1. (1) Under this section, unless required by a court order or a warrant authorized by a court, the educational agency or institution may not disclose, for the purpose of enforcement of federal immigration laws, the following information concerning a student, whether current or otherwise:

   1. (a) The student’s address;
   2. (b) The student’s workplace or hours of work;
   3. (c) The student’s school or school hours;
   4. (d) The student’s contact information, including telephone number, electronic mail address or social media account information;
   5. (e) The identity of known associates or relatives of the student;
   6. (f) The date, time or location of the student’s hearings, proceedings or appointments with the educational agency or institution that are not matters of public record;
   7. (g) The student’s citizenship or immigration status; or
   8. (h) Information described in paragraphs (a) through (g) of this subsection with respect to known relatives or associates of the student.
2. (2) The agency or institution must make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of disclosure, so that the parent or eligible student may seek protective action except as provided below.

3. (3) Notice to the parent or eligible student under paragraph (2) is not required if the disclosure is in compliance with:

   1. (a) A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
   2. (b) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

Statutory/Other Authority

ORS 326.565, 34 CFR § 99.31 & ORS 180.805

Statutes/Other Implemented

ORS 326.565

History

ODE 28-2025, amend filed 06/16/2025, effective 08/01/2025
ODE 16-2025, temporary amend filed 03/13/2025, effective 03/14/2025 through 09/09/2025
ODE 8-2007, f. & cert. ef. 3-1-07