justicedao/ipfs_state_laws huggingface dataset:
589-002-0900 Reporting Requirements (1) Colleges are required to submit, on or before January 30 of each year, reports of the revenues and expenditures, classified according to the format supplied by the Office. (2) Colleges are required to submit enrollment reports for fourth week estimates by Friday of the fifth week of each term, and a term-end enrollment report by Friday of the sixth week following the close of each term. If reports are outstanding at the time of the quarterly payments, payment to the college(s) not reporting may be delayed at the discretion of the Director. (3) Colleges are required to submit to the Office one copy of their final audits no later than January 2 of each year following the year for which the audits are conducted. (4) Rules governing the classification of revenue and expenditure accounts for community colleges are contained in the Community College Accounting Manual published by the Office (latest edition). Budget documents and audit reports will conform to these rules. The Commission adopts this publication to fulfill its responsibilities by reference as set forth in ORS 294.393. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 294.352, 341.015 & 341.626 Statutes/Other Implemented: ORS 294.352, 294.356, 341.626 & 341.709 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0250 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0265 & 581-043-0266 EB 33-1989, f. & cert. ef. 11-28-89 EB 23-1989(Temp), f. & cert. ef. 6-12-89 EB 5-1988, f. & cert. ef. 1-14-88 EB 14-1987(Temp), f. & cert. ef. 7-30-87 EB 10-1987, f. & cert. ef. 5-12-87 1EB 5-1982, f. & cert. ef. 2-10-82
589-004-0150 Applicability of Student Record Rules OAR 589-004-0150 through 589-004-0750 apply to records of students enrolled in Oregon community colleges, including students who have not reached 18 years of age. Statutory/Other Authority: ORS 326.015, 341.105 & 341.290(17) Statutes/Other Implemented: ORS 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0400 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0250 Rights of Inspection, Review, and Amendment (1) Except as limited under section (7) of this rule, each college shall permit a student to inspect and review the education records of that student. (2) The college shall comply with a request for access to records within a reasonable period of time, but in no case more than 45 days after it has received the request. (3) The college shall respond to reasonable requests for explanations and interpretations of the records. (4) If a student so requests, the college shall give the student a copy of the student's education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in ORS 192.501(4) shall be provided unless required by federal law. (5) The college shall not destroy any education records if there is an outstanding request to inspect and review the records under this section. (6) While a college is not required to give a student access to treatment records under the definition of "education records" in OAR 589-004-0100(3)(b)(E), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student's choice. (7) If the education records of a student contain information on more than one student, the student may inspect, review or be informed of only the specific information about that student. (8) A college does not have to permit a student to inspect and review the following records: (a) Financial records of the student's parents; (b) Confidential letters and statements of recommendation if the student has waived his or her right to inspect the letters and statements under the procedure in 34 CFR, Section 99.12(b)(3). (9) If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy or other rights, he or she may ask the college to amend the record. (10) The college shall decide whether to amend the record as requested within a reasonable time after the college receives the request. (11) If the college decides not to amend the record as requested, it shall inform the student of its decision and of his or her right to a hearing under OAR 589-004-0350. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 192.440, 192.501(4) & 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0430 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0300 Fees for Copies of Education Records (1) Educational records are public records under ORS 192.410 through 192.505 for purposes of charging fees. (2) Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student's education records, a college may charge a fee for a copy of an educational record that is made for the student subject to section (3) of this rule. (3) Notwithstanding ORS 192.440(3), a college may not charge the student a fee to search for or to retrieve the education records of the student. Such fees may be charged to persons who are not students, including persons seeking education records pursuant to a subpoena. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 192.440 & 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0440 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0350 Right to a Hearing to Challenge Content and Conduct of a Hearing (1) A college shall give a student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy or other rights of the student. (2) If, as a result of the hearing, the college decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall: (a) Amend the record accordingly; and (b) Inform the student of the amendment in writing. (3) If, as a result of the hearing, the college decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place a statement in the hearing record commenting on the contested information in the record or stating why he or she disagrees with the decision of the college, or both. (4) If a college places a statement in the record of the hearing under section (3) of this rule, the college shall: (a) Maintain the statement with the contested part of the record for as long as the record is maintained; and (b) Disclose the statement whenever it discloses the portion of the record to which the statement relates; (c) Electronic student records shall be flagged to indicate a contested case hearing record exists. (5) The hearing required by section (1) of this rule must meet at a minimum the following requirements: (a) The college shall hold the hearing within a reasonable time after it has received the request for the hearing from the student; (b) The college shall give the student notice of the date, time, and place reasonably in advance of the hearing; (c) The hearing may be conducted