Governor Signs Student Privacy Bill

OKLAHOMA CITY – A bill signing ceremony for House Bill 1989, the Student Data Accessibility, Transparency and Accountability Act (Student DATA Act), was held today at the State Capitol. This new law establishes Oklahoma as a leader in student privacy. The bill establishes new procedures and safeguards for the collection and use of student data by our public school system.

Supt. Janet Barresi, Rep. Jason Nelson, Sen. Greg Treat, Gov. Mary Fallin,
Rep. David Brumbaugh, Rep. Sally Kern, John Kraman

The Student DATA Act requires the State Board of Education to publicly set policies and establish safeguards for student data collected by the State Department of Education. Student data privacy has been handled largely at the staff level within the Department.

The law establishes new, strict limits on the transfer of student data, including de-identified data, to federal, state or local agencies or organizations outside Oklahoma. It further restricts the Department from requesting delinquency records, criminal records, medical and health records, social security numbers and biometric information as part of student data collected from districts.

Gov. Mary Fallin praised the successful effort to pass HB1989.

"The new law is a strong, conservative solution to a problem every state in the country is struggling to address,” said Gov. Fallin. “States play a vital role in protecting students’ privacy and Oklahoma takes that responsibility seriously. I applaud our legislators and Superintendent Barresi for working together on this legislation.”

Rep. David Brumbaugh, R-Broken Arrow, was the principle author of HB1989.

“Over time, I have been hearing more and more from parents about the data schools gathered about our children, what data was passed on to the state and federal governments and how that data could be used – and by whom," said Rep. Brumbaugh. "These concerns are what prompted me to author this bill. The Student DATA Act is the critical first step in developing a set of comprehensive and strict privacy controls on student data collected by Oklahoma's public school system."

Rep. Jason Nelson, R-Oklahoma City, a House coauthor, helped draft the language of HB1989.

"As a parent of two children in public schools I know it's important for educators to keep records on students so they can do their jobs," said Rep. Nelson. "But, as a parent I also want the information handled appropriately. Now that the Student DATA Act opens the student data collection process to the public, everyone has the tools to help make sure there is an appropriate balance between having critical information about students but not collecting more data than is absolutely necessary while protecting such sensitive information."

Sen. Greg Treat, R-Oklahoma City, the Senate author, noted it is rare for a bill dealing with education to get such overwhelming support.

"I was pleased to work with these individuals who have diverse perspectives on education," said Sen. Treat. "Everyone came together to protect student data privacy."

The new law addresses the growing need to protect more fully our children’s privacy as the State Department of Education works with districts to expand teacher access and use of data for the purpose of improving instruction to increase student achievement.

Rep. Jason Murphey, R-Guthrie, a House coauthor, highlighted the importance of transparency about data collection.

"The new law creates additional transparency," said Rep. Murphey. "For the first time, the process for protecting student data will be required to be open to the public. Being open with the public is the best way to avoid problems in the future."

Sen. Clark Jolley, R-Edmond, Senate coauthor, said the law protects student privacy while allowing essential data to be used for accountability purposes.

“It is paramount to protect student privacy by securing the data, but still allowing for funding decisions to be made from what is proven effective rather than what we hope or think will be effective,” said Sen. Jolley. "With state resources being so limited, every dollar counts.”

Superintendent Janet Barresi called the new law a well thought out approach to protect student information.

“The Oklahoma State Department of Education has been working with local administrators and teachers to determine what data they need from the state to improve student learning," said Supt. Barresi. "As more data are made available to classroom teachers, the state needs thoughtful and transparent rules about who can access the data and how it can be used."

It is anticipated this new level of transparency will lead to a healthy public debate about the proper role and scope of data collected on the State's public school students. With the level of detail now available to the public, concerned Oklahomans will have the information necessary to better guide policy makers in decisions regarding the sensitive issue of information collected on students. As lawmakers, we look forward to a public conversation on this issue and expect to run additional legislation in the future to build on this foundation.

“This was a combined effort to ensure that the new law would achieve desired outcomes without causing unintended consequences for teachers and students,” says Rep. Brumbaugh, adding that, “we will continue to work with the Department of Education as they implement the law.”

HB1989 received near unanimous support, passing the House 88-2 and the Senate 41-0. The bill was signed by Gov. Fallin on May 29th and becomes effective July 1.

The Student DATA Act:

• requires the State Board of Education to publish a public inventory of student data elements collected by the State Department of Education with definitions of each student data element,


• requires the Board to publish a public list of additional student data elements it is proposing for collection including a statement about the reason for the proposal,


• requires the Board to develop and make public policies and procedures to comply with all relevant privacy laws,


• requires the Board to develop and make public policies limiting who can access student data, what student data can be accessed and the circumstances under which the data may be accessed,


• requires that student data collected and maintained by the Department be kept confidential except where the Board has developed and made publicly available the criteria for exceptions,


• requires the Board to ensure compliance by the Department with privacy laws,


• requires the Board to ensure vendor contracts include express provision that safeguard privacy and include penalties for noncompliance, and


• requires the Board to make annual reports to the Governor and Legislature.


