Student Records

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_589/589_004.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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HIGHER EDUCATION COORDINATING COMMISSION

OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT





 

DIVISION 4
STUDENT RECORDS

589-004-0100
Definitions
As used in OAR 589-004-0100 through 589-004-0750,
the following definitions apply:
(1) "Directory Information"
means information contained in an education record of a student which would not
generally be considered harmful or an invasion of privacy if disclosed. Directory
information may include, but is not limited to, the student's name, address, telephone
number, date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of athletic teams,
dates of attendance, degrees and awards received, and the most recent previous educational
institution attended. Each college shall determine what information is designated
"directory information."
(2) "Disclosure" means to permit
access to or the release, transfer, or other communication of education records,
or the personally identifiable information contained in those records, including
social security number, to any party, by any means, including oral, written, or
electronic means.
(3) "Education Records":
(a) The term means those records
that are directly related to a student and maintained by a community college or
by a party acting for the community college;
(b) The term does not include:
(A) Records of instructional,
supervisory and administrative personnel and educational personnel ancillary to
those persons that are kept in the sole possession of the maker of the record, and
are not accessible or revealed to any other person except a temporary substitute
for the maker of the record;
(B) Records of a law enforcement
unit of a community college;
(C) Records relating to an individual
who is employed by a community college, that are made and maintained in the normal
course of business, that relate exclusively to the individual in that individual's
capacity as an employee and that are not available for use for any other purposes.
Records relating to an individual in attendance at the college who is employed as
a result of his or her status as a student are education records and are not excepted
under this subsection;
(D) Faculty records, relating
to personal matters of faculty members such as conduct, personal and academic evaluations,
and disciplinary actions;
(E) Records on a student who
is attending a community college that are:
(i) Made or maintained by a
physician, psychiatrist, psychologist or other recognized professional or other
recognized professional or paraprofessional acting in his or her professional capacity
or assisting in a paraprofessional capacity;
(ii) Made, maintained, or used
only in connection with treatment of the student; and
(iii) Disclosed only to individuals
providing the treatment. For the purpose of this definition, "treatment" does not
include remedial educational activities or activities that are part of the program
of instruction at the college.
(F) Records that only contain
information relating to activities in which an individual engaged after he or she
is no longer a student at that community college;
(G) Medical or nursing records
which are made or maintained separately and solely by a licensed health care professional
and which are not used for education purposes or planning.
(4) "Oregon Community College
Unified Reporting System (OCCURS)" describes an informal consortium of community
colleges, the Office of Community Colleges and Workforce Development and the Oregon
Community College Association, acting together to provide standard data and reporting
formats necessary to improve community college programs, evaluate program effectiveness,
and report to various governing bodies and agencies. OCCURS staff and committees
acting in support of OCCURS are agents of the consortium members for the purposes
of OAR 589-004-0150 through 589-004-0750.
(5) "Party" means an individual,
agency, institution, or organization.
(6) "Personally Identifiable
Information" includes, but is not limited to:
(a) The student's name;
(b) The name of the student's
parent, children, spouse or other family members;
(c) The address of the student
or the student's family;
(d) The telephone number of
the student or the student's family;
(e) A photograph of the student;
(f) A personal identifier, such
as the student's social security number or student number;
(g) A list of personal characteristics
that would make the student's identity easily traceable; or
(h) Other information that would
make the student's identity easily traceable.
(7) "Record" means any information
recorded in any way, including but not limited to handwritten, printed, taped, filmed,
microfilmed, microfiched, electronically and/or digitally recorded.
(8) "Student" means any individual
who is or has been in attendance at an Oregon community college and regarding whom
the college maintains education records.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0410;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0150
Applicability of Student Record Rules
OAR 589-004-0150 through 589-004-0750 apply
to records of students enrolled in Oregon community colleges, including students
who have not reached 18 years of age.
