to determine aid or legality;

(E) local and State officials under previous mandate for data,

(F) organizations doing studies on testing, student aid, and instruction improvement if personal identification is not further released;

(G) accreditation organizations for limited accreditation purposes;

(H) judge's order;

(I) parents of tax dependent student (in case of divorce, separation); and

(J) emergency personnel who need information to protect the health and safety of the student or other persons.

(5) Parents shall also be informed as to how they may request a hearing to halt the release of, challenge, or expunge any personally identifiable or directory information being collected by the school. Parental and student rights shall be explained and procedures defined in privacy policies of the district.

(c) Furthermore, parents and students should be notified if the requests are honored on transfers or subpoenas.

Okla. Admin. Code § 210:1-3-8