by any individual, including an official of the college, who does not have a direct interest in the outcome of the hearing; (d) The college shall give the student a full and fair opportunity to present evidence relevant to the issues raised under this rule. The student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney; (e) The college shall make its decision in writing within a reasonable period of time after the hearing; (f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0450 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0400 Student Release of Social Security Numbers (1) Community colleges are required to request that students release their social security numbers for the purposes of record-keeping and research. The request made to the student shall notify the student that: (a) Release of the social security number is voluntary; (b) Request for release is made under the authority of ORS 341.290(17); and (c) Specific uses will be made of the social security number. Those specific uses must be described in the notification. (2) The request to a student to release his or her social security number shall conform to forms and/or procedures developed and published by the Commission. Any alteration by a college in the wording or procedure must be approved by the Director or designee under the authority of the Commission. The Commission may revise the wording only with a minimum of 90 days' notice to the colleges and only with the input of the colleges. (3) If a college determines that it needs to use the social security number for a purpose other than those described on the disclosure form, the college may add that use its disclosure form. The additional wording must be approved by the Director or designee before it is added to the disclosure statement. (4) Under no circumstances may a college require a student to release his or her social security number unless the release is specifically mandated by federal law (as in federal financial aid law and payroll requirements). (5) A college may not deny any student any right, benefit or privilege provided by law because of the student's refusal to disclose his or her social security account number. However, this provision does not apply with respect to any disclosure that is mandated by federal law. (6) If a student refuses to release his or her social security number, the college may assign an alternative student identification number. Such a number is personally identifiable information as defined in OAR 589-004-0100(6) and is governed by disclosure requirements set forth in OAR 589-004-0450. (7) A college that extends credit in the form of student loans or deferred tuition payments may request that the student voluntarily provide his or her social security number through a disclosure form separate from the form described in section (2) of this rule. Any such form shall be approved by the Director or designee prior to implementation. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 341.290 & Family Educational Rights and Privacy Act of 1974 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0460 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0450 Prior Consent to Disclose Information (1) The student shall provide written consent before a college discloses personally identifiable information from the student's education records, except as provided in OAR 589-004-0500, and in accordance with the college's policy adopted under OAR 589-004-0200(1)(d). (2) The consent must: (a) Specify the records that may be disclosed; (b) State the purpose of the disclosure; and (c) Identify the party or class of parties to whom the disclosure may be made. (3) When a disclosure is made under section (1) of this rule, if the student so requests, the college shall provide him or her with a copy of the records disclosed. "Records disclosed" may consist of a list of data elements included in OCCURS records. (4) A record of consent shall be maintained for as long as the individual's records are maintained. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0470 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0550 Penalties for Misuse Any officer or employee of OCCURS or of the Office of Community Colleges and Workforce Development or of any other state agency who has access to personally identifiable student records maintained and/or provided by a community college who, without proper authority, shall disclose such information may be disqualified from holding any appointment or employment with the State of Oregon, in accordance with ORS 657.665(6). Statutory/Other Authority: ORS 341.015, ORS 341.290(17) & ORS 350.075 Statutes/Other Implemented: ORS 341.290 & ORS 657.665 History: CCWD 8-2025, minor correction filed 08/27/2025, effective 08/27/2025 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0490 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0600 Redisclosing Information (1) Any party who receives student records containing personally identifiable information from a community college or colleges may disclose that information to a third party only if the student has been notified of the redisclosure and its purpose in the original disclosure notice and has consented, unless redisclosure falls under the exceptions described in OAR 589-004-0500. (2) Social security numbers disclosed to the Performance Reporting Information System must be encoded either by the originating college or by OCCURS, as required in ORS 657.734 . (3) Community colleges, OCCURS, or other parties may share and publish aggregate data which do not identify any individual student, without meeting the consent requirements of section (1) of this rule. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 329.965, 341.290, 20 U.S.C. Sec. 1232g (b)(5) & 34 CFR Sec. 99.32(a) History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0500 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0650 Filing a Federal Complaint (1) A person may file a written complaint with the Family Policy Compliance Office, United States Department of Education, regarding an alleged violation under the Family Educational Rights and Privacy Act. The Office's address is: Family Policy and Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605. (2) A timely complaint under section (1) of this rule is defined as an allegation of a violation of the Family Educational Rights and Privacy Act that is submitted to the Family Policy Compliance Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. (3) The Family Policy Compliance Office extends the time limit in section (2) of this rule if the complainant shows that he or she was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient by the Family Policy Compliance Office. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 341.290 & 34 CFR Sec. 99 et seq. History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0510 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0700 Civil Action Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student's education records, as prohibited by OAR 589-004-0150 through 589-004-0550, may file a civil action in circuit court pursuant to ORS 30.864. Statutory/Other Authority: ORS 30.864, 351.735 & ORS 341.015 Statutes/Other Implemented: ORS 30.864 & ORS 341.290 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0520 EB 7-1994, f. & cert. ef. 4-29-94
