1. (1) For purposes of this rule:

   1. (a) “Child or young adult” has the meaning given that term in OAR 410-133-0040.

   2. (b) “Consent”:

      1. (A) For purposes of subsection (2)(a) of this rule, has the meaning given that term in 34 C.F.R. §300.9, or where applicable, §300.7; and
      2. (B) For purposes of subsection (2)(b) of this rule, has the meaning described for that term in 34 C.F.R. §99.30.
   3. (c) “Education agency” has the meaning given that term in OAR 410-133-0040.

2. (2) Before an education agency accesses a child’s or young adult’s public benefits or insurance and discloses personally identifiable information to seek Medicaid reimbursement for the first time, an education agency must provide written notification to the child’s or young adult’s parent and obtain informed, written consent that meets the requirements of:

   1. (a) 34 C.F.R. §§300.154, 300.622, 303.520, 303.521, and 303.414 (The Individuals with Disabilities Education Act); and
   2. (b) 34 C.F.R. §99.30 (Family Education Rights and Privacy Act).
3. (3) After providing written notification and obtaining consent as described in subsection (2) of this rule, an education agency must provide the parent with the written notification on an annual basis that meets the requirements of the regulations listed in subsection (2) of this rule.

Statutory/Other Authority

ORS 343.041, ORS 343.045 & ORS 343.055

Statutes/Other Implemented

ORS 343.045, 34 C.F.R. 99.30, 34 C.F.R. 104, 34 C.F.R. 300.154, 34 C.F.R. 300.622, 34 C.F.R. 300.9, 34 C.F.R. 303.414 & ORS 343.155

History

ODE 5-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
Renumbered from 581-015-0607, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03