justicedao/ipfs_state_laws huggingface dataset:
581-021-0255 Transfer of Student Education Records (1) Within ten days of a student seeking enrollment in or services from a public or private school including an ESD, or when a student is placed in a state institution other than an institution of postsecondary education, or a private agency or youth care center (hereinafter referred to as the new educational agency), the new educational agency must notify the public or private school, education service district, institution, agency, or youth care center in which the student was formerly enrolled (hereinafter referred to as the former educational agency), and request the student's education records. (2) The former educational agency must transfer all requested student education records to the new educational agency no later than 10 days after receiving the request. (3) The education records transferred to the new educational agency must include any education records relating to the particular student retained by an education service district. (4) The educational agency must retain originals of student education records for the time periods and under the conditions described in the record retention rule, OAR 166-400-0060, except that originals or a printed copy of the record shall be transferred to a new education agency upon request. (5) When original records have been transferred to a new educational agency as required in subsection (2) of this rule, readable copies of the following documents must be retained by the former educational agency or institution for the time periods and under the conditions as prescribed in the record retention rule, OAR 166-400-0060: (a) The student's permanent record as defined in subsection (11) of OAR 581-021-0220; and (b) Such special education records as are necessary to document compliance with state and federal audits. (6) Notwithstanding subsections (1) and (2) of this section, for students who are in substitute care programs: (a) A school, institution, agency, facility or center shall notify the school, institution, agency, facility or center in which the student was formerly enrolled and shall request the student's education records within five days of the student seeking initial enrollment; and (b) Any school, institution, agency, facility or center receiving a request for a student's education records shall transfer all student education records relating to the particular student to the requesting school, institution, agency, facility or center no later than five days after the receipt of the request. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.6 Statutes/Other Implemented: ORS 326.565 History: ODE 1-2025, amend filed 01/16/2025, effective 01/17/2025 ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12 ODE 8-2007, f. & cert. ef. 3-1-07
581-021-0260 An Educational Agency or Institution’s Annual Notification (1) Each educational agency or institution shall annually notify parents of students currently in attendance, and eligible students currently in attendance, at the agency or institution of their rights under OAR 581-021-0220 through 581-021-0440. (2)The notice must inform parents and eligible students that they have a right to: (a) Inspect and review the student's education records; (b) Request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights; (c) Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that these rules authorize disclosure without consent; (d) Pursuant to OAR 581-021-0410, file with the U.S. Department of Education a complaint under 34 CFR § 99.64 concerning alleged failures by the agency or institution to comply with the requirements of the Family Educational Rights and Privacy Act; and (e) Obtain a copy of the policy adopted under OAR 581-021-0250. (3) The notice must include all of the following: (a) The procedure for exercising the right to inspect and review education records. (b) The procedure for requesting amendment of records under OAR 581-021-0300; (c) Regarding disclosure of education records to school officials and teachers within the education agency whom the agency has determined to have legitimate educational interest, a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest; (4) Each educational agency or institution shall annually notify parents and eligible students of what it considers to be directory information and the conditions for disclosure of such information as provided in OAR 581-021-0390. (5) Each educational agency or institution shall annually notify parents or eligible students that it forwards education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request. (6) The notice provided under section (1) of this rule must also indicate the places where copies of the policy adopted under OAR 581-021-0250 are located. (7) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents and eligible students of their rights; (8) An agency or institution of elementary or secondary education shall effectively notify parents of students who have a primary or home language other than English. (9) An educational agency or institution shall effectively notify parents or eligible students who have a disability. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.7 Statutes/Other Implemented: ORS 326.565 History: ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 ODE 8-2007, f. & cert. ef. 3-1-07 EB 20-1995, f. & cert. ef. 7-25-95 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0265 Confidentiality of Student Education Records (1) Each school district shall keep confidential any record maintained on a child with a disability in conformance with OAR 581-021-0220 through 581-021-0440. (2) Each school district shall protect the confidentiality of personally identifiable information at collection, storage, discloser, and destruction stages. (3) One official at each school district shall assume responsibility for ensuring the confidentiality of any personally identifiable information. (4) All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures under OAR 581-015-0055 through 581-015-0606 and 581-021-0220 through 581-021-0440. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 34 CFR Sec 99.7 Statutes/Other Implemented: ORS 343.045 & 343.155 History: ODE 8-2007, f. & cert. ef. 3-1-07
