Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 400 - EDUCATIONAL SERVICE DISTRICTS, SCHOOL DISTRICTS, AND INDIVIDUAL SCHOOL RECORDS › Section 166-400-0060 - Student Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Alternative School Referral Records
Records document referrals
					sent to alternative schools seeking placement of students whose public school
					attendance and/or disciplinary record has been unsatisfactory. Referral form
					indicates acceptance or non-acceptance of student in private alternative
					program; funding source; signatures of referring school principal and
					alternative program director; student name, age, date of birth, student number;
					and parent's name and address. Minimum retention: 3 years after school year in
					which records were created.
(2)
Student Athletic Activity Records
Records document student
					eligibility and participation in interscholastic competitive sports and
					athletic activities, athletic event and team publicity, and athletic events
					scheduling. Records may include but are not limited to parental consent forms;
					Oregon School Activities Association eligibility forms and reports; and related
					documentation and correspondence. Minimum retention: 5 years after school year
					in which records were created.
(3)
Attendance Records
Records document the attendance of students in
					school. Records may include but are not limited to teacher or school attendance
					register; classroom daily attendance sheet; weekly attendance and truancy
					records; excused and unexcused absence records; tardiness records; notes from
					parents/guardians; and related documentation. The attendance recorded on the
					Oregon Student Record is a summary of this information. SEE ALSO Oregon Student
					Record in this section. Minimum retention: 3 years after school year in which
					records were created.
(4)
Behavioral Records
, Major (Class/Group A) Records document major
					student behavioral infractions which result in the identification of students
					for suspensions or expulsions. Records may include but are not limited to
					psychological tests; personality tests; group or individual intelligence tests;
					individual education programs; physician statements; state or local government
					agency reports; and related correspondence and documentation. Minimum
					retention: Until student turns 21.
(5)
Behavioral Records
, Minor
					(Class/Group B) Records document minor student behavioral infractions which do
					not result in the identification of a student for suspension, expulsion, or
					special education services. Records may include but are not limited to minor
					behavioral referrals; records of conversations; parent notes regarding student
					behavior; written behavioral agreements; detention records; bus citations;
					functional behavior assessments; and related correspondence and documentation.
					Minimum retention: Until end of school year.
(6)
Child Abuse Reports Records
document suspected child abuse reported by school staff or faculty. Records may
					include but are not limited to notes and observations of the child, record of
					contact with the State Office for Services to Children and Families or law
					enforcement agency, and related documentation. Minimum retention: 3 years after
					school year in which records were created.
(7) Child Care Facility Residency Records
					Records document students who live or have lived in childcare facilities, which
					are licensed to provide care for five or more children. Records may include but
					are not limited to reports filed semi-annually with the Oregon Department of
					Education. Minimum retention: 3 years after school year in which records were
					created.
(8)
Certificate of
					Advanced Mastery (CAM) Records
Records document student progress to
					fulfilling the State requirements for awarding of a CAM certification. Records
					may include but are not limited to planning records, test results, work
					samples, and the CAM award. Minimum retention: Until student reaches age 21 or
					graduates, whichever is longer.
(9)
Certificate of Initial Mastery
					(CIM) Records
Records document student progress to fulfilling the State
					requirements for awarding of a CIM certification. Records may include but are
					not limited to planning records, test results, and the CIM award. Minimum
					retention: Until student reaches age 21 or graduates, whichever is longer.
(10)
Compensatory Education
					Programs Student Records
Records document the placement and
					participation of students in compensatory educational programs, which provide a
					variety of supplemental education services to children. Programs may or may not
					be all or partially funded from federal sources. Compensatory programs may
					include but are not limited to Children Living in Poverty, Migratory Children,
					Neglected and Delinquent Children, Bilingual Education, Native Children, Parent
					Involvement, and Civil Rights. Records may include but are not limited to
					background information, grade placement, instructional and cumulative service,
					student profile forms, placement evaluation forms, withdrawal records and
					related correspondence and documentation. Minimum retention: (a) Retain records
					that show compliance with all federal program requirements: 5 years after
					school year in which records were created (b) Retain all other records: 3 years
					after school year in which records were created.
(11)
Compulsory Attendance Excuse
					Records
Records document the formal excuse of a student under sixteen
					years of age from compulsory school attendance. Records may include but are not
					limited to names and addresses of student and parent or guardian; reason for
					request; academic information; recommendations and approval of school district;
					and related correspondence and documentation. Minimum retention: Until student
					reaches age 21 or graduates, whichever is longer.