Stat. Auth.: ORS 326.015, 341.105 &
341.290(17)


Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0400;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0200
Student Record Policies to be Adopted
by a Community College Board of Education
(1) Each community college shall adopt
a policy regarding how the college meets the requirements of OAR 589-004-0150 through
589-004-0750. The policy shall include:
(a) How the agency or institution
informs students of their rights, in accordance with these rules;
(b) How a student may inspect
and review education records under OAR 589-004-0250, including at least:
(A) The procedure the student
must follow to inspect and review the records;
(B) With an understanding that
it may not deny access to education records, a description of the circumstances
in which the agency or institution believes it has a legitimate cause to deny a
request for a copy of those records;
(C) A schedule of fees, if any,
to be charged for copies; and
(D) A list of the types and
locations of education records maintained by the agency or institution, and the
titles and addresses of the officials responsible for the records.
(c) How a college notifies students
about information requirements, including the use of social security numbers, in
relation to the extension of credit in the form of student loans and deferred tuition
payments in accordance with OAR 589-004-0400(6);
(d) A statement that personally
identifiable information will not be released from an education record without the
prior consent of the student, except under one or more of the conditions described
in OAR 589-004-0500;
(e) A statement indicating whether
the community college has a policy of disclosing personally identifiable information
under OAR 589-004-0500, and if so, a specification of the criteria for determining
which parties are education officials and what the college considers to be a legitimate
educational interest;
(f) A statement that a record
of disclosures will be maintained as required by OAR 589-004-0750, and that a student
may inspect and review that record;
(g) A specification of the types
of personally identifiable information the college has designated as directory information;
(h) A statement that the college
permits a student to request correction of the student's educational records and
to amend that record under OAR 589-004-0250, and to obtain a hearing under OAR 589-004-0350;
(i) A statement regarding the
college's policy on maintaining permanent records on students. Permanent records
may, but need not, include the:
(A) Name of college;
(B) Full name of student;
(C) Student birth date;
(D) Date of entry into the college;
(E) Name of school or college
previously attended;
(F) Subjects taken;
(G) Assessment of student work
in those subjects;
(H) Credits earned;
(I) Date of withdrawal from
college;
(J) Social security number,
subject to subsection (1)(i) of this rule and OAR 589-004-0400; and
(K) Such additional information
as the college may prescribe;
(j) A statement that the college
will request the social security number of a student and will include the social
security number on the permanent student record only if the student agrees to the
request, under conditions described in OAR 589-004-0400;
(k) A statement that the college
provides for the retention of permanent records in a manner secure from accidental
destruction or intentional tampering;
(l) A statement that the college
maintains records of disclosure of student information in accordance with OAR 589-004-0750;
and
(m) A statement that upon receipt
of a request for the transfer of education records from another school or institution
of postsecondary education where the student intends to enroll, the college shall:
(A) Make a reasonable effort
to notify the student at the student's last known address, unless the disclosure
was either initiated by the student or the college has a policy that includes a
notice as prescribed under subsection (a) of this section that the college will
forward education records without prior notice to another school or institution
of postsecondary education where the student intends to enroll; and
(B) Give the student, upon request,
a copy of the records as provided under OAR 589-004-0250 and the opportunity to
request a hearing as provided under OAR 589-004-0350.
(2) Each community college shall
adopt a policy regarding the disclosure of directory information.
(3) A college may disclose directory
information if it has given public notice to students in attendance at the college
of:
(a) The types of personally
identifiable information that the college has designated as directory information;
(b) A student's right to refuse
to let the college designate any or all of those types of information about the
student as directory information; and
(c) The period of time within
which a student has to notify the college in writing that he or she does not want
any or all of those types of information about the student designated as directory
information.
(4) A college may disclose directory
information about former students without meeting the conditions in section (3)
of this rule.
(5) The policy shall be adopted
by the college's Board of Education, and a copy shall be available on request to
students.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0420;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0250
Rights of Inspection, Review, and
Amendment
(1) Except as limited under section (7)
of this rule, each college shall permit a student to inspect and review the education
records of that student.
(2) The college shall comply
with a request for access to records within a reasonable period of time, but in
no case more than 45 days after it has received the request.
(3) The college shall respond
to reasonable requests for explanations and interpretations of the records.
(4) If a student so requests,
the college shall give the student a copy of the student's education records pursuant
to ORS 192.440, except that no copy of test protocols, test questions and answers,
and other documents described in ORS 192.501(4) shall be provided unless required
by federal law.