581-021-0270 Rights of Inspection and Review of Education Records (1) Except as limited under FERPA and IDEA, each educational agency or institution shall permit a parent, an eligible student, or a representative of a parent if authorized in writing by the parent, to inspect and review the education records of the student. (2) The educational agency or institution shall comply with a request for access to records: (a) Within a reasonable period of time and without unnecessary delay; (b) For children with disabilities under OAR 581-015-0051, before any meeting regarding an IEP, or any due process hearing, or any resolution session related to a due process hearing; and (c) In no case more than 45 days after it has received the request. (d) For children under three years old who receive EI services, in no case more than 10 days after the request has been made. (3) The educational agency or institution shall respond to the reasonable requests for explanations and interpretations of the records. (4) If a parent or an eligible student so requests, the educational agency or institution shall give the parent or eligible 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 192.501(4) shall be provided unless authorized by federal law. (5) The educational agency or institution shall not destroy any education records if there is an outstanding request to inspect and review the records under this rule. (6) While an education agency or institution is not required to give an eligible student access to treatment records under the definition of "education records" in OAR 581-021-0220(6)(b)(D), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student's choice. Statutory/Other Authority: ORS 192.440, 192.501(4), 326.565 & 34 CFR § 99.10 & 34 CFR 303.405(a) Statutes/Other Implemented: ORS 326.565 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 8-2007, f. & cert. ef. 3-1-07 EB 20-1995, f. & cert. ef. 7-25-95 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0280 Fees for Copies of Education Records (1) Student records are public records under ORS 192.410 through 192.505 but are exempt from disclosure except as authorized by OAR 581-021-0220 through 581-021-0440. (2) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student’s education records, an educational agency or institution may charge a fee for a copy of an educational record which is made for the parent or eligible student subject to section (3) of this rule. (3) Notwithstanding ORS 192.440(3), an educational agency or institution may not charge a fee to search for or to retrieve the education records of a student. Statutory/Other Authority: ORS 192.410 - 192.505, 326.565 & 34 CFR § 99.11 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0290 Limitations on the Right to Inspect and Review Records If the education records of a student contain information on more than one student, the parent or eligible student may inspect, review, or be informed of only the specific information about that student. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.12 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0300 A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records (1) If a parent or eligible 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 educational agency or institution to amend the record. (2) The education agency or institution shall decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request. (3) If the educational agency or institution decides not to amend the record as requested, it shall inform the parent or eligible student of its decision and of his or her right to a hearing under OAR 581-021-0310. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.20 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0310 Right to a Hearing to Challenge Content (1) An educational agency or institution shall give a parent or eligible 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 educational agency or institution 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 parent or eligible student of the amendment in writing. (3) If, as a result of the hearing, the educational agency or institution 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 parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the educational agency or institution, or both. (4) If an educational agency or institution places a statement in the education records of a student under section (3) of this rule, the agency or institution 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. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.21 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0320 Minimum Requirements for the Conduct of a Hearing The hearing required by OAR 581-021-0310 must meet at a minimum the following requirements: (1) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student. (2) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing. (3) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing. (4) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under OAR 581-021-0310. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. (5) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing. (6) 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 326.565 & 34 CFR § 99.22 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0330 Prior Consent to Disclose Information (1) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in OAR 581-021-0340. (2) “Signed and dated written consent” under this part may include a record and signature in electronic form that: (a) Identifies and authenticates a particular person as the source of the electronic consent; and (b) Indicates such person’s approval of the information contained in the electronic consent. (3) The written 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: (a) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and (b) If the parent of a student who is not an eligible student so requests, the agency or institution shall provide the student with a copy of the records disclosed. (4) If a child is enrolled or is going to enroll in a private school that is not located in the child’s resident school district, parent consent must be obtained before any personally identifiable information about the child is released between officials of the school district where the private school is located and the resident school district. