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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT 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 Department 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, ORS 341.015 & ORS 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

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, ORS 341.105 & ORS 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

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, ORS 341.015 & ORS 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

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: The publication(s) referenced in this rule is available from the agency.]

Stat. Auth.: ORS 326.051, ORS 341.015 & ORS 341.290(17)
Stats. Implemented: ORS 192.440, ORS 192.501(4) & ORS 341.290
Hist.: EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0430

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, ORS 341.015 & ORS 341.290(17)
Stats. Implemented: ORS 192.440; ORS 341.290
Hist.: EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0440

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, ORS 341.015 & ORS 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

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 State Board. Any alteration by a college in the wording or procedure must be approved by the Commissioner or designee under the authority of the State Board. The State Board 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 Commissioner 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 Commissioner or designee prior to implementation.

Stat. Auth.: ORS 326.051, ORS 341.015 & ORS 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

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; ORS 341.015; ORS 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

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: The publication(s) referred to or incorporated by referenced in this rule id available from the agency.]

Stat. Auth.: ORS 326.051, ORS 341.015 & ORS 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

589-004-0550

Penalties for Misuse

Any officer or employee of OCCURS or of the Department 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 329.965(4).

Stat. Auth.: ORS 326.051, ORS 341.015& ORS 341.290(17)
Stats. Implemented: ORS 341.290 & ORS 329.965(4)
Hist.: EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0490

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 Shared Information System must be encoded either by the originating college or by OCCURS, as required in ORS 329.965.

(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, ORS 341.015 & ORS 341.290(17)
Stats. Implemented: ORS 329.965, ORS 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

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, ORS 341.015 & ORS 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

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 326.051, ORS 341.015 & ORS 341.290(17)
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

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, ORS 341.015 & ORS 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

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