(12)
Educational Programs Student
					Records
Records document the placement and participation of students in
					educational programs which provide a variety of education services to children.
					Programs may or may not be all or partially funded from federal sources.
					Educational programs may include but are not limited to Talented and Gifted,
					Alternative Learning, Early Childhood, Professional Technical Education,
					School-to-Work, Cooperative Work Experience, and Distance Learning. Records may
					include but are not limited to background information, grade placement,
					instructional and cumulative service, student profile forms, placement
					evaluation forms, and related correspondence and documentation. Minimum
					retention: (a)Records that show compliance with all federal program
					requirements: 5 years after school year in which records were created (b) Other
					records: 3 years after school year in which records were created.
(13)
Grade Records
Records
					document student progress and grades awarded by teachers, and serve as the
					basis for the student's official academic record. Records may include test,
					assignment, paper, and homework scores; and final grades for students. Records
					may include but are not limited to teacher grade books; grade confirmation
					reports; grade change records; final grade rosters; and related documentation.
					SEE ALSO Report Cards in this section. Minimum retention: 6 years after school
					year in which records were created.
(14)
Grade Reports
, Administrative Records document grades received by students in a variety of
					reports organized by school, class, special program, or other grouping which
					are used by staff and faculty. Records may include but are not limited to
					administrative reports, counselors' reports, teachers' reports, grade point
					average reports, failure reports, honor roll reports, supplemental grade
					reports, class lists, and other manual or computer produced reports. Minimum
					retention: 3 years after school year in which records were created.
(15)
Grievance Records
Records
					document grievances or complaints brought forward by students against the
					school, district, or ESD concerning student conduct and violations of student
					rights and responsibilities. Records may include but are not limited to notices
					of grievance; written description of the complaint; informal discussion notes;
					formal hearing notes (including audio tapes); summary of interviews with
					witnesses; final summary statements; resolution of grievance; appeals
					documentation; and related documentation and correspondence. Minimum retention:
					3 years after resolution.
(16)
Education Counseling Records
Records document the advice,
					assistance, evaluation, and educational planning provided for individual
					students by school guidance counselors. Records may include but are not limited
					to school performance and attitude; educational planning records; post-high
					school plans and career goals; college and scholarship applications records;
					letters of recommendation; list of honors and activities; information necessary
					for referral to social service agencies; correspondence; and related
					documentation. Minimum retention: 3 years after school year in which records
					were created.
(17)
High
					School Dual Program Student Records
Records document student
					participation in programs between community colleges and high schools which
					offer professional, technical, and other college courses to high school
					students for college credit. Records may include but are not limited to program
					approval records; application forms; course descriptions; examinations;
					competency evaluations and profiles; transmittal forms; registration forms; and
					related documentation and correspondence. Minimum retention: 3 years after
					school year in which records were created.
(18)
Home Schooling Records
Records document the basic educational career of a student being educated in a
					home school program. Records may include but are not limited to notification
					form or letter of intent to educate student at home; testing information; test
					results; census reports to the Oregon Department of Education; non-compliance
					notices; and related correspondence and documentation. SEE ALSO Oregon Student
					Record in this section. Minimum retention: 75 years after school year in which
					records were created.
(19)
Inter-District Transfer Agreement Records
Records document the
					application process for allowing a non-resident student to attend school out of
					district through an inter-district transfer agreement. Records may include but
					are not limited to procedures, administrative guidelines, inter-district
					transfer agreements, certificates of residency, and related correspondence and
					documentation. Minimum retention: 6 years after expiration.
(20)
Intervention Programs Student
					Records
Records document the assessment of students considered for
					referral to district-approved supplemental intervention programs and to
					determine appropriate follow-up actions. Programs may or may not be all or
					partially funded from federal sources. Programs may include but are not limited
					to Teen Parent, Alcohol and Drug Prevention, and Violence Prevention and
					Intervention. Records may include but are not limited to referrals, reports by
					assessment providers, consent forms, treatment and other reports, program class
					and support group attendance records, behavioral/discipline records, and
					related documentation and correspondence. Minimum retention: (a) Retain records
					that show compliance with all federal program requirements: 5 years after
					school year in which records were created (b) Retain all other records: 3 years
					after school year in which records were created.
