589-004-0500 Exceptions to Prior Consent Requirement A college may disclose personally identifiable information from an education record of a student without the consent required by OAR 589-004-0450 if the disclosure meets one or more of the following conditions: (1) The disclosure is to other school officials, including teachers, athletic directors, coaches and counselors within the college who have legitimate educational interests in the records. (2) The disclosure is, subject to the requirements of OAR 589-004-0200(1)(m), to officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll. (3)(a) The disclosure is for the purposes of an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal or state legal requirements which relate to those programs, and is to authorized representatives of: (A) The Comptroller General of the United States; (B) The Secretary of the United States Department of Education; or (C) State or local educational authorities. (b) Information that is collected under subsection (a) of this section must: (A) Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in subsection (a) of this section; and (B) Be destroyed when no longer needed for the purposes listed in subsection (a) of this section. (c) Subsection (b) of this section does not apply if: (A) The student has given written consent for the disclosure under OAR 589-004-0450; or (B) The collection of personally identifiable information is specifically authorized by federal law. (4) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: (a) Determine eligibility for the aid; (b) Determine the amount of the aid; (c) Determine the conditions for the aid; or (d) Enforce the terms and conditions of the aid; (e) As used in this section, "financial aid" means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an education agency or institution; (f) If the student refuses to consent to disclosure of personally identifiable information and/or his/her social security number, but releases the social security number as a condition of receiving financial aid, the college shall mask the social security number to ensure it is used only for purposes allowed under federal financial aid law. (5)(a) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: (A) Develop, validate, or administer predictive tests; (B) Administer student aid programs; or (C) Improve instruction. (b) The agency or institution may disclose information under this section only if: (A) The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and (B) The information is destroyed when no longer needed for the purposes for which the study was conducted. (c) For the purposes of this section, the term "organization" includes, but is not limited to, federal, state, and local agencies, and independent organizations. (6) The disclosure is to accrediting organizations to carry out their accrediting functions. (7) The disclosure is to parents of a dependent student as defined in Section 152 of the Internal Revenue Code. (8) The disclosure is to comply with a judicial order or lawfully issued subpoena. The educational agency or institution may disclose information under this section only if the agency or institution makes a reasonable effort to notify the student of the order or subpoena in advance of compliance. (9) The disclosure is to law enforcement, child protective services, and health care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals. (10) The disclosure is information the educational agency or institution has designated as "directory information", under the conditions described in OAR 589-004-0100(1) and 589-004-0200(2) through (5). [Publications: Publications referenced are available from the agency.] 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 581-041-0480 EB 7-1994, f. & cert. ef. 4-29-94