1. (a) Official records. Official records shall mean record as defined in Title 51 O.S. § 24A.3(1) or any successor statute.
2. (b) Records subject to disclosure. Records subject to disclosure shall mean records subject to disclosure under the Open Records Act.

3. (c) Procedure for records requests. Any individual or group seeking access to public records maintained by the State Board of Education or the State Department of Education should submit a written request to the State Department of Education. In order to provide prompt, reasonable access to records, to ensure that records requests are accurately communicated to the records custodian, and to enable the records custodian to accurately process the request, it is recommended that records requests comply with the following provisions:

   1. (1) All records requests should include:

      1. (A) Identification of the individual and/or entity making the request;
      2. (B) If the Requester is an entity rather than an individual, a name of a contact authorized to communicate with the records custodian on behalf of the Requester;
      3. (C) Sufficient contact information at which the Requester may be contacted by the records custodian to comply with the records request procedures set forth in this Section;
      4. (D) A description of the records requested with sufficient detail necessary to enable the records custodian to reasonably identify whether records responsive to the request exist;
      5. (E) Whether the Requester seeks copies of any or all of the records requested and if so, whether the Requester seeks certified copies of any or all of the records requested; and
      6. (F) If the Requester claims the public interest exemption from search fees in accordance with the provisions of (d) of this Section, all information necessary for the records custodian to determine the applicability of the exemption.
   2. (2) An Open Records Act request form is provided on the OSDE website. The form may be submitted by email, fax, or regular mail via the addresses stated on the form.
   3. (3) Requests submitted will not be deemed to have been received unless and until the request has been identified as a request properly filed in accordance with the provisions of the Oklahoma Open Records Act at 51 O.S. § 24A.1 et seq..
   4. (4) Within a prompt and reasonable time of the date of receipt of the request, the records custodian shall review the request, seek any additional information from the Requester necessary to clarify the request, and shall ascertain whether any records responsive to the request exist.

   5. (5) In addition, the records custodian shall promptly notify the Requester of the following:

      1. (A) Whether the request complies with the provisions of the Open Records Act;
      2. (B) If the records custodian believes the request does not comply with the Open Records Act, the records custodian shall notify the requestor within a reasonable amount of time;
      3. (C) That processing of the request will not begin until any applicable records search fees and costs of copying have been received by the agency; and
      4. (D) In the event the actual costs of copying and/or certification of records exceed the estimate provided and the amount of payment actually received from the Requester, that payment of any balance due from the Requester may be required prior to delivery of the requested records.

   6. (6) All records requests will be deemed to have been received and processing of the request will begin when one of the following conditions is met:

      1. (A) If payment of search fees or copying costs is required, upon receipt of:

         1. (i) The fees and costs due; and
         2. (ii) Receipt of any additional information necessary from the Requester to clarify and/or process the request; or

      2. (B) If payment of search fees or copying costs is not required, upon receipt by the records custodian of:

         1. (i) The Requester's confirmation of the request required by (7) of this subsection; and
         2. (ii) Receipt of any additional information necessary from the Requester to clarify and/or process the request.
   7. (7) Any request not confirmed by receipt of the requisite search fee within thirty (30) calendar days of the written notification set forth in (5) of this subsection may be deemed to be abandoned, unless, within the time stated, the Requester can show cause why the confirmation should be delayed or postponed.
   8. (8) If the Requester fails to furnish additional information reasonably necessary to identify the records sought or otherwise enable agency personnel to accurately process the request, any further processing of the request may be suspended by the records custodian. A request that remains suspended for a period of forty-five (45) calendar days or more may be deemed abandoned.
4. (d) Fees for record searches and copies of records. The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars ($12.00) per 3½-inch diskette, and $1.00 per page for certified documents. Copies provided via FAX machine cost $1.00 per page, regardless of the destination of the Faxed copy. For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and locating, the requested records.
5. (e) Processing and response times. The agency will provide prompt, reasonable access to records in accordance with the requirements of 51 O.S. § 25A.5(5). The period of time considered prompt and reasonable is dependent upon a number of variable factors including, as noted in the Open Records Act and case law annotations.
6. (f) Requests for agency public information. Certain employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by the State Board of Education ("Board") or the State Department of Education ("Department") ; internal personnel investigations including examination and selection material, employees' home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of either the Board or the Department, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.

Amended at 12 Ok Reg 2765, eff 7-13-95

Amended at 31 Ok Reg 1131, eff 9-12-14

Amended at 42 Ok Reg, Number 20, effective 7-11-25