(5) The college shall not destroy
any education records if there is an outstanding request to inspect and review the
records under this section.
(6) While a college is not required
to give a student access to treatment records under the definition of "education
records" in OAR 589-004-0100(3)(b)(E), the student may, at his or her expense, have
those records reviewed by a physician or other appropriate professional of the student's
choice.
(7) If the education records
of a student contain information on more than one student, the student may inspect,
review or be informed of only the specific information about that student.
(8) A college does not have
to permit a student to inspect and review the following records:
(a) Financial records of the
student's parents;
(b) Confidential letters and
statements of recommendation if the student has waived his or her right to inspect
the letters and statements under the procedure in 34 CFR, Section 99.12(b)(3).
(9) If a 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 college to amend the record.
(10) The college shall decide
whether to amend the record as requested within a reasonable time after the college
receives the request.
(11) If the college decides
not to amend the record as requested, it shall inform the student of its decision
and of his or her right to a hearing under OAR 589-004-0350.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 326.051,
341.015 & 341.290(17)
Stats. Implemented: ORS 192.440,
192.501(4) & 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0430;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0300
Fees for Copies of Education Records
(1) Educational records are public records
under ORS 192.410 through 192.505 for purposes of charging fees.
(2) Unless the imposition of
a fee effectively prevents a student from exercising the right to inspect and review
the student's education records, a college may charge a fee for a copy of an educational
record that is made for the student subject to section (3) of this rule.
(3) Notwithstanding ORS 192.440(3),
a college may not charge the student a fee to search for or to retrieve the education
records of the student. Such fees may be charged to persons who are not students,
including persons seeking education records pursuant to a subpoena.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 192.440
& 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0440;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0350
Right to a Hearing to Challenge Content
and Conduct of a Hearing
(1) A college shall give a 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 college 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 student of the
amendment in writing.
(3) If, as a result of the hearing,
the college decides that the information in the education record is not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the student,
it shall inform the student of the right to place a statement in the hearing record
commenting on the contested information in the record or stating why he or she disagrees
with the decision of the college, or both.
(4) If a college places a statement
in the record of the hearing under section (3) of this rule, the college shall:
(a) Maintain the statement with
the contested part of the record for as long as the record is maintained; and
(b) Disclose the statement whenever
it discloses the portion of the record to which the statement relates;
(c) Electronic student records
shall be flagged to indicate a contested case hearing record exists.
(5) The hearing required by
section (1) of this rule must meet at a minimum the following requirements:
(a) The college shall hold the
hearing within a reasonable time after it has received the request for the hearing
from the student;
(b) The college shall give the
student notice of the date, time, and place reasonably in advance of the hearing;
(c) The hearing may be conducted
by any individual, including an official of the college, who does not have a direct
interest in the outcome of the hearing;
(d) The college shall give the
student a full and fair opportunity to present evidence relevant to the issues raised
under this rule. The student may, at his or her own expense, be assisted or represented
by one or more individuals of his or her own choice, including an attorney;
(e) The college shall make its
decision in writing within a reasonable period of time after the hearing;
(f) 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 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0450;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0400
Student Release of Social Security
Numbers
(1) Community colleges are required to
request that students release their social security numbers for the purposes of
record-keeping and research. The request made to the student shall notify the student
that:
(a) Release of the social security
number is voluntary;
(b) Request for release is made
under the authority of ORS 341.290(17); and
(c) Specific uses will be made
of the social security number. Those specific uses must be described in the notification.
(2) The request to a student
to release his or her social security number shall conform to forms and/or procedures
developed and published by the Commission. Any alteration by a college in the wording
or procedure must be approved by the Director or designee under the authority of
the Commission. The Commission may revise the wording only with a minimum of 90
days' notice to the colleges and only with the input of the colleges.
(3) If a college determines
that it needs to use the social security number for a purpose other than those described
on the disclosure form, the college may add that use its disclosure form. The additional
wording must be approved by the Director or designee before it is added to the disclosure
statement.
(4) Under no circumstances may
a college require a student to release his or her social security number unless
the release is specifically mandated by federal law (as in federal financial aid
law and payroll requirements).
