reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0072 - Registration of Private Alternative Programs/Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Sections of this rule apply to each
			 private alternative education program approved by a school district board on or
			 after July 1, 2007. For the purposes of this rule, the term "program" includes
			 "school."
(2) For the purposes of
			 ORS 336.635(1), all
			 private alternative education programs receiving public school funds must
			 comply with Private Alternative Education Standards established by the Oregon
			 State Board of Education. Before contracting with or receiving public funds
			 from any public school district, each private alternative program must register
			 with the Oregon Department of Education (ODE) under this rule and must have an
			 institution identification number assigned by the Department.
(3) New registration and renewal applications
			 must be received each year by a date to be determined by the Department.
			 Annually by March 1, the Oregon Department of Education will provide
			 registration renewal application forms to private alternative programs
			 registered with the Department.
(4)
			 Each private alternative education program must apply to the Department for
			 approval of registration renewal and the application for registration or
			 renewal of registration must include information or documentation as required
			 by the Department that the private alternative program meets:
(a) Local and state fire, safety, health and
			 occupancy codes and standards;
(b)
			 Health and safety standards and rules including, but not limited to, sanitation
			 and prevention of communicable disease;
(c) The requirements of:
(A) OAR 581-022-2225 (emergency plans and
			 safety programs);
(B) OAR
			 581-022-2230 (asbestos management plans);
(C) OAR 581-022-2220 (communicable
			 diseases);
(D) ORS
			 339.870 and OAR 581-021-0037
			 (administration of medications);
(E) OAR 437-002-1030 (Oregon Occupational
			 Safety and Health Division - blood borne pathogens);
(F) OAR 581-022-2220 (health
			 services);
(G) ORS
			 337.150,
			 339.141,
			 339.147 and
			 339.155 (tuition and
			 fees);
(H) ORS
			 181.539,
			 326.603,
			 326.607,
			 336.631, and
			 342.232 (criminal records
			 checks) for all subject individuals as defined in OAR 581-022-2430, including
			 private alternative school/program owner/operators who have direct,
			 unsupervised contact with students;
(I) ORS
			 433.235 through
			 433.284 and OAR 333-050-0010
			 through 333-050-0120 (immunization records and reports); and
(J) ORS
			 659.850 and
			 659.855(discrimination).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0073 - Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 registration applied for or issued under OAR 581-021-0072, Registration of
			 Private Alternative Programs/Schools, may be denied, suspended, or revoked or
			 renewal thereof denied, if:
(a) the private
			 alternative program/school fails to comply with the requirements of OAR
			 581-021-0072;
(b) the program or
			 its agents intentionally or knowingly make false, deceptive, inaccurate, or
			 misleading representations of fact in any oral, written, visual, or electronic
			 presentation in connection with the registration under OAR 581-021-0072;
			 or
(c) requested information is not
			 furnished when required.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0075 - Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School district
			 boards, or designated representatives, shall attempt to give widest possible
			 distribution to their rules of pupil conduct and discipline in order that
			 students may understand the expectations of the district.
(2) School districts shall make reasonable
			 attempts to give a copy of their current rules to each student, and a copy of
			 the current rules shall be posted in a prominent place in the schools of the
			 district.
(3) School districts
			 shall make these rules available to the general public upon request.
Stat. Auth.: ORS 339
Stats. Implemented: ORS
				  336.635
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0076 - Exemption from Compulsory Attendance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "School" means any public school,
			 education service district program, community college, college, university,
			 public alternative program, registered private alternative program, technical
			 or vocational school or training program, or being taught by a parent or
			 private teacher pursuant to ORS
			 339.035;
(b) "Semiannual" means prior to the next
			 vacation or reentry time in the school year but a minimum of two times per
			 year;
(c) "Full-time work" means
			 employment for 30 or more hours per week;
(d) "Full-time school" means attending an
			 educational program for a period of time defined as one FTE under OAR
			 581-023-0005; enrolling in a community college, college or university for a
			 minimum of 12 credit hours per term; receiving 20 hours of instruction per week
			 in a technical or vocational school or training program; or being taught an
			 equivalent period of time by a parent or private teacher pursuant to ORS
			 339.035;
(e) "Emancipated minor" means any child who
			 is an emancipated minor or who has initiated the procedure for emancipation
			 under ORS 109.550 to
			 109.565 (339.030(5));
(f) "Part-time work and part-time school"
			 means a combination of work/education activities equivalent to 30 hours per
			 week of involvement.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0077 - Compulsory Attendance Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions for purposes of this rule:
(a)
			 "Parent" means parent, guardian or other person having control of a minor child
			 who has not completed the 12th grade or is not otherwise legally exempt from
			 compulsory attendance under ORS
			 339.030.
(b) "Student" means a minor between the ages
			 of 6 and 18 who has not completed the 12th grade, and who is not exempt from
			 compulsory attendance under ORS
			 339.030.
(c) "Superintendent" means the superintendent
			 of a public school district or the superintendent's designee.
(d) "Attendance supervisor" means an official
			 appointed under ORS 339.040.
(e) "Regular attendance" means attendance
			 which does not include more than eight unexcused one-half day absences, or the
			 equivalent thereof, in any four-week period in which the school is in
			 session.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0081 - Student Absences