(21)
Non-Resident Student
					Records
Records document attendance of non-resident students attending
					district-financed programs; non-resident dependent children; and other
					non-resident students for whom the district does not pay tuition. Records are
					used to report attendance to the Oregon Department of Education and to document
					reimbursement claims from the Oregon Basic School Support Fund. Records may
					include but are not limited to attendance reports; basic school support fund
					reports; and related documentation. Minimum retention: 3 years after school
					year in which records were created.
(22)
Parent-Teacher Conference
					Records
Records document a teacher's report to parents or guardians of
					student's progress prior to end of grading period and may indicate problem
					areas or areas in which student is excelling. Minimum retention: 3 years after
					school year in which records were created.
(23)
Parental/Custodial Delegation
					Records
Records document who has parental or custodial responsibility
					for a student. Records may include but are not limited to specification of
					rights or abridgment of rights for non-custodial parents; restraining orders
					and other court documents; informal documents signed by natural parent(s); and
					related correspondence and documentation. Minimum retention: Until student
					reaches age 21 or graduates, whichever is longer.
(24)
Personal/Locker Search
					Records
Records document searches of a student or student's locker.
					Records include student name, what was searched, when, what was found, and what
					report was made. Minimum retention: 3 years after school year in which records
					were created.
(25)
Psychological Guidance and Counseling Records
Records document
					student psychological health care responsibilities and activities performed by
					school or district health professionals or non-health staff. Records that are
					made or maintained separately and solely by a licensed health care professional
					who is not employed by the educational agency or institution, and are not used
					for education purposes of planning, are excluded from educational record
					provisions. See Oregon Department of Education student health record policies
					for further clarification. Minimum retention: Until student turns 21 or 5 years
					after last action.
(26)
Registration Records
Records document registration or enrollment
					of students in elementary, middle, and high school. Records may include but are
					not limited to enrollment applications registration forms completed annually by
					the parent or guardian for each student at the time of admittance to school.
					Information contained in the records generally include student name, address,
					date and place of birth; parent or guardian name and address; student
					demographic information such as race and language spoken at home; authorization
					for school to act in behalf of parent or guardian in case of emergency; class
					scheduling data; student assignments, such as lockers, counselors, and buses;
					and related correspondence and documentation. Registration information may be
					used to create student transcripts, attendance records, and to verify or
					determine residency status. Minimum retention: (a) Retain completed
					registrations 3 years after school year in which records were created (b)
					Retain incomplete/withdrawn registration records 3 years after school year in
					which records were created.
(27)
Report Cards Records
document the periodic report by a school
					about a student's social, emotional, and physical progress. Information
					includes but is not limited to full legal name of student; teacher's name; name
					and address of school; indication of attendance during reporting period;
					grades; and other related information. This information must be recorded on the
					Oregon Student Record by the beginning of the next school year. SEE ALSO Grade
					Records and Oregon Student Record in this section. Minimum retention: (a) If
					information has been recorded on Oregon Student Record: 6 years after school
					year in which records were created (b) If information has not been recorded on
					Oregon Student Record: 75 years.
(28)
Special Education Student Records
Records document students participating in special education programs
					and early intervention special education services. Records may include
					speech/hearing, academic, motor, occupational and/or physical therapy,
					vision/hearing, interdisciplinary team, and classroom observation reports;
					records relating to student behavior including psychological and social work
					reports; assessments obtained through other agencies; contact sheets; severity
					rating scales; test result records; physician's statements; parental consent
					records; educational program meeting records; request for hearing records;
					eligibility statements; individualized education plans (IEP); individualized
					family service plans (IFSP); and related correspondence and documentation.
					Minimum retention: (a) Records documenting speech pathology and physical
					therapy services: Until student reaches age 21 or 5 years after last seen,
					whichever is longer (b) ESD copies, if program at district level: Transfer
					records to home district after end of student participation (c) Readable
					photocopies of records necessary to document compliance with State and Federal
					audits retained by the former educational agency or institution when a student
					transfers out of district: 5 years after end of school year in which original
					record was created.
(29)
Student Health Records
Records document student health care
					responsibilities and activities performed by school or district health
					professionals or non-health staff. These records are maintained by the school
					nurse or another individual designated by the district to maintain confidential
					health information. Records may include but are not limited to medication
					administration records; records of nursing assessment and nursing care given in
					the school setting; School Health Management Plans prepared by the nurse for
					students with special health needs, medical records from outside health care
					providers and health care agencies; and psychological diagnostic test reports.
