{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-3-168","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-3-168","heading":"Student Data Accessibility, Transparency and","body":"Accountability Act of 2013.\n\nA. This section shall be known and may be cited as the \"Student\n\nData Accessibility, Transparency and Accountability Act of 2013\".\n\nB. As used in this act:\n\n1. \"Board\" means the State Board of Education;\n\n2. \"Department\" means the State Department of Education;\n\n3. \"Data system\" means the Oklahoma State Department of\n\nEducation student data system;\n\n4. \"Aggregate data\" means data collected and/or reported at the\n\ngroup, cohort, or institutional level;\n\n5. \"De-identified data\" means a student dataset in which parent\n\nand student identifying information, including the state-assigned\n\nstudent identifier, has been removed;\n\n6. \"Student testing number\" means the unique student identifier\n\nassigned by the state to each student that shall not be or include\n\nthe Social Security number of a student in whole or in part;\n\n7. \"Student data\" means data collected and/or reported at the\n\nindividual student level included in a student's educational record.\n\na. \"Student data\" includes:\n\n(1) state and national assessment results, including\n\ninformation on untested public school students,\n\n(2) course taking and completion, credits earned, and\n\nother transcript information,\n\n(3) course grades and grade point average,\n\n(4) date of birth, grade level and expected\n\ngraduation date/graduation cohort,\n\n(5) degree, diploma, credential attainment, and other\n\nschool exit information such as General\n\nEducational Development and dropout data,\n\n(6) attendance and mobility,\n\n(7) data required to calculate the federal four-year\n\nadjusted cohort graduation rate, including\n\nsufficient exit and dropout information,\n\n(8) discipline reports limited to objective\n\ninformation sufficient to produce the federal\n\nTitle IV Annual Incident Report,\n\n(9) remediation,\n\n(10) special education data,\n\n(11) demographic data and program participation\n\ninformation, including tribal affiliation and\n\nother data associated with students who have been\n\nidentified as having American Indian heritage,\n\nand\n\n(12) military student identifier.\n\nb. Unless included in a student's educational record,\n\n\"student data\" shall not include:\n\n(1) juvenile delinquency records,\n\n(2) criminal records,\n\n(3) medical and health records,\n\n(4) student Social Security number, and\n\n(5) student biometric information; and\n\n8. \"Military student identifier\" means a unique identifier for\n\neach student whose parent or guardian is a member of the Armed\n\nForces of the United States, a reserve component of the Armed Forces\n\nof the United States or the National Guard which will allow for the\n\ndisaggregation of each category.\n\nC. The State Board of Education shall:\n\n1. Create, publish and make publicly available a data inventory\n\nand dictionary or index of data elements with definitions of\n\nindividual student data fields currently in the student data system\n\nincluding:\n\na. any individual student data required to be reported by\n\nstate and federal education mandates,\n\nb. any individual student data which has been proposed\n\nfor inclusion in the student data system with a\n\nstatement regarding the purpose or reason for the\n\nproposed collection, and\n\nc. any individual student data that the State Department\n\nof Education collects or maintains with no current\n\npurpose or reason;\n\n2. Develop, publish and make publicly available policies and\n\nprocedures to comply with the federal Family Educational Rights and\n\nPrivacy Act (FERPA) and other relevant privacy laws and policies,\n\nincluding but not limited to:\n\na. access to student and de-identified data in the\n\nstudent data system shall be restricted to:\n\n(1) the authorized staff of the State Department of\n\nEducation and the Department's contractors who\n\nrequire such access to perform their assigned\n\nduties, including staff and contractors from the\n\nInformation Services Division of the Office of\n\nManagement and Enterprise Services assigned to\n\nthe Department,\ness to student and de-identified data in the\n\nstudent data system shall be restricted to:\n\n(1) the authorized staff of the State Department of\n\nEducation and the Department's contractors who\n\nrequire such access to perform their assigned\n\nduties, including staff and contractors from the\n\nInformation Services Division of the Office of\n\nManagement and Enterprise Services assigned to\n\nthe Department,\n\n(2) district administrators, teachers and school\n\npersonnel who require such access to perform\n\ntheir assigned duties,\n\n(3) students and their parents, and\n\n(4) the authorized staff of other state agencies in\n\nOklahoma as required by law and/or defined by\n\ninteragency data-sharing agreements,\n\nb. the State Department of Education shall use only\n\naggregate data in public reports or in response to\n\nrecord requests in accordance with paragraph 3 of this\n\nsubsection,\n\nc. the State Department of Education shall develop\n\ncriteria for the approval of research and data\n\nrequests from state and local agencies, the State\n\nLegislature, researchers and the public:\n\n(1) unless otherwise approved by the State Board of\n\nEducation, student data maintained by the State\n\nDepartment of Education shall remain\n\nconfidential, and\n\n(2) unless otherwise approved by the State Board of\n\nEducation to release student