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions for the purpose of this rule:
(a)
			 "Family member or Caregiver" means a family member or caregiver responsible for
			 and appointed to represent a student.
(b) "Student" means a minor between the ages
			 of 6 and 18 who has not completed the 12th grade, and who is not exempt from
			 compulsory attendance under ORS
			 339.030.
(c) "Eligible Student" means a student who
			 has reached 18 years of age, a legally emancipated student, or a student who is
			 attending only an institution of postsecondary education and is not enrolled in
			 a secondary school.
(d) "Excused
			 absence" means an absence from school as allowed in ORS
			 339.065.
(e) "Mental or behavioral health absence"
			 means an absence taken by a student to promote their mental and behavioral
			 health as stated by the family member or caregiver.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0100 - School Traffic Patrols

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 School traffic patrols will be operated in accordance with the guidelines
			 described in the
Oregon Traffic Patrol Manual
published by the
			 Oregon Department of Education.
(2)
			 Upon a school district request, staff assigned to the School Traffic Patrol
			 Program will distribute equipment supplied by the Oregon Highway Division;
			 staff will also provide help for existing patrols, and help establish and train
			 new patrols.
(3) A school district
			 may request that section (1) of this rule be waived and that the district be
			 allowed to operate a school traffic patrol in accordance with district
			 guidelines. The State Superintendent of Public Instruction may approve such a
			 waiver upon submission of evidence that by following district guidelines,
			 school traffic patrols can be operated as efficiently and with no reduction in
			 student safety as compared to guidelines in
Oregon Traffic Patrol
			 Manual
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 336
Stats. Implemented: ORS
				  339.660
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0110 - Tobacco Free Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purpose of this rule "tobacco" is defined to include any lighted or unlighted
			 cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product,
			 and spit tobacco, also known as smokeless, dip, chew, and snuff, in any
			 form.
(2) No student, staff member,
			 or school visitor is permitted to smoke, inhale, dip, or chew or sell tobacco
			 at any time, including non-school hours
(a)
			 In any building, facility, or vehicle owned, leased, rented, or chartered by
			 the school district, school, or public charter school; or
(b) On school grounds, athletic grounds, or
			 parking lots.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0200 - Standard Education for Oregon Students

Current through Register Vol. 63, No. 7, July 1, 2024
A Standard Education for Oregon Students is comprised
				of:
(1) Common Curriculum Goals. The
			 Common Curriculum Goals consist of:
(a)
			 Essential Learning Skills. The Essential Learning Skills are those skills
			 essential to learning and necessary for understanding in the subject matter
			 areas. The skills are: Reading, writing, speaking, listening, mathematics,
			 reasoning and study skills;
(b)
			 Common Knowledge and Skills. The Common Knowledge and Skills consists of facts,
			 concepts, principles, rules, procedures and methods of inquiry associated with
			 the following subject matter areas:
(A)
			 Language Arts;
(B)
			 Mathematics;
(C) Health
			 Education;
(D) Science
			 Education;
(E) Physical
			 Education;
(F) Social
			 Studies;
(G) Music;
(H) Art;
(I) Personal Finance;
(J) Second Language and Culture
			 (proposed);
(K) Career
			 Education.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0210 - Evaluating Student Transcripts

Current through Register Vol. 63, No. 7, July 1, 2024
When evaluating student transcripts, the school district
				shall:
(1) Accept credits and
			 attendance completed in educational programs in this state as if they had been
			 earned in the enrolling district consistent with OAR 581-022-2025;
(2) As used in this rule, "educational
			 programs in this state" means an educational program that is:
(a) Provided by a school district, a public
			 charter school, an education service district, the Youth Corrections Education
			 Program, or the Juvenile Detention Education Program in Oregon; or
(b) Funded as provided by ORS
			 343.243 for students in a long
			 term care or treatment facility described in ORS
			 343.961 or a hospital identified
			 in ORS 343.261;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0220 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 581-021-0220 through 581-021-0440, the following
				definitions apply:
(1) "Attendance"
			 includes, but is not limited to:
(a)
			 Attendance in person or by correspondence; and
(b) The period during which a person is
			 working under a work-study program.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0225 - Records of Law Enforcement Units

