1. (1) For purposes of ensuring the safeguards required for education records of children with disabilities, including early intervention and early childhood special education records, the Department adopts by reference the provisions of FERPA, 34 CFR 99.1 to 99.38, the IDEA, 34 CFR 300.610 to 34 CFR 300.627 and 34 CFR 303.401 through 303.411.

   1. (a) For children with disabilities under age three, references to a “student” in these rules means an infant or toddler with a disability.
   2. (b) For children with disabilities under age three, “student records” means EI records.

2. (2) This provision includes all education records with respect to:

   1. (a) The identification, evaluation, and educational placement of the child; and
   2. (b) The provision of a free appropriate public education to the child.

3. (3) The program, district, agency, or contractor must comply with a parent’s request to inspect and review records without unnecessary delay and provide copies of these records to the parent within the following timelines:

   1. (a) For children under age three, before any meeting regarding an IFSP, or any hearing pursuant to 303.430(d) and 303.435 through 303.340, and in no case more than 10 business days after the request has been made.
   2. (b) For children over the age of three, before any meeting regarding an IEP/IFSP, or any due process hearing, or resolution session related to a due process hearing, and in no case more than 10 business days after the request has been made.
4. (4) Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order.

Statutory/Other Authority

ORS 343.041 & ORS 343.155

Statutes/Other Implemented

ORS 343.155, ORS 343.173, 34 CFR 300.501 & 34 CFR 303.405(a)

History

ODE 34-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 15-2012, f. 6-8-12, cert. ef. 6-11-12
ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12
Renumbered from 581-015-0606, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 4-2000, f. & cert. ef. 2-1-00