1. (1) An educational agency or institution that discloses an education record under OAR 581-021-0340(2) to officials of another school or school system where the student seeks or intends to enroll shall:

   1. (a) Annually notify parents or eligible students that it forwards education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request;

   2. (b) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless:

      1. (A) The disclosure is initiated by the parent or eligible student; or
      2. (B) The annual notification of the agency or institution under §99.6 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll;
   3. (b) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and
   4. (c) Give the parent or eligible student, upon request, an opportunity for a hearing.

2. (2) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if:

   1. (a) The student is enrolled in or receives services from the other agency or institution; and
   2. (b) The disclosure meets the requirements of section (1) of this rule.

Statutory/Other Authority

ORS 326.565 & 34 CFR § 99.34

Statutes/Other Implemented

ORS 326.565

History

ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93