(5) A college may not deny any
student any right, benefit or privilege provided by law because of the student's
refusal to disclose his or her social security account number. However, this provision
does not apply with respect to any disclosure that is mandated by federal law.
(6) If a student refuses to
release his or her social security number, the college may assign an alternative
student identification number. Such a number is personally identifiable information
as defined in OAR 589-004-0100(6) and is governed by disclosure requirements set
forth in OAR 589-004-0450.
(7) A college that extends credit
in the form of student loans or deferred tuition payments may request that the student
voluntarily provide his or her social security number through a disclosure form
separate from the form described in section (2) of this rule. Any such form shall
be approved by the Director or designee prior to implementation.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
& Family Educational Rights and Privacy Act of 1974
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0460;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0450
Prior Consent to Disclose Information
(1) The student shall provide written consent
before a college discloses personally identifiable information from the student's
education records, except as provided in OAR 589-004-0500, and in accordance with
the college's policy adopted under OAR 589-004-0200(1)(d).
(2) The consent must:
(a) Specify the records that
may be disclosed;
(b) State the purpose of the
disclosure; and
(c) Identify the party or class
of parties to whom the disclosure may be made.
(3) When a disclosure is made
under section (1) of this rule, if the student so requests, the college shall provide
him or her with a copy of the records disclosed. "Records disclosed" may consist
of a list of data elements included in OCCURS records.
(4) A record of consent shall
be maintained for as long as the individual's records are maintained.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0470;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0500
Exceptions to Prior Consent Requirement
A college may disclose personally identifiable
information from an education record of a student without the consent required by
OAR 589-004-0450 if the disclosure meets one or more of the following conditions:
(1) The disclosure is to other
school officials, including teachers, athletic directors, coaches and counselors
within the college who have legitimate educational interests in the records.
(2) The disclosure is, subject
to the requirements of OAR 589-004-0200(1)(m), to officials of another school, school
system or institution of postsecondary education where the student seeks or intends
to enroll.
(3)(a) The disclosure is for
the purposes of 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, and is to authorized representatives of:
(A) The Comptroller General
of the United States;
(B) The Secretary of the United
States Department of Education; or
(C) State or local educational
authorities.
(b) Information that is collected
under subsection (a) of this section must:
(A) Be protected in a manner
that does not permit personal identification of individuals by anyone except the
officials referred to in subsection (a) of this section; and
(B) Be destroyed when no longer
needed for the purposes listed in subsection (a) of this section.
(c) Subsection (b) of this section
does not apply if:
(A) The student has given written
consent for the disclosure under OAR 589-004-0450; or
(B) The collection of personally
identifiable information is specifically authorized by federal law.
(4) The disclosure is in connection
with financial aid for which the student has applied or which the student has received,
if the information is necessary for such purposes as to:
(a) Determine eligibility for
the aid;
(b) Determine the amount of
the aid;
(c) Determine the conditions
for the aid; or
(d) Enforce the terms and conditions
of the aid;
(e) As used in this section,
"financial aid" means a payment of funds provided to an individual (or a payment
in kind of tangible or intangible property to the individual) that is conditioned
on the individual's attendance at an education agency or institution;
(f) If the student refuses to
consent to disclosure of personally identifiable information and/or his/her social
security number, but releases the social security number as a condition of receiving
financial aid, the college shall mask the social security number to ensure it is
used only for purposes allowed under federal financial aid law.
(5)(a) The disclosure is to
organizations conducting studies for, or on behalf of, educational agencies or institutions
to:
(A) Develop, validate, or administer
predictive tests;
(B) Administer student aid programs;
or
(C) Improve instruction.
(b) The agency or institution
may disclose information under this section only if:
(A) The study is conducted in
a manner that does not permit personal identification of parents and students by
individuals other than representatives of the organization; and
(B) The information is destroyed
when no longer needed for the purposes for which the study was conducted.
(c) For the purposes of this
section, the term "organization" includes, but is not limited to, federal, state,
and local agencies, and independent organizations.
(6) The disclosure is to accrediting
organizations to carry out their accrediting functions.