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Law enforcement unit" means any
			 individual, office, department, division, or other component of an educational
			 agency or institution, such as a unit of commissioned police officers or
			 noncommissioned security guards, that is officially authorized or designated by
			 that agency or institution to:
(a) Enforce
			 any local, state, or federal law, or refer to appropriate authorities a matter
			 for enforcement of any local, state, or federal law against any individual or
			 organization other than the agency or institution itself; or
(b) Maintain the physical security and safety
			 of the agency or institution.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0230 - The Rights of Parents

Current through Register Vol. 63, No. 7, July 1, 2024
An educational agency or institution shall give full rights
				under OAR 581-021-0220 through 581-021-0420 to either parent, unless the agency
				or institution has been provided with evidence that there is a court order,
				state statute, or legally binding document relating to such matters as divorce,
				separation, or custody that specifically revokes these
				rights.
Stat. Auth.: ORS
				  326.565 &
				  34 CFR §
											99.4
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0240 - The Rights of Eligible Students

Current through Register Vol. 63, No. 7, July 1, 2024
When a student becomes an eligible student, the rights accorded
				to, and consent required of, parents under OAR 581-021-0220 through
				581-021-0420 transfer from the parents to the student. Nothing prevents
				educational agencies or institutions from giving students rights in addition to
				those given to parents.
Stat. Auth.: ORS
				  326.565 &
				  34 CFR §
											99.5
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0255 - Transfer of Student Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 photocopies 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0260 - An Educational Agency or Institution's Annual Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0265 - Confidentiality of Student Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055, 34 CFR Sec 99.7
Stats. Implemented: ORS
				  343.045,
				  343.155
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0270 - Rights of Inspection and Review of Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0280 - Fees for Copies of Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  192.410 - ORS
				  192.505, ORS
				  326.565 &
				  34 CFR §
											99.11
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0290 - Limitations on the Right to Inspect and Review Records

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  326.565 &
				  34 CFR §
											99.12
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0300 - A Parent or Eligible Student's Request for Amendment of a Student's Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.565 &
				  34 CFR §
											99.20
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0310 - Right to a Hearing to Challenge Content

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0320 - Minimum Requirements for the Conduct of a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  326.565 &
				  34 CFR §
											99.22
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0330 - Prior Consent to Disclose Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0340 - Exceptions to Prior Consent

Current through Register Vol. 63, No. 7, July 1, 2024
An educational agency or institution may disclose personally
				identifiable information from an education record of a student without the
				consent required by OAR 581-021-0330 if the disclosure meets one or more of the
				following conditions:
(1) The
			 disclosure is to school board members during executive session pursuant to ORS
			 332.061, or to other school
			 officials and teachers within the educational agency whom the agency or
			 institution has determined to have legitimate educational interests.
(2) The disclosure is to officials of another
			 school, school system, institution of postsecondary education, education
			 service district, state regional program, or other educational agency that has
			 requested the records and in which the student seeks or intends to enroll, or
			 is enrolled in or receives services from the other agency or institution. The
			 term "receives services" includes, but is not limited to, an evaluation or
			 re-evaluation for purposes of determining whether a student has a
			 disability.
(3) The disclosure is,
			 subject to the requirements of OAR 581-021-0370, to authorized representatives
			 of:
(a) The Comptroller General of the United
			 States;
(b) The Secretary of the
			 U.S. Department of Education;
(c)
			 State and local educational authorities; or
(d) The Oregon Secretary of State's Audit
			 Division.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0350 - Limitations on the Redisclosure of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0360 - Conditions for the Disclosure of Information to Other Educational Agencies or Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0370 - Conditions for the Disclosure of Information for Federal or State Program Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0371 - Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
The educational agency or institution may disclose information
				under this section only if the agency or institution makes a reasonable effort
				to notify the parent or eligible student of the order or subpoena in advance of
				compliance, so that the parent or eligible student may seek protective action
				except as provided below.
(1)
			 Conditions when no notice required:
(2) The educational agency or institution may
			 disclose information under this section without notice to the parent or
			 eligible student 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0372 - Conditions for the Disclosure of Information When Legal Action Initiated

