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Oklahoma Legislature· HB 3547Referred to Rules

An act relating to schools, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3547            By: Maynard

4

5

6                            AS INTRODUCED

7   An Act relating to schools; creating the Parent Data

    Sovereignty Act of 2026; declaring legislative

8   findings and intent; defining terms; clarifying

    ownership of certain student data; prohibiting

9   student data use for commercial purposes; declaring

    parental rights to obtain student data and opt out of

10  certain data collection activities; prohibiting

    collection of student data under certain

11  circumstances without parental consent; requiring

    legislative approval for certain data collection;

12  prohibiting transfer of student data to other

    agencies and private organizations; requiring the

13  State Department of Education to create a parent opt-

    out form; prohibiting penalization of students for

14  opting out; mandating the creation of a Data

    Transparency Portal; providing portal content;

15  requiring contractors and vendors to take certain

    steps to protect student data; providing penalties

16  for violations; requiring the State Department of

    Education to promulgate rules; providing for

17  codification; and providing an effective date.

18

19

20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

21  SECTION 1.      NEW LAW  A new section of law to be codified

22 in the Oklahoma Statutes as Section 3-168.1 of Title 70, unless

23 there is created a duplication in numbering, reads as follows:

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    Req. No. 14154                                                  Page 1
1   A. This act shall be known and my be cited as the "Parent Data

2 Sovereignty Act of 2026".

3   B. 1. The Legislature finds that:

4   a. parents possess a fundamental right to direct the

5   upbringing, education, and privacy of their children,

6   b. public agencies exist to serve citizens, not to

7   compile or commercialize data on them,

8   c. current state and federal education data systems

9   collect and retain personally identifiable student

10  information without sufficient transparency, consent,

11  or parental control, and

12  d. the preservation of liberty in the digital age

13  requires explicit limits on the collection, retention,

14  and disclosure of personal data by state agencies.

15  2. It is the intent of the Legislature to affirm that parents

16 are the primary stewards of their children's information, to

17 restrict government data collection to what is legally necessary,

18 and to provide parents clear rights of notice, access, and consent.

19  C. As used in this act:

20  1. "Personally identifiable educational data (PIED)" means any

21 information maintained by a state education agency or contractor

22 that could identify an individual student or parent, including but

23 not limited to, name, student identification, demographic data,

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    Req. No. 14154                                                  Page 2
1 disciplinary history, test results, biometric or health data, or any

2 combination thereof;

3   2. "Parent" means a natural parent, guardian, or person with

4 legal authority to make educational decisions for the student;

5   3. "State education agency" means the State Department of

6 Education and any other public entity or vendor authorized to

7 collect or process student data; and

8   4. "Longitudinal linkage" means any state database that links

9 student information across years, programs, or agencies for tracking

10 educational or workforce outcomes.

11  D. All personally identifiable educational data relating to a

12 minor child is the property of the parent until the student reaches

13 eighteen (18) years of age. State agencies and their contractors

14 shall act only as custodians of personally identifiable educational

15 data and shall not obtain any proprietary or ownership interest of

16 such data. No state education agency or local school district shall

17 sell, trade, or license any student data for commercial purposes.

18  E. A parent shall have the right to:

19  1. Obtain, within thirty (30) days of request, a complete

20 record of all data elements collected or maintained on his or her

21 child by any state education agency or local school district;

22  2. Request correction or deletion of any inaccurate or

23 unnecessary data;

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    Req. No. 14154                                                Page 3
1   3. Opt out of any nonessential collection or data linkage

2 beyond what is required by state or federal law for enrollment,

3 funding, or accountability;

4   4. Opt out of inclusion in any research study, predictive

5 analytics model, artificial intelligence training dataset, or cross-

6 agency workforce linkage; and

7   5. Receive annual written notice from the school district and

8 the State Department of Education listing data elements collected,

9 their purpose, and all authorized data-sharing agreements.

10  F. 1. No personally identifiable educational data shall be

11 collected unless expressly authorized by state or federal law. The

12 following categories shall not be collected or retained without the

13 written consent of a parent:

14  a. political or religious affiliation or beliefs,

15  b. family income or tax information other than free and

16  reduced lunch eligibility,

17  c. biometric, health, or psychological data unrelated to

18  special education services,

19  d. student social media identifiers or Internet activity,

20  and

21  e. any data not directly necessary for educational

22  instruction or accountability.

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    Req. No. 14154                                                 Page 4
1   2. New data elements proposed for collection by the State

2 Department of Education shall receive legislative approval following

3 public notice and hearing before implementation.

4   G. 1. Personally identifiable student data shall not be

5 transferred to any federal or state agencies, including but not

6 limited to, workforce, health, or human services agencies, or to any

7 private contractor or nonprofit organization without the written

8 consent of the parent, or the student if the student has reached

9 eighteen (18) years of age, unless otherwise authorized by law.

10  2. Any data-sharing arrangement between multiple agencies shall

11 be disclosed publicly through the Data Transparency Portal

12 established under subsection I of this section.

13  H. 1. The State Department of Education shall develop a

14 standardized Parent Data Opt-Out Form, available electronically and

15 in paper format. Upon receipt of a completed form, the local school

16 district shall exclude the applicable student's records from

17 longitudinal and cross-agency linkage, and only de-identified or

18 aggregate data shall be used for state reporting purposes.

19  2. No student shall be penalized, denied enrollment, or suffer

20 academic disadvantage for opting out of data sharing as permitted by

21 this section.

22  I. In addition to the requirements of Section 3-168 of this

23 title, the State Department of Education shall create and maintain a

24 publicly accessible Data Transparency Portal that:

    Req. No. 14154                                                 Page 5
1   1. Lists all data elements collected by the Department;

2   2. Identifies which elements are mandatory versus optional;

3   3. Publishes copies of all active vendor contracts and data-

4 sharing agreements;

5   4. Reports all data breaches or unauthorized disclosures within

6 thirty (30) days; and

7   5. Posts annual privacy and security compliance audits required

8 under this section.

9   J. 1. Any contractor or vendor handling student data shall:

10  a. sign a Parent Data Privacy Agreement acknowledging its

11  obligations under this section,

12  b. employ industry standard encryption, multi-factor

13  authentication, and secure data storage protocols,

14  c. delete or return all data within ninety (90) days of

15  contract termination, and

16  d. submit to random privacy and security audits by the

17  State Department of Education or an independent third-

18  party auditor.

19  2. Vendors found in violation may be barred from future

20 contracts for a period of up to five (5) years.

21  K. 1. Any person or entity that violates any provision of this

22 section shall be subject to a civil penalty not to exceed Ten

23 Thousand Dollars ($10,000.00) per violation, which may be assessed

24 by a court of competent jurisdiction. Each unauthorized disclosure,

    Req. No. 14154                                                Page 6
1 transfer, sale, or use of personally identifiable educational data

2 shall constitute a separate violation.

3   2. Any person who knowingly or intentionally discloses, sells,

4 transfers, or otherwise makes available personally identifiable

5 educational data in violation of this section shall be guilty of a

6 misdemeanor, punishable by imprisonment in the county jail for a

7 term not to exceed one (1) year, or by a fine not to exceed One

8 Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

9   3. Parents may bring a private cause of action for injunctive

10 relief and damages in the district court of competent jurisdiction

11 for harm caused by violations of this section.

12  L. The State Board of Education shall promulgate rules to

13 implement the provisions of this section within one hundred eighty

14 (180) days of the effective date of this act.

15  SECTION 2. This act shall become effective November 1, 2026.

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17  60-2-14154      SW  01/10/26

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    Req. No. 14154                                                 Page 7
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