(7) The disclosure is to parents
of a dependent student as defined in Section 152 of the Internal Revenue Code.
(8) The disclosure is to comply
with a judicial order or lawfully issued subpoena. The educational agency or institution
may disclose information under this section only if the agency or institution makes
a reasonable effort to notify the student of the order or subpoena in advance of
compliance.
(9) The disclosure is 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.
(10) The disclosure is information
the educational agency or institution has designated as "directory information",
under the conditions described in OAR 589-004-0100(1) and 589-004-0200(2) through
(5).
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 326.051,
341.015 & 341.290(17)
Stats. Implemented: ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0480;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0550
Penalties for Misuse
Any officer or employee of OCCURS or of
the Office of Community Colleges and Workforce Development or of any other state
agency who has access to personally identifiable student records maintained and/or
provided by a community college who, without proper authority, shall disclose such
information may be disqualified from holding any appointment or employment with
the State of Oregon, in accordance with ORS 657.665(6).
Stat. Auth.: ORS 351.735, ORS 341.015
& ORS 341.290(17)
Stats. Implemented: ORS 341.290
& ORS 657.665
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0490;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0600
Redisclosing Information
(1) Any party who receives student records
containing personally identifiable information from a community college or colleges
may disclose that information to a third party only if the student has been notified
of the redisclosure and its purpose in the original disclosure notice and has consented,
unless redisclosure falls under the exceptions described in OAR 589-004-0500.
(2) Social security numbers
disclosed to the Performance Reporting Information System must be encoded either
by the originating college or by OCCURS, as required in ORS 657.734 .
(3) Community colleges, OCCURS,
or other parties may share and publish aggregate data which do not identify any
individual student, without meeting the consent requirements of section (1) of this
rule.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 329.965,
341.290, 20 U.S.C. Sec. 1232g (b)(5) & 34 CFR Sec. 99.32(a)
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0500;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0650
Filing a Federal Complaint
(1) A person may file a written complaint
with the Family Policy Compliance Office, United States Department of Education,
regarding an alleged violation under the Family Educational Rights and Privacy Act.
The Office's address is: Family Policy and Compliance Office, U.S. Department of
Education, Washington, D.C. 20202-4605.
(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 reasonably should have known 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 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290
& 34 CFR Sec. 99 et seq.
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0510;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0700
Civil Action
Any person claiming to be aggrieved by
the reckless disclosure of personally identifiable information from a student's
education records, as prohibited by OAR 589-004-0150 through 589-004-0550, may file
a civil action in circuit court pursuant to ORS 30.864.
Stat. Auth.: ORS 30.864, 351.735 &
ORS 341.015
Stats. Implemented: ORS 30.864
& ORS 341.290
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0520;
DCCWD 5-2015, f. & cert. ef. 10-30-15
589-004-0750
Recordkeeping Requirements
(1) A college 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 college 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; and
(B) The legitimate interests
the parties had in requesting or obtaining the information;
(c) Colleges that maintain electronic
records may flag those records to refer to disclosure information which applies
to all students;
(d) For purpose of ongoing submission
of records to OCCURS, a single record or electronic flag referring to OCCURS policy
on data elements collected and transmitted shall constitute appropriate recordkeeping.
(2) If a college discloses personally
identifiable information from an education record with the understanding authorized
under section (1) of this rule, the record of disclosure required under this section
must include:
(a) The names of the additional
parties to which the receiving party may disclose the information on behalf of the
college; and
(b) The legitimate interests
under OAR 589-004-0500 which each of the additional parties has in requesting or
obtaining the information.
(3) A college is not required
to keep records of disclosures when the disclosure is to:
(a) The student who is the subject
of the record;
(b) A college official with
a legitimate educational reason under OAR 589-004-0500(1);
(c) A party with written consent
from the student; or
(d) A party seeking directory
information.
Stat. Auth.: ORS 326.051, 341.015 &
341.290(17)
Stats. Implemented: ORS 341.290,
20 U.S.C. Sec 1232g(b)(5) & 34 CFR Sec. 9932(a)
Hist.: EB 7-1994, f. &
cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0530;
DCCWD 5-2015, f. & cert. ef. 10-30-15

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