Current through Register Vol. 63, No. 9, September 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.
(2) If an educational
agency or institution discloses personally identifiable information from an
education record with the understanding authorized under OAR 581-021-0350(2),
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
educational agency or institution; and
(b) The legitimate interests under OAR
581-021-0340 which each of the additional parties has in requesting or
obtaining the information.
(3) The following parties may inspect the
record relating to each student:
(a) The
parent or eligible student;
(b) The
school official or his or her assistants who are responsible for the custody of
the records;
(c) Those parties
authorized in OAR 581-021-0340(1) and (3) for the purposes of auditing the
recordkeeping procedures of the educational agency or institution.
(4) Section (1) of this rule does
not apply if the request was from or the disclosure was to:
(a) The parent or eligible student;
(b) A school official under OAR
581-021-0340(1);
(c) A party with
written consent from the parent or eligible student; or
(d) A party seeking directory
information.
(e) A party seeking or
receiving the records as directed by a Federal grand jury or other law
enforcement subpoena and the issuing 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.
Stat. Auth.: ORS
326.565 & 34 CFR ¦
99.32,
34 CFR 300.614
Stats. Implemented: ORS
326.565