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.565 & 34 CFR ¦
				  99.31
Stats. Implemented: ORS
				  326.56
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0380 - Conditions for the Disclosure of Information in Health and Safety Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0390 - Conditions for the Disclosure of Directory Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0391 - Conditions for the Disclosure of Information to Juvenile Justice Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  326.565,
				  336.187 & 34 CFR ¦
				  99.
Stats. Implemented: ORS
				  326.56
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0400 - Recordkeeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0410 - Filing a Federal Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.565 & 34 CFR ¦
				  99.63 & 99.64
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0420 - Civil Action

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  30.864 & ORS
				  326.565
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0430 - The Distribution of Rules Relating to Student Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.565
Stats. Implemented: ORS
				  326.565
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0505 - Radio Frequency Identification Device Policy for Student

Current through Register Vol. 63, No. 7, July 1, 2024
Any school district that plans to use a Radio Frequency
				Identification Device (RFID) for the purpose of locating or tracking a student
				or taking student attendance shall adopt a policy regarding the use of RFID.
				The policy shall incorporate the standards outlined in this rule.
(1) Privacy and security standards:
(a) No personally identifiable information
			 may be stored on the RFID;
(b) The
			 RFID may not have a readable range of more than 10 feet;
(c) All data collected as part of a RFID
			 program shall be considered part of the student record and shall be retained in
			 accordance with state and federal student record laws and data privacy and
			 security standards;
(d) Data
			 collected as part of a RFID program shall be retained for no more than 72
			 hours, except records for the purpose of taking attendance; and
(e) RFID reader locations must be
			 conspicuously marked.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0510 - Fingerprinting: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 581-021-0510 through 581-021-0512, the following
				definitions apply:
(1)
(a) "Conviction" means:
(A) Any adjudication in any criminal court of
			 law, in this state or in any other jurisdiction, finding the individual
			 committed a crime. A crime is an offense for which a sentence of imprisonment
			 is authorized.
(B) Any adjudication
			 in a juvenile proceeding, in this state or in any other jurisdiction,
			 determining that the individual committed an offense, which if done by an
			 adult, would constitute a crime listed in ORS
			 342.143.
(C) Any conduct which resulted in mandatory
			 registration reporting as a sex offender in this state or any other
			 jurisdiction or current requirement to register as a sex offender. A later
			 court order or other action relieving the individual of the sex offender
			 registration/reporting requirement does not affect the status of the conduct as
			 a conviction for purposes of this rule.
(D) Any plea of guilty, no contest or nolo
			 contendere in connection with a crime, in this state or in any other
			 jurisdiction.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0511 - Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts shall adopt and implement local board policy related to fingerprint
			 collection and processing which shall:
(a)
			 Specify that subject individuals as defined by this rule are subject to
			 fingerprinting and criminal records checks required by law;
(b) Specify which contractors will be
			 considered to have unsupervised access to children and are subject to
			 fingerprinting and criminal records checks required by law;
(c) Specify the format used to notify subject
			 individuals that fingerprinting and criminal record checks are required by law
			 and that any action resulting from those checks may be appealed as a contested
			 case;
(d) Provide a clear statement
			 that the district will terminate the employee, if it receives notification by
			 the Superintendent of Public Instruction that the person has a conviction for
			 any of the crimes prohibiting employment that are identified under section (8)
			 of this rule;
(e) Provide a clear
			 statement that the district may terminate the employee, if it receives
			 notification by the Superintendent of Public Instruction that the person has
			 knowingly made a false statement as to the conviction of any crime;
(f) Specify that subject individuals may
			 begin to carry out terms of a contract or employment on a probationary basis
			 pending the return of state and national criminal records checks;
(g) Identify that employment shall be offered
			 prior to collecting fingerprint information and that fees may be collected from
			 the subject individual. The subject individual may request that the amount of
			 the fee be withheld from the amount otherwise due the individual, and the
			 school district shall withhold the amount only upon the request of the subject
			 individual; and
(h) Identify a
			 procedure that ensures the integrity of fingerprint collection and will prevent
			 any possible compromise of the process.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0512 - Non-employment criminal background checks for school districts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts that have volunteers that have direct unsupervised contact with
			 students shall have a policy requiring those volunteers to undergo a criminal
			 records check.
(2) State criminal
			 records check based on name and DOB:
(a) A
			 school district may submit a request to the Oregon Department of Education for
			 an in-state criminal records check in LEDS based on name and DOB on any
			 volunteer.
(b) State criminal
			 records check requests made under this section shall:
(A) Use forms provided by the Oregon
			 Department of Education;
(B)
			 Include an authorization from the volunteer for the Oregon Department of
			 Education to perform a criminal records check; and
(C) Include payment of the processing fee of
			 $5 per person to be checked.