					Health information provided to Special Education for determining eligibility
					and IEP activity is maintained in the Special Education record and forwarded
					upon transfer of the student record. School nurse records are medical records
					subject to issues of confidentiality and exemption from disclosure per ORS
					192.496. Health record information is protected and should be treated as other
					student records. Records that are made or maintained separately and solely by a
					licensed health care professional who is not employed by the educational agency
					or institution, and are not used for education purposes of planning, are
					excluded from educational record provisions. See Oregon Department of Education
					student health record policies for further clarification. SEE ALSO Student
					Health Screening Records and Student Immunization Records in this section.
					Minimum retention: Until student reaches age 21 or graduates, whichever is
					longer.
(30)
Student Health
					Screening Records
Records document the health screening status of
					students and mandated certifications of health. Required health screening
					records include vision and hearing screening results; Certificate of
					Immunization Status; and Tuberculosis (TB) Clearance Certificate (if required
					by law according to the student's birth country). Records may also include but
					are not limited to communications related to health and safety and directed to
					the school from the parent/guardian or health care provider regarding the
					student's attendance, participation, or activities; communications which are
					directed to the school by health care providers; and documentation of first aid
					given, and instructions sent to parents/guardians regarding these screening and
					first aid events. These records are part of the Student Education Record and
					are transferred if the student transfers to a new district. See Oregon
					Department of Education student health record policies for further
					clarification. SEE ALSO Student Health Records and Student Immunization Records
					in this section. Minimum retention: Until student reaches age 21 or graduates,
					whichever is longer.
(31)
Student Immunization Records
Records document the immunization
					status of an individual student. Records include but are not limited to the
					Certificate of Immunization Status (CIS), which includes student identification
					information, vaccine history, and medical and religious exemptions, and records
					tracking susceptible for those students not yet completely immunized. Records
					must be retained as part of the Student Health Screening Record and are
					transferred if the student transfers to a new district. SEE ALSO Student Health
					Screening Records and Student Health Records in this section, and Immunization
					Records, Administrative in the Administrative Records section. Minimum
					retention: (a) Retain certificate of Immunization Status (CIS): Until student
					reaches age 21 or graduates whichever is longer (b) Retain immunization Status
					Records - Susceptible (Tracking Cards): Until student attendance ends.
(32)
Oregon Student
					Record
Records document a core set of information about an individual
					student (including a home-schooled student) and his/her educational career,
					birth through age 21. Records include name and address of the educational
					agency or institution; full legal name of the student; student's birth date and
					place of birth; name of parents/guardians; date of entry into the school; name
					of school previously attended; subjects taken; marks received; credits earned;
					attendance; date of withdrawal from school; social security number (as provided
					on a voluntary basis by parent or eligible student); and such additional
					information as the educational agency or institution may prescribe. Minimum
					retention: (a) Retain original: 75 years (b) Retain readable photocopy retained
					by the former educational agency or institution when a student transfers out of
					district: 1 year.
(33)
Transfer Application Records
Records document the authorization
					for transfer of students between schools within the district. Records may
					include but are not limited to applications for transfer which generally
					contain name and grade of student; reasons for transfer request; name of
					present school; name of school to which transfer is requested; authorizing
					signatures; and related correspondence and documentation. Minimum retention: 3
					years after school year in which records were created.
(34)
Truancy Records
Records
					document non-attendance or truancy of students in elementary, middle, or high
					schools. Records may include but are not limited to notices of non-attendance
					or truancy; staff reports; investigations; hearing records; suspension
					notifications; and related correspondence and documentation. Minimum retention:
					3 years after school year in which records were created.
(35)
Tutoring Records
Records
					document tutoring services provided to students. Records may include but are
					not limited to registration records, tutor training records, tutor personnel
					records, tutor class records, tutorial hours, and related documentation.
					Minimum retention: 3 years after school year in which records were created.
(36)
Withdrawal
					Records
Records document withdrawal from school by students between the
					ages of sixteen and eighteen by the mutual consent of parent or guardian and
					the school administration. Records may include but are not limited to
					withdrawal agreements which generally contain name and address of student and
					family; reason for request; student agreement not to loiter on school premises;
					agreement by staff to assist student with educational planning; and related
					correspondence and documentation. Records may also include withdrawal slips
					which assess student status at time of withdrawal and may include assessment of
					fees paid or refunded; status of textbooks, library materials, locks, and other
					materials used by the student; grades; attendance; and related documentation.
					Minimum retention: 3 years after school year in which records were created.
Stat. Auth.: ORS 192 & 357, Other Auth. Code of Federal
							Regulations Title 34
Stats. Implemented: ORS 192 &
							357