Law / United States / 
Oregon
Oregon student education records: prior consent, exceptions and redisclosure limits
OAR 581-021-0330, 581-021-0340, 581-021-0350
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- Obtain a signed and dated written consent from the parent or eligible student, specifying the records to be disclosed, the purpose and the party or class of parties, before you disclose personally identifiable information from a student's education records, unless an exception in OAR 581-021-0340 applies; a record and signature in electronic form that identifies and authenticates the person and indicates approval counts (OAR 581-021-0330(1) to (3)).
- Obtain a parent's consent before personally identifiable information about a child enrolled or going to enroll in a private school outside the child's resident school district is released between officials of the district where the private school is located and the resident district (OAR 581-021-0330(4)).
- Disclose without consent only where the disclosure meets one of the conditions in OAR 581-021-0340, such as a disclosure to school officials and teachers with a legitimate educational interest or to officials of a school where the student seeks or intends to enroll, is enrolled or receives services (OAR 581-021-0340(1) and (2)).
- Disclose personally identifiable information from an education record only on the condition that the receiving party will not disclose it to any other party without the prior consent of the parent or eligible student, and tell the receiving party of that requirement where it applies (OAR 581-021-0350(1) and (4)).
- If the Family Policy Compliance Office finds that a third party improperly redisclosed personally identifiable information from education records, do not allow that third party access to such information for at least five years (OAR 581-021-0350(5)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The rules require written consent before personally identifiable information from an education record is disclosed, list the conditions that excuse it and limit redisclosure by the recipient. They name no log in these provisions; the separate record-of-disclosures duty is OAR 581-021-0400, which is its own row.
- Kind
- None
- As of
What this law does
Before an educational agency or institution discloses personally identifiable information from a student's education records, OAR 581-021-0330 requires a signed and dated written consent from the parent or eligible student, except as OAR 581-021-0340 provides. The written consent must specify the records that may be disclosed, state the purpose of the disclosure and identify the party or class of parties to whom the disclosure may be made.
Parent consent is required before any personally identifiable information about a child who is enrolled or going to enroll in a private school outside the child's resident school district is released between officials of the district where the private school is located and the resident district.
Under OAR 581-021-0340, an educational agency or institution may disclose personally identifiable information from a student's education record without that consent if the disclosure meets one or more of the conditions the rule lists. One listed condition is a disclosure to other school officials and teachers within the educational agency whom the agency or institution has determined to have legitimate educational interests.
Another listed condition is a disclosure to officials of another school or educational agency that has requested the records and in which the student seeks or intends to enroll, or is enrolled or receives services.
Under OAR 581-021-0350(1), an educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party receiving it will not disclose it 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 OAR 581-021-0350 may use the information only for the purposes for which the disclosure was made.
When applicable, an educational agency or institution must inform a party to whom disclosure is made of the redisclosure requirements of OAR 581-021-0350. If the Family Policy Compliance Office determines that a third party improperly rediscloses personally identifiable information from education records in violation of OAR 581-021-0350(1), the educational agency or institution may not allow that third party access to such information for at least five years.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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