589-004-0750 Recordkeeping Requirements (1) A college shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student: (a) The college shall maintain the record with the education records of the student as long as the records are maintained; (b) For each request or disclosure the record must include: (A) The parties who have requested or received personally identifiable information from the education records; and (B) The legitimate interests the parties had in requesting or obtaining the information; (c) Colleges that maintain electronic records may flag those records to refer to disclosure information which applies to all students; (d) For purpose of ongoing submission of records to OCCURS, a single record or electronic flag referring to OCCURS policy on data elements collected and transmitted shall constitute appropriate recordkeeping. (2) If a college discloses personally identifiable information from an education record with the understanding authorized under section (1) of this rule, the record of disclosure required under this section must include: (a) The names of the additional parties to which the receiving party may disclose the information on behalf of the college; and (b) The legitimate interests under OAR 589-004-0500 which each of the additional parties has in requesting or obtaining the information. (3) A college is not required to keep records of disclosures when the disclosure is to: (a) The student who is the subject of the record; (b) A college official with a legitimate educational reason under OAR 589-004-0500(1); (c) A party with written consent from the student; or (d) A party seeking directory information. Statutory/Other Authority: ORS 326.051, 341.015 & 341.290(17) Statutes/Other Implemented: ORS 341.290, 20 U.S.C. Sec 1232g(b)(5) & 34 CFR Sec. 9932(a) History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0530 EB 7-1994, f. & cert. ef. 4-29-94
589-005-0100 Formation of a Community College District (1) The petition submitted to the Commission pursuant to ORS 341.025 for approval of the formation of a community college district shall include the following: (a) Total population within the proposed community college district; (b) True cash and assessed valuation of the proposed community college district and property tax rates in effect in the proposed college district; (c) High school enrollment within the proposed community college district; (d) Maps showing the location of high schools within the proposed community college district; (e) Employment trends in the proposed community college district. (f) The minimum number of required signatures of 500, or 10 percent, of the electors registered in each county or parts of counties within the designated territory, whichever is the lesser. The number of required signatures for each county or parts of counties shall be proportionate to the qualified voters of the entire proposed community college district. (g) The boundaries of the territory to be included in the proposed community college district which may include all or part of the territory lying within the boundaries of a school district and may be located in more than one county; (h) The method of nomination and election of the board of education of the proposed community college district from among the methods described in ORS 341.327. (2) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the Commission shall determine whether the formation of a community college district is warranted. (3) In considering whether residents of an area will materially benefit from inclusion in a community college district, as described in ORS 341.055, the Commission shall consider: (a) The number of potential students living within 50 miles of the location of the proposed community college district's main campus; (b) Other indications that a community of interest exists that connects the area to the proposed community college district. Statutory/Other Authority: ORS 326.051 & 341.025 Statutes/Other Implemented: ORS 341.025 - 341.185 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0150 EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-041-0005, 581-41-010 & 581-041-0015 1EB 131, f. 5-19-72, cert. ef. 6-1-72
589-005-0200 Formation and Definition of a Community College Service District (1) For the purposes of this rule, "community college service district" is defined as a district that is governed by the laws applicable to community college districts but which: (a) May not incur bonded indebtedness for any purpose; and (b) Must undergo an annual review by its board to determine which district services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements. (2) A petition for the formation of a community college service district shall contain the same information required for formation of a community college district set forth in OAR 589-005-0100. (3) A petition affecting a territory that, in the judgment of the Director, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district. (4) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the Commission shall use the following criteria in determining whether the formation of a community college service district is warranted: (a) The community college-type education services needed for the petitioning area can best be served by a community college service district which contracts for instructional services; (b) A community college service district can more effectively provide the needed educational services than other existing districts. Statutory/Other Authority: ORS 326.051 & 341.025 Statutes/Other Implemented: ORS 341.039 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0200 EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0220 & 581-043-0230 EB 22-1989(Temp), f. & cert. ef. 6-12-89 1EB 178, f. 10-18-74, cert. ef. 11-11-74