justicedao/ipfs_state_laws huggingface dataset:
581-021-0380 Conditions for the Disclosure of Information in Health and Safety Emergencies (1) An educational agency or institution shall disclose personally identifiable information from an education record 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. (2) Nothing in this Act or this part shall prevent an educational agency or institution from: (a) Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; (b) Disclosing appropriate information maintained under paragraph (2)(a) of this section to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student. (3) Paragraphs (1) and (2) of this section will be strictly construed. (4) As used in this rule, a "health or safety emergency" includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction, or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to ORS 418.750 to 418.760. (3) Sections (1) and (4) of this rule shall be strictly construed. Statutory/Other Authority: ORS 326.565, 336.187 & 34 CFR § 99.36 Statutes/Other Implemented: ORS 336.187 & 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
581-021-0390 Conditions for the Disclosure of Directory Information (1) An educational agency or institution may disclose directory information if it has given annual public notice to parents of students in attendance and eligible students in attendance at the educational agency or institution of: (a) The types of personally identifiable information that the educational agency or institution has designated as directory information; (b) A parent or eligible student’s right to refuse to let the educational agency or institution designate any or all of those types of information about the student as directory information; and (c) The period of time within which a parent or eligible student has to notify the educational agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. (2) An educational agency or institution may disclose directory information about former students without meeting the conditions in section (1) of this rule. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.37 Statutes/Other Implemented: ORS 326.565 History: 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
581-021-0391 Conditions for the Disclosure of Information to Juvenile Justice Agencies An educational agency or institution may disclose personally identifiable information to a court and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies provided that: (1) Disclosure relates to the court’s or juvenile justice agency’s ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C. (2) A person to whom personally identifiable information is disclosed under this paragraph shall certify, in writing, that the person will not disclose the information to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency. Statutory/Other Authority: ORS 326.565, 336.187 & 34 CFR § 99. Statutes/Other Implemented: ORS 326.56 History: ODE 8-2007, f. & cert. ef. 3-1-07
581-021-0400 Recordkeeping Requirements (1) An educational agency or institution 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 agency or institution 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; (B) The date access was given; and (C) The legitimate interests the parties had in requesting or obtaining the information. (2) If an educational agency or institution discloses personally identifiable information from an education record with the understanding authorized under OAR 581-021-0350(2), 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 educational agency or institution; and (b) The legitimate interests under OAR 581-021-0340 which each of the additional parties has in requesting or obtaining the information. (3) The following parties may inspect the record relating to each student: (a) The parent or eligible student; (b) The school official or his or her assistants who are responsible for the custody of the records; (c) Those parties authorized in OAR 581-021-0340(1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution. (4) Section (1) of this rule does not apply if the request was from or the disclosure was to: (a) The parent or eligible student; (b) A school official under OAR 581-021-0340(1); (c) A party with written consent from the parent or eligible student; or (d) A party seeking directory information. (e) A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing 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 § 99.32 & 34 CFR 300.614 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
581-021-0410 Filing a Federal Complaint (1) A person may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, regarding an alleged violation under the Family Educational Rights and Privacy Act. The office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, D.C. 20202-5920. (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 reasonable should have know 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 326.565, 34 CFR § 99.63 & 99.64 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
581-021-0420 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 581-021-0220 through 581-021-0440, may file a civil action in circuit court pursuant to ORS 30.864. Statutory/Other Authority: ORS 30.864 & 326.565 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
581-021-0430 The Distribution of Rules Relating to Student Records (1) The State Board of Education shall distribute the administrative rules regarding student education records to all school districts. (2) School districts shall make those rules available to the public schools in the district and to the public. Statutory/Other Authority: ORS 326.565 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
581-021-0563 Approval of Restraint and Seclusion Training Programs for School Staff (1) The Department of Education shall approve training programs in restraint and seclusion that: (a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of restraint or seclusion; (b) Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; and (c) Are consistent with the philosophies, practices and techniques for restraint and seclusion that are established by rule or policy of the Department of Human Services. (2) A training program seeking approval must submit program materials that meet the expectations of subsection (1) of this rule in writing to the Oregon Department of Education. (3) Approved training programs remain in effect unless significant changes are made to the program. If significant changes are made, the training program must be re-submitted for approval. (4) The Oregon Department of Education must remove training programs from the approved list if they no longer meet the requirements specified in subsection (1) of this rule, or if they are found by the Oregon Department of Education to have violated any other laws. Statutory/Other Authority: ORS. 326.051 Statutes/Other Implemented: ORS 339.285 - 339.303 History: ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019 ODE 15-2014, f. & cert. ef. 3-4-14 ODE 13-2014, f. & cert. ef. 2-19-14 ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12