• establishes new strict limits on the transfer of student data, including de-identified data, to federal, state or local agencies or organizations outside Oklahoma, and


• further restricts the Department from requesting delinquency records, criminal records, medical and health records, social security numbers and biometric information as part of student data collected from districts.

Human trafficking bills go to Gov. Fallin

The growing problem of human trafficking has resulted in Senate passage of two bills aimed at helping the victims of this crime. House Bill 1058 by Sen. Nathan Dahm and Rep. Sally Kern and House Bill 1067 by Sen. A.J. Griffin and Rep. Lee Denney were approved in the Senate on Thursday.

A crime that affects mainly women and children, the State Department has identified the United States as the #1 destination for child sex trafficking. With Oklahoma at the crossroads of I-35 and I-40, the state has seen a tremendous increase in this crime, with several notorious cases making headlines in recent years. Dahm said HB 1058 is intended to help survivors of human trafficking.

“It allows a charge to be expunged if that person was forced into prostitution as a victim of human trafficking,” said Dahm, R-Tulsa. “What happens to these victims is not their fault. They need to be able to have their record expunged in order to move on with their lives.”

Kern said the legislation was an important step forward in how Oklahoma deals with human trafficking.

“I think it is a necessary bill that will protect the victims of this crime as they seek to rebuild their lives without having the unnecessary burden of a criminal record,” said Kern, R-Oklahoma City.

Griffin said HB 1067 is aimed more specifically at minor victims of human trafficking who are forced into the sex trade.

“It does several things—it requires peace officers to notify those victims of the services that are available and make sure the proper authorities with the Department of Human Services are notified. It also assumes that individuals who are minors involved in the crime of prostitution have been coerced to participate in that activity,” said Griffin, R-Guthrie. “They are survivors of a horrible crime and as such we need to help, not punish them.”

Denney explained it is important to recognize that when human traffickers force children and teens into prostitution, it’s the traffickers who are the criminals.

“I believe it is vital to protect our children who have been drawn into human trafficking and abuse,” said Denney, R-Cushing. “We need to protect them from prosecution and focus instead on restoring their mental and physical wholeness.”

Both measures now go to Gov. Mary Fallin for her approval.

Restoring Private School Local Control Passed Committee

OKLAHOMA CITY – Legislation that would give private schools the ability to set policy in regards to firearms received unanimous support by a House committee last week.

House Bill 1622, by state Rep. Sally Kern, was approved by a 12-0 vote in the House Public Safety Committee. Kern said private schools would be able to arm teachers to defend the school if they so choose, under her bill. 

“The bill allows private schools to set a policy for arming faculty to protect students and themselves if an active shooter were to come on campus. The bill does not mandate private schools do this. It just leaves the decision up to each governing board to make that determination. Private schools are private entities and the state has no business telling them who can and cannot carry a firearm on their property,” said Kern.

Churches are a good example of a private property on which a law-abiding gun owner might be charged with a crime for carrying a weapon on a Monday, during a church-run school’s hours, or have no charge on Sunday, when they are attending a service, Kern said.

Current law punishes gun owners who carry a firearm onto private school property with a felony charge, a fine of up to $5,000 and two years in prison. Under Kern’s bill, the penalty would be a misdemeanor charge, a fine of no more than $250 and zero jail time.

“Although we now have open carry, there are a number of laws still on the books that severely penalize what could easily be a simple mistake by a law-abiding citizen,” said Kern, R-Oklahoma City. “Lawmakers are working to lower the penalties for some of these infractions, so that we are not jailing citizens that mean no harm.”

If approved by the House Calendar Committee, the legislation will be available for a hearing on the House floor.

Bill that expunges human trafficking records passes Committee

OKLAHOMA CAPITOL -- House Bill 1058, authored by State Rep. Sally Kern, was passed by the Public Safety Committee last week. 

The bill passed the Public Safety Committee on a 10-0 vote. The bill would allow those kidnapped and forced into human sex trafficking who have had a charge or conviction of prostitution filed against them to have their record expunged from law enforcement and court records. 

House Bill 1058 will now move to the House for approval. 

Bill Allows Audits of State Appropriations to a Non-Profit

OKLAHOMA CITY – Last year, many lawmakers were not pleased when they discovered that appropriations they had approved for a state agency eventually were given to a non-profit organization.

House Bill 1323, by state Reps. Sally Kern and David Brumbaugh, would authorize the state auditor to audit any state-appropriated dollars passed through an agency to a non-profit.