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.30 & 34 CFR 300.622 Statutes/Other Implemented: ORS 326.565 History: ODE 8-2007, f. & cert. ef. 3-1-07 EB 20-1995, f. & cert. ef. 7-25-95 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0350 Limitations on the Redisclosure of Information (1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. The officers, employees, and agents of a party that receives information under this section may use the information, but only for the purposes for which the disclosure was made. (2) Section (1) of this rule does not prevent an educational agency or institution from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if: (a) The disclosures meets the requirements of OAR 581-021-0340; and (b) The educational agency or institution has complied with the requirements in OAR 581-021-0400(2). (3) Section (1) of this rule does not apply to the following: (a) Disclosures to parents of a dependent student under OAR 581-021-0340(7) or to an eligible student; (b) Disclosures pursuant to court orders, lawfully issued subpoenas, or legal action under OAR 581-021-0340(8) or (9); (c) Disclosures of directory information under OAR 581-021-0340(11). (4) When applicable, an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this rule. (5) If the Family Policy Compliance Office determines that a third party improperly rediscloses personally identifiable information from education records in violation of paragraph 1, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.33 Statutes/Other Implemented: ORS 326.565 History: ODE 8-2007, f. & cert. ef. 3-1-07 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0360 Conditions for the Disclosure of Information to Other Educational Agencies or Institutions (1) An educational agency or institution that discloses an education record under OAR 581-021-0340(2) to officials of another school or school system where the student seeks or intends to enroll shall: (a) Annually notify parents or eligible students that it forwards education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request; (b) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: (A) The disclosure is initiated by the parent or eligible student; or (B) The annual notification of the agency or institution under §99.6 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll; (b) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and (c) Give the parent or eligible student, upon request, an opportunity for a hearing. (2) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if: (a) The student is enrolled in or receives services from the other agency or institution; and (b) The disclosure meets the requirements of section (1) of this rule. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.34 Statutes/Other Implemented: ORS 326.565 History: ODE 8-2007, f. & cert. ef. 3-1-07 EB 20-1995, f. & cert. ef. 7-25-95 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0370 Conditions for the Disclosure of Information for Federal or State Program Purposes (1) The officials listed in OAR 581-021-0340(3) shall have access to education records in connection with 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. (2) Information that is collected under section (1) of this rule must: (a) Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in section (1) of this rule; and (b) Be destroyed when no longer needed for the purposes listed in section (1) of this rule. (3) Section (2) of this rule does not apply if: (a) The parent or eligible student has given written consent for the disclosure under OAR 581-021-0330; or (b) The collection of personally identifiable information is specifically authorized by state or federal law. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.35 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0371 Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena (1) Under this section, unless required by a court order or a warrant authorized by a court, the educational agency or institution may not disclose, for the purpose of enforcement of federal immigration laws, the following information concerning a student, whether current or otherwise: (a) The student’s address; (b) The student’s workplace or hours of work; (c) The student’s school or school hours; (d) The student’s contact information, including telephone number, electronic mail address or social media account information; (e) The identity of known associates or relatives of the student; (f) The date, time or location of the student’s hearings, proceedings or appointments with the educational agency or institution that are not matters of public record; (g) The student’s citizenship or immigration status; or (h) Information described in paragraphs (a) through (g) of this subsection with respect to known relatives or associates of the student. (2) The agency or institution must make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of disclosure, so that the parent or eligible student may seek protective action except as provided below. (3) Notice to the parent or eligible student under paragraph (2) is not required if the disclosure is in compliance with: (a) A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (b) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. Statutory/Other Authority: ORS 326.565, 34 CFR § 99.31 & ORS 180.805 Statutes/Other Implemented: ORS 326.565 History: ODE 28-2025, amend filed 06/16/2025, effective 08/01/2025 ODE 16-2025, temporary amend filed 03/13/2025, effective 03/14/2025 through 09/09/2025 ODE 8-2007, f. & cert. ef. 3-1-07
581-021-0372 Conditions for the Disclosure of Information When Legal Action Initiated (1) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff. (2) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or the institution may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the educational agency or institution to defend itself. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.31 Statutes/Other Implemented: ORS 326.56 History: ODE 8-2007, f. & cert. ef. 3-1-07