or de-identified\n\ndata in specific instances, the Department may\n\nonly use aggregate data in the release of data in\n\nresponse to research and data requests, and\n\nd. notification to students and parents regarding their\n\nrights under federal and state law;\n\n3. Unless otherwise approved by the State Board of Education,\n\nthe State Department of Education shall not transfer student or de-\n\nidentified data deemed confidential under division (1) of\n\nsubparagraph c of paragraph 2 of this subsection to any federal,\n\nstate or local agency or other organization/entity outside of the\n\nState of Oklahoma, with the following exceptions:\n\na. a student transfers out of state or a school/district\n\nseeks help with locating an out-of-state transfer,\n\nb. a student leaves the state to attend an out-of-state\n\ninstitution of higher education or training program,\n\nc. a student registers for or takes a national or\n\nmultistate assessment,\n\nd. a student voluntarily participates in a program for\n\nwhich such a data transfer is a condition/requirement\n\nof participation,\n\ne. the Department enters into a contract that governs\n\ndatabases, assessments, special education or\n\ninstructional supports with an out-of-state vendor,\n\nf. a student is classified as \"migrant\" for federal\n\nreporting purposes, or\n\ng. a student with a military student identifier for\n\npurposes of assisting the Department of Defense in\n\ndeveloping policy and military child education\n\ninitiatives;\n\n4. Develop a detailed data security plan that includes:\n\na. guidelines for authorizing access to the student data\n\nsystem and to individual student data including\n\nguidelines for authentication of authorized access,\n\nb. privacy compliance standards,\n\nc. privacy and security audits,\n\nd. breach planning, notification and procedures, and\n\ne. data retention and disposition policies;\n\n5. Ensure routine and ongoing compliance by the State\n\nDepartment of Education with FERPA, other relevant privacy laws and\n\npolicies, and the privacy and security policies and procedures\n\ndeveloped under the authority of this act, including the performance\n\nof compliance audits;\n\n6. Ensure that any contracts that govern databases, assessments\n\nor instructional supports that include student or de-identified data\n\nand are outsourced to private vendors include express provisions\n\nthat safeguard privacy and security and include penalties for\n\nnoncompliance;\n\n7. Notify the Governor and the Legislature annually of the\n\nfollowing:\n\na. new student data proposed for inclusion in the state\n\nstudent data system:\nthat govern databases, assessments\n\nor instructional supports that include student or de-identified data\n\nand are outsourced to private vendors include express provisions\n\nthat safeguard privacy and security and include penalties for\n\nnoncompliance;\n\n7. Notify the Governor and the Legislature annually of the\n\nfollowing:\n\na. new student data proposed for inclusion in the state\n\nstudent data system:\n\n(1) any new student data collection proposed by the\n\nState Board of Education becomes a provisional\n\nrequirement to allow districts and their local\n\ndata system vendors the opportunity to meet the\n\nnew requirement, and\n\n(2) the State Board of Education must submit any new\n\n\"provisional\" student data collection to the\n\nGovernor and the Legislature for their approval\n\nwithin one (1) year in order to make the new\n\nstudent data a permanent requirement. Any\n\nprovisional student data collection not approved\n\nby the Governor and the Legislature by the end of\n\nthe next legislative session expires and is no\n\nlonger required,\n\nb. changes to existing data collections required for any\n\nreason, including changes to federal reporting\n\nrequirements made by the U.S. Department of Education,\n\nc. an explanation of any exceptions granted by the State\n\nBoard of Education in the past year regarding the\n\nrelease or out-of-state transfer of student or de-\n\nidentified data, and\n\nd. the results of any and all privacy compliance and\n\nsecurity audits completed in the past year.\n\nNotifications regarding privacy compliance and\n\nsecurity audits shall not include any information that\n\nwould itself pose a security threat to the state or\n\nlocal student information systems or to the secure\n\ntransmission of data between state and local systems\n\nby exposing vulnerabilities; and\n\n8. By July 1, 2016, include a military student identifier in\n\nthe state student data system.\n\nD. The State Board of Education shall adopt rules for the State\n\nDepartment of Education to implement the provisions of the Student\n\nData Accessibility, Transparency and Accountability Act of 2013.\n\nE. Upon the effective date of this act, any existing collection\n\nof student data by the State Department of Education and the\n\naddition of a military student identifier to the student data\n\ncollected by the Department after the effective date of this act\n\nshall not be considered a new student data collection in accordance\n\nwith subparagraph a of paragraph 7 of subsection C of this section.\n\nF. Nothing in this act shall interfere with the State\n\nDepartment of Education's compliance with the Educational\n\nAccountability Reform Act.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9ff226e712e3b13948d1b4b07b35be281101b2804a4e5e84556a67b2655077c6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-3-167","next":"us-ok/okla.-stat.-tit.-70-70-3-169"},"notice":"GroundRules: Original legal text. Not legal advice."}