The legislation was approved by the Oklahoma House of Representatives General Government Committee by a vote of 7-2.

“This legislation gives the auditor the discretion to do an audit; it does not mandate one,” said Kern, R-Oklahoma City. “This bill will ensure that there is transparency on all taxpayer money. I requested help from the auditor’s office to help write the bill. The idea for the bill arose by the public over the $2 million that was given to the Youth Expo last year that many legislators knew nothing about until after the fact. I’m not questioning the rightness or wrongness of a ‘pass through.’ I just want legislators and the public to be aware of them. They merit scrutiny.”

“Contracts entered into with our state should contain audit clauses. The public has the right of full disclosure of where their funds go. Good legislation is all about transparency and this is good legislation,” said Brumbaugh, R-Broken Arrow.

If approved by the House Calendar Committee, the legislation will be available for a hearing on the House floor.

Human Trafficking Bill Sent to Governor

Rep. Sally Kern
R-Oklahoma City

OKLAHOMA CITY (April 12, 2012) – State senators today approved legislation that would help protect the victims of sex trafficking and sent it to Governor Mary Fallin to be signed into law.

House Bill 2518, by state Rep. Sally Kern, expands the definition of human trafficking to include the act of recruiting, harboring or transporting a minor for the purpose of prostitution. The legislation also prohibits any attempt to claim the minor’s consent as a means of defense.

“This legislation will help district attorneys prosecute individuals involved in exploiting young men and women,” said Kern (R-Oklahoma City). “Sex trafficking is a horrendous crime that has become sadly prevalent in the U.S. Few people realize how widespread it has become because the crime is concealed in so many ways. Sex traffickers use violence, threats, false promises, debt bondage and other forms of control to keep their victims in line. That’s why the legislation has a provision dealing with consent, because no one should defend their crime by saying a child agreed to be exploited”

Oklahoma City police recently intervened when a 15-year-old girl was found prostituting on South Robinson Avenue.

“It is happening here in Oklahoma and we need to do what we can to help stop it,” Kern said. “It breaks my heart to hear of a young girl forced to participate in such a dehumanizing crime.”

House Bill 2518 passed unanimously in both the Oklahoma House of Representatives and the Oklahoma Senate.  

House Votes to Encourage Charitable Clinics

OKLAHOMA CITY – Legislation approved by the Oklahoma House of Representatives would encourage greater access to health care in the form of charitable clinics.

House Bill 2521, by state Rep. Sally Kern, redefines a free clinic as a charitable clinic and limits liability for volunteer physicians and other health care providers working at the clinic. The legislation defines a charitable clinic as a nonprofit entity organized for the purpose of providing health care services at no charge or for a minimal fee.

“Not all Oklahomans have access to health care either because they cannot afford it or because of the hardship of providing that care for profit in certain areas of the state,” said Kern (R-Oklahoma City). “My legislation encourages the use of charitable clinics by protecting the volunteer physicians and health care providers working in the clinic from frivolous lawsuits.”

The legislation addresses where volunteer health care providers can offer their services, Kern said.

“Charitable clinics are not truly free clinics, because many of them need to charge a small fee to cover some of their administrative costs,” Kern said. “This legislation ensures that our current law incorporates this fact.”

House Bill 2521 passed the Oklahoma House of Representatives on a 91-0 vote and now proceeds to the Senate for consideration.

Clarification of Social Promotion Law Clears House

OKLAHOMA CITY (March 6, 2012) – Lawmakers have voted to clarify the process for exempting certain children from the requirement that all third grade students read at grade level or face retention under a law ending social promotion.

House Bill 2516, by state Rep. Sally Kern, amends the Reading Sufficiency Act to require clear documentation of the need for an exemption and makes administrators explicitly responsible for justifying those decisions.

“For long-term student success, it is important that children read at grade-level by the end of third grade,” said Kern, an Oklahoma City Republican who is a former school teacher. “However, there are certain circumstances where we allow students to be promoted to the fourth grade without achieving that goal. It is important that we have a set policy in place to deal with those exemptions that establishes clear responsibility for that decision.”

Under current law, third-grade students may be exempted from retention if they are limited-English-proficient students with less than two years instruction in English or if the student has been diagnosed with a disability and placed on an individualized education plan (IEP).

Also exempted are students who successfully complete an alternative standardized reading assessment approved by the State Board of Education or those who demonstrate grade-level reading mastery through a student portfolio. Students who have received intensive remediation in reading for two or more years and those who have previously been retained up to two years in prior grades are also exempted.

Under House Bill 2516, students may be exempted from retention if the principal recommends it based upon alternative assessments or portfolio work. The superintendent would be required to explicitly approve or reject that recommendation in writing.