581-021-0566 Required Use of Approved Restraint and Seclusion Programs On or after July 1, 2012, a Public Education Program may only use training programs on restraint and seclusion that are approved by the Department of Education under OAR 581-021-0563. The Department of Education shall make the approved training list available to all Public Education Programs. Statutory/Other Authority: ORS. 326.051 Statutes/Other Implemented: ORS 339.285 - 339.303 History: ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019 ODE 15-2014, f. & cert. ef. 3-4-14 ODE 13-2014, f. & cert. ef. 2-19-14 ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12
581-021-0568 Standards for Seclusion Rooms (1) Beginning with the 2014–15 school year, public education programs must meet the following standards for the structural and physical requirements for rooms designated by the school to be used for seclusion: (a) Any wall that is part of the room used for seclusion must be part of the structural integrity of the room (not free standing cells or portable units attached to the existing wall or floor), and must be no less than 64 square feet; the distance between adjacent walls must be no less than 7 feet across. (b) The room must not be isolated from school staff of the facility; (c) Doors must be unlocked or equipped with immediate-release locking mechanisms; (d) The door must open outward and contain a port of shatterproof glass or plastic through which the entire room may be viewed from outside; half doors are acceptable options as well where direct visual monitoring can occur. (e) The room must contain no protruding, exposed, or sharp objects; (f) The room must contain no free standing furniture. (g) Windows must be transparent for both staff and the student to see in/out, and made of unbreakable or shatterproof glass or plastic. Non-shatterproof glass must be protected by adequate climb-proof screening; (h) There must be no exposed pipes or electrical wiring in the room. Electrical outlets must be permanently capped or covered with a metal shield secured by tamper-proof screws. The room must contain lights which must be recessed or covered with screening, safety glass or unbreakable plastic. Any cover, cap or shield must be secured by tamper-proof screws; (i) The room must meet State Fire Marshal fire, safety, and health standards. If sprinklers are installed, they must be recessed and/or covered with a cage. If pop-down type, sprinklers must have breakaway strength of less than 80 pounds. In lieu of sprinklers, combined smoke and heat detector must be used with similar protective design or installation; (j) The room must be ventilated; heating and cooling vents must be secure and out of reach; (k) The room must be designed and equipped in a manner that would not allow a child to climb up a wall; (l) Walls, floor and ceiling must be solidly and smoothly constructed, to be cleaned easily, and have no rough or jagged portions; and (m) Seclusion cells are prohibited as provided in OAR 581-021-0569. (2) These standards are first applicable on or after July 1, 2014. Statutory/Other Authority: 2013 OL Ch. 650 & Sec. 2 (Enrolled HB 2585) Statutes/Other Implemented: ORS 339.285 - 339.303 History: ODE 15-2014, f. & cert. ef. 3-4-14 ODE 13-2014, f. & cert. ef. 2-19-14
581-021-0569 Use of Seclusion Cells Prohibited (1) A public education program may not: (a) Purchase, build or otherwise take possession of a seclusion cell; or (b) Use a seclusion cell. (2) No later than July 1, 2013, a public education program shall ensure that all seclusion cells are removed from the classrooms of the public education program. (3) No later than September 1, 2013,a public education program shall ensure that all seclusion cells are removed from the premises of the public education program. (4) Notwithstanding the applicability date specified in OAR 581-021-0568 the prohibition on the use of seclusion cells under this rule is effective and applicable beginning on or after April 5, 2013. Statutory/Other Authority: ORS 339.308 Statutes/Other Implemented: ORS 339.285 - 339.308 History: ODE 15-2014, f. & cert. ef. 3-4-14 ODE 13-2014, f. & cert. ef. 2-19-14
581-021-0570 Complaint Procedures (1) An organization or an individual may file a complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0566. If the public education program is a school district, the organization or individual and the school district shall follow the school district’s complaint procedure established under OAR 581-022-2370. (2) A complainant may appeal a final decision by a school district to the Department of Education as provided in OAR 581-075-0001 to OAR 581-075-0045 by: (a) Mailing a complaint appeal to the Department of Education, or (b) Submitting a complaint appeal through the Department of Education's website. Statutory/Other Authority: ORS 339.303 Statutes/Other Implemented: ORS 339.285 - 339.303 History: ODE 42-2025, minor correction filed 06/26/2025, effective 06/26/2025 ODE 47-2024, minor correction filed 10/23/2024, effective 10/23/2024 ODE 146-2019, amend filed 10/24/2019, effective 10/24/2019 ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019 ODE 12-2017, f. 6-29-17, cert. ef. 7-1-17 ODE 15-2014, f. & cert. ef. 3-4-14 ODE 13-2014, f. & cert. ef. 2-19-14
