Law / United States / 
Oregon
Oregon student education records: inspection, copy fees, amendment and hearing
OAR 581-021-0270, 581-021-0280, 581-021-0300 to 581-021-0320
In force.
A data subject rights rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Let a parent, an eligible student, or a representative a parent authorizes in writing inspect and review the student's education records, answer reasonable requests for explanations and interpretations, and comply within a reasonable time and in no case more than 45 days after the request (OAR 581-021-0270(1) to (3)).
- Do not charge a fee to search for or to retrieve a student's education records, and do not destroy any education records while a request to inspect and review them is outstanding (OAR 581-021-0280(3) and OAR 581-021-0270(5)).
- Decide within a reasonable time whether to amend a record a parent or eligible student says is inaccurate, misleading or in violation of the student's rights, and if you decline, tell them of the decision and of their right to a hearing (OAR 581-021-0300(2) and (3)).
- On request, hold a hearing within a reasonable time, before a decision-maker with no direct interest in the outcome, give notice of its date, time and place, let the parent or eligible student present evidence and be assisted or represented, and decide in writing on the evidence presented, with a summary of the evidence and the reasons (OAR 581-021-0310(1) and OAR 581-021-0320(1) to (6)).
- If the hearing shows the information is inaccurate, misleading or in violation of the student's rights, amend the record and tell the parent or eligible student in writing; if not, tell them they may place a statement in the record, keep it with the contested part and disclose it whenever that part is disclosed (OAR 581-021-0310(2) to (4)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The rules give a parent or eligible student the right to inspect and review records, set a deadline for the agency's reply, bar a search fee and require a hearing on a disputed record. A hearing and a reply deadline are rights of the parent or student. These provisions name no log of access, no audit and no reader of a record.
- Kind
- None
- As of
What this law does
OAR 581-021-0270 requires each educational agency or institution to permit a parent, an eligible student, or a representative whom a parent authorizes in writing to inspect and review the student's education records. The agency or institution must comply with a request for access to records within a reasonable period and in no case more than 45 days after it has received the request.
An educational agency or institution may not charge a fee to search for or to retrieve the education records of a student. An educational agency or institution must not destroy any education records while a request to inspect and review them is outstanding. An agency or institution that decides not to amend a record as a parent or eligible student asks must inform the parent or eligible student of its decision and of the right to a hearing.
On request, an educational agency or institution must give a parent or eligible student an opportunity for a hearing to challenge the content of the student's education records as inaccurate, misleading, or in violation of the privacy or other rights of the student.
If the hearing shows that the information is inaccurate, misleading, or otherwise in violation of the student's rights, the agency or institution must amend the record and inform the parent or eligible student of the amendment in writing. An agency or institution that places a statement in a student's education records after a hearing must keep it with the contested part of the record for as long as the record is maintained and disclose it whenever it discloses that part.
Under OAR 581-021-0320(6), the decision after the hearing 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.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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