The bill also allows teachers to recommend promotion of students contingent upon participation in a summer academy or other program.

“The purpose of House Bill 2516 is to establish a clear, transparent chain of command when dealing with possible exceptions to the social-promotion law,” Kern said. “By creating a paper trail, we can ensure that decisions are not made lightly and that a consistent process is used to make those determinations.”

House Bill 2516 passed the Oklahoma House of Representatives on a 93-1 vote today. It now proceeds to the state Senate for consideration.

House Passes Bill to Stop Social Promotion of Third Graders Who Can't Read

House Bill 1550 requires that if a third-grade student is not reading at grade level, the student will be asked to participate in a summer reading academy or other program designed to assist the student in attaining grade-level reading skills. 

House Bill 1550 by Rep. Sally Kern and coauthored by Rep. Nelson passed the House of Representatives today 67-26.

If the student does not participate, the student will be retained in third grade and a new program of reading instruction will be developed for the student. If the student does participate in the summer program but doesn’t successfully complete competencies, the student will be retained in third grade and provided alternative reading instruction. In addition, students who score unsatisfactory on the reading portion of the third grade criterion-referenced test, will be retained in the third grade and provided alternative reading instruction.

Parents of students who are not reading at grade level or who scored unsatisfactory on the reading portion of the test will be notified that the student will be retained if the reading deficiencies of the student are not remediated, reasons the student is not eligible for a good cause exemption, description of the program of reading instruction and strategies for parents to help students.

Good cause exemptions will be limited to:

1. limited English-proficient students who have had less than two years of instruction in English.
2. students with disabilities whose Individualized Education Plan indicates that participation in the statewide criterion-referenced test is not appropriate
3. students who demonstrate acceptable levels of performance on alternative assessments
4. students with disabilities who have IEPs and were previously retained in kindergarten, first grade, second grade or third grade for two years.
5. students who have received a program of reading instruction but still demonstrate a deficiency and were previously retained in kindergarten, first grade, second grade or third grade for two years.

The bill also provides for reimbursement for remediation for students who are retained in third grade.

HB 1550 now goes to the state Senate for consideration. 

Rep. Kern asks for A.G. opinion on scholarship taxation, Tulsa attorney rebuts assertion in story

By Patrick B. McGuigan, Published 26-Jan-2011, CapitolBeatOK.com

State Rep. Sally Kern has asked Attorney General Scott Pruitt for a formal opinion concerning assertions by some public school officials that scholarships supporting special needs scholarships are subject to federal taxation.

Meanwhile, an attorney with the controversial Tulsa law firm of Rosenstein, Fist and Ringold has directly rebutted the conclusion reached in a CapitolBeatOK news storythat the firm was “apparently” directing public school clients to tell parents they faced such taxation.

In her letter to Pruitt, dated yesterday (Tuesday, January 25), Rep. Kern wrote:

“I would like to request an opinion concerning an issue that has arisen because of the Lindsey Nicole Henry special needs scholarship Bill.

“It has come to my attention that school districts are asking for W-9s from the parents of the students using this scholarship. This scholarship money should be non-taxable.

“I request an official opinion on the following two questions:

1)   Is this scholarship money taxable?
2)   Does a school district need to send a W-9 to the parents utilizing this scholarship?

“I respectfully ask that you publish an opinion as soon as possible as these school districts seek to confuse and raise doubts about the program in the minds of parents and these parents are preparing to file their taxes in the near future.”

Today, CapitolBeatOK received an email from Rosenstein Fist Ringold. CapitolBeatOK appreciates the information received. The email reads as follows:

“My name is Jerry Zimmerman and I am the tax partner with the law firm of Rosenstein, Fist and Ringold (‘RFR). I had an opportunity to read your article that was published on Jan 25th in CapitolBeatOK, with respect to the taxation of the Lindsey Nicole Henry Scholarships. I am also making the assumption in responding, that RFR is the controversial law firm to which you refer in your article.

“Please allow me to provide you with the facts. When RFR has been requested by its school district clients to analyze the tax reporting matters concerning the scholarships, the task of responding to those requests has been assigned exclusively to me.

“In fact, I have specifically and unambiguously advised the school districts that have requested advice, that the school districts are NOT required to issue forms 1099 to the recipients of the scholarships. We have never been asked by any of our clients to issue an opinion, nor have we ever rendered an opinion, as to whether the receipt of the scholarship proceeds is a taxable event. I suspect that we have not been asked to issue such an opinion because our clients are the school districts as opposed [to] the recipients of the scholarship awards.

“As such, our clients have asked about their respective duties to report or forbear from reporting the issuance of the scholarship proceeds. I appreciate your article and I thought that it was incumbent on me to advise you of the facts. Very truly yours, Jerry Zimmerman.”