581-021-0576 Definitions The following definitions apply to OAR 581-021-0576 to 581-021-0582: (1) “Community College Service Area” means a district formed under ORS Chapter 341 or, for school districts outside of a community college service area, it means an area determined pursuant to contract with a community college as determined by the office of Community Colleges and Workforce Development (CCWD). (2) "Full-Time Enrollment" in a community college is the registration and payment of required fees as a full-time student based on a minimum of 12 credit-hours per academic term. (3) “Legal residence for students” means: (a) Resident students as defined under ORS 339.133; (b) A student who has been admitted to a district under open enrollment under section 9, chapter 718, Oregon Laws 2011 retains residency for purposes of the post graduate scholar program even though they have graduated; and (c) A student who has been admitted to a district under interdistrict transfer if the receiving district extends the transfer agreement to allow for an additional year after the student meets the graduation requirements. (4) “Post-graduate scholar” means a student: (a) Who has been in grades 9-12 for more than a total of four school years; and (b) Has satisfied the requirements for a regular high school diploma as provided in ORS 329.451(2). (5) “Post-graduate scholar program” is a program that meets the requirements in SB1537. Statutory/Other Authority: Enrolled SB 1537 (2016) Statutes/Other Implemented: Enrolled SB 1537 (2016) History: ODE 39-2016, f. & cert. ef. 7-18-16
581-021-0578 School District Eligibility to Offer a Post Graduate Scholar Program School Districts are eligible to use state school funds for a post graduate scholar program if the following criteria are met: (1) School districts must have a written agreement with the community college that has a service area or contract within which the school district is located. (2) School districts have a policy approved by the school district board that: (a) Describes the goals of the program, including target high school graduation rates for underserved students; (b) Includes minimum requirements for grade point average, attendance, and participation in regular in-person meetings with school staff; (c) Contains an evaluation plan describing how the success of the program will be measured and monitored; and (d) Lists the courses of study that are approved by the school district for the post-graduate scholar program; and (3) The majority of students from the school district that are enrolled in courses at the community college meet at least one of the criteria identified below: (a) Is not a post-graduate scholar; (b) Has received a modified diploma, an extended diploma or a General Educational Development (GED) certificate; (c) Is or will be a first-generation graduate of high school; (d) Is, or has been, a child in a foster home; (e) Is, or has been, placed in a facility or an education program by a court; (f) Is homeless; (g) Is a parent; or (h) Was identified as eligible for free or reduced price lunches within the preceding 12 months. Statutory/Other Authority: Enrolled SB 1537 (2016) Statutes/Other Implemented: Enrolled SB 1537 (2016) History: ODE 39-2016, f. & cert. ef. 7-18-16
581-021-0579 Student Eligibility to Participate in a Post Graduate Scholar Program Students who are eligible to participate in a post graduate scholar programs must: (1) Have satisfied the requirements for a regular Oregon diploma as provided in ORS 329.451(2); (2) Have been in grades 9-12 for more than a total of four school years; (3) Enroll in courses that are part of a course of study approved by the school district and that may lead to a certificate or diploma through the district’s local community college or contract community college; (4) Have completed and submitted the Free Application for Federal Student aid (FAFSA), if eligible to file a FAFSA; (5) Be ineligible for an Oregon Promise grant as described in ORS 341.522 because of failure to earn the required minimum cumulative grade point average or because they submitted a complete application but did not receive a grant; (6) Be ineligible for a federal aid grant that is equal or greater than the average cost of tuition and fees at a community college as determined by the Department of Education in consultation with the executive director of the Office of Student and Access and Completion based on prior year’s tuition and fees; (7) Retain legal residence within the boundaries of the school district that is offering the post-graduate scholar program and through which the student satisfied the requirements for a high school diploma; and (8) Meet any school district requirements for participating in the post graduate scholars program. Statutory/Other Authority: Enrolled SB 1537 (2016) Statutes/Other Implemented: Enrolled SB 1537 (2016) History: ODE 39-2016, f. & cert. ef. 7-18-16
581-021-0580 Definitions The following definitions apply to OAR 581-021-0580 and 581-0021-0584: (1) “Assessment” means any of the measurements identified by the Department of Education and used to determine target language proficiency. (2) “Biliteracy” or “biliterate” means the ability to demonstrate proficiency in reading, writing, listening, and speaking in two languages. (3) “Multiliteracy” or “multiliterate” means the ability to demonstrate proficiency in reading, writing, listening, and speaking in three or more languages. (4) “Oregon State Seal of Biliteracy” means a seal issued by the Deputy Superintendent of Public Instruction, or their representative, that certifies a student is biliterate, as defined in this rule. (5) “Oregon State Seal of Multiliteracy” means a seal issued by the Deputy Superintendent of Public Instruction, or their representative, that certifies a student is multiliterate, as defined in this rule. (6) “Portfolio of evidence” means the body of work collected to determine target language proficiency. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 19-2022, amend filed 03/30/2022, effective 03/30/2022 ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022 ODE 28-2016, f. & cert. ef. 4-28-16
581-021-0582 Establishment (1) The State Seal of Biliteracy is established to recognize high school graduates who have attained a high level of proficiency in reading, writing, listening, and speaking in one or more World languages in addition to English. The State Seal of Biliteracy shall be awarded by the Superintendent of Public Instruction. School district participation in this program is voluntary. (2) The purposes of the State Seal of Biliteracy are as follows: (a) To encourage students to study languages. (b) To certify attainment of biliteracy. (c) To provide employers with a method of identifying people with language and biliteracy skills. (d) To provide post-secondary institutions with a method to recognize and give academic credit to applicants seeking admission. (e) To prepare students to be college and career ready. (f) To recognize and promote world language instruction in public schools. (g) To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 28-2016, f. & cert. ef. 4-28-16