Law / United States / 
Oregon
Oregon student education records: notice and conditions for disclosure to other schools, for program audits and of directory information
OAR 581-021-0360, 581-021-0370, 581-021-0390
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Disclosure, Retention
- Audit expectation
- none
What it requires
- When you disclose a student's education record under OAR 581-021-0340(2) to officials of another school or school system where the student seeks or intends to enroll, annually notify parents or eligible students that you forward education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request (OAR 581-021-0360(1)(a)).
- Make a reasonable attempt to notify the parent or eligible student at the last known address of that disclosure, unless the parent or eligible student initiated it or your annual notification says that you forward education records to other agencies or institutions that have requested them and in which the student seeks or intends to enroll (OAR 581-021-0360(1)).
- On request, give the parent or eligible student a copy of the record that was disclosed to the other school and an opportunity for a hearing (OAR 581-021-0360(1)).
- If you are an official listed in OAR 581-021-0340(3) (an authorized representative of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, a state or local educational authority or the Oregon Secretary of State's Audit Division) and collect information from education records for an audit or evaluation of federal or state supported education programs, protect it so that no one except those officials can personally identify individuals, and destroy it when it is no longer needed for those purposes, unless the parent or eligible student gave written consent or state or federal law specifically authorizes the collection (OAR 581-021-0370(2) and (3)).
- Disclose directory information only after giving annual public notice, to parents of students in attendance and eligible students in attendance, of the types of information you designate as directory information, the right to refuse that designation, and the period of time within which a parent or eligible student must notify you in writing (OAR 581-021-0390(1)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The rules require notice to parents and eligible students about forwarding records and about directory information, and require protection and destruction of program-audit data. They name no log in these provisions; the record-of-disclosures duty is OAR 581-021-0400, which is its own row.
- Kind
- None
- As of
What this law does
Under OAR 581-021-0360(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 must 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.
It must make a reasonable attempt to notify the parent or eligible student at the last known address, unless the parent or eligible student initiated the disclosure or its annual notification says that it forwards education records to other agencies or institutions that have requested them and in which the student seeks or intends to enroll. On request it must give the parent or eligible student a copy of the record that was disclosed and an opportunity for a hearing.
Under OAR 581-021-0370, the officials listed in OAR 581-021-0340(3) have access to education records in connection with an audit or evaluation of federal or state supported education programs, and the information collected must be protected in a manner that does not permit personal identification of individuals by anyone except those officials and must be destroyed when no longer needed for those purposes.
Those protection and destruction duties do not apply if the parent or eligible student has given written consent for the disclosure or the collection of personally identifiable information is specifically authorized by state or federal law.
Under OAR 581-021-0390(1), an educational agency or institution may disclose directory information only if it has given annual public notice to parents of students in attendance and eligible students in attendance of the types of personally identifiable information it has designated as directory information, the right of a parent or eligible student to refuse to let it designate any or all of those types as directory information, and the period of time within which the parent or eligible student has to notify it in writing that he or she does not want any or all of those types designated.
Under OAR 581-021-0390(2), it may disclose directory information about former students without meeting those conditions.
Under OAR 581-021-0220(5), an educational agency or institution is any public or private school, education service district, state institution, private agency or youth care center providing educational services to students birth through age 21, and through Grade 12, that receives federal or state funds either directly or by contract or subcontract with the Department under any program administered by the U.S. Secretary of Education or the Department.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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