Or. Admin. R. 413-105-0060
The Office of Child Welfare Programs' Access to a Child's Education Records
Effective Jun 13, 2018ORS 409.050 & ORS 418.005 | Statutes/Other Implemented: ORS 418.005, ORS 326.575, ORS 336.187, ORS 409.010, ORS 419B.045, ORS 419B.192, ORS 419B.220, ORS 419B.343 & 20 U.S.C. § 1232gDepartment of Human Services
(1) Accessing a student's education records when the Department has custody of a student.
- (a) OCWP has authority to access a student's education records when it has legal custody of a student, without obtaining the consent of a parent or guardian, or a court order, pursuant to the Uninterrupted Scholars Act (20 U.S.C § 1232g).
- (b) To obtain the student's records, the OCWP must provide notice of legal custody and legal responsibility of the student to the school district.
- (c) The OCWP must not disclose records obtained pursuant to the Uninterrupted Scholars Act to any other person or entity unless that person or entity is engaged in addressing the student's educational needs and is authorized by the OCWP to receive such disclosure consistent with state confidentiality laws.
(2) Accessing a student's education records when the OCWP does not have custody of a student. The OCWP has authority to access a student's education records when it does not have legal custody of a student, without obtaining the consent of a parent or guardian or a court order, pursuant to OAR 581-021-0380 when:
- (a) The need for records is in connection with a health and safety emergency; and
- (b) Knowledge of the information is necessary to protect the health and safety of the student or other individuals.
Statutory/Other Authority
ORS 409.050 & ORS 418.005
Statutes/Other Implemented
ORS 418.005, ORS 326.575, ORS 336.187, ORS 409.010, ORS 419B.045, ORS 419B.192, ORS 419B.220, ORS 419B.343 & 20 U.S.C. § 1232g
History
CWP 46-2018, renumbered from 413-100-0930, filed 06/13/2018, effective 06/13/2018
CWP 45-2018, amend filed 06/08/2018, effective 06/08/2018
CWP 19-2017, temporary amend filed 12/11/2017, effective 12/11/2017 through 06/08/2018
CWP 33-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 15-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 13-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 30-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08