Oregon Administrative Code

581-021-0110 Tobacco Free Schools (1) For the purpose of this rule "tobacco" is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco, also known as smokeless, dip, chew, and snuff, in any form. …

581-021-0200 Standard Education for Oregon Students A Standard Education for Oregon Students is comprised of: (1) Common Curriculum Goals. The Common Curriculum Goals consist of: (a) Essential Learning Skills. The Essential Learning Skills are those skills essential to learning a…

581-021-0210 Evaluating Student Transcripts When evaluating student transcripts, the school district shall: (1) Accept credits and attendance completed in educational programs in this state as if they had been earned in the enrolling district consistent with OAR 581-022-2025; (2)…

581-021-0220 Definitions As used in OAR 581-021-0220 through 581-021-0440, the following definitions apply: (1) "Attendance" includes, but is not limited to: (a) Attendance in person, by correspondence, or through online and remote learning; and (b) The period during which a pers…

581-021-0225 Records of Law Enforcement Units (1) “Law enforcement unit” means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or noncommissioned security guards, that is offi…

581-021-0230 The Rights of Parents An educational agency or institution shall give full rights under OAR 581-021-0220 through 581-021-0420 to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally bin…

581-021-0240 The Rights of Eligible Students When a student becomes an eligible student, the rights accorded to, and consent required of, parents under OAR 581-021-0220 through 581-021-0420 transfer from the parents to the student. Nothing prevents educational agencies or institu…

581-021-0250 An Educational Agency or Institution’s Policy Regarding Student Education Records (1) Each educational agency or institution shall adopt a policy regarding how the agency or institution meets the requirements of OARs 581-021-0220 through 581-021-0430. The policy shal…

581-021-0255 Transfer of Student Education Records (1) Within ten days of a student seeking enrollment in or services from a public or private school including an ESD, or when a student is placed in a state institution other than an institution of postsecondary education, or a pr…

581-021-0260 An Educational Agency or Institution’s Annual Notification (1) Each educational agency or institution shall annually notify parents of students currently in attendance, and eligible students currently in attendance, at the agency or institution of their rights under …

581-021-0265 Confidentiality of Student Education Records (1) Each school district shall keep confidential any record maintained on a child with a disability in conformance with OAR 581-021-0220 through 581-021-0440. (2) Each school district shall protect the confidentiality of p…

581-021-0270 Rights of Inspection and Review of Education Records (1) Except as limited under FERPA and IDEA, each educational agency or institution shall permit a parent, an eligible student, or a representative of a parent if authorized in writing by the parent, to inspect and …

581-021-0280 Fees for Copies of Education Records (1) Student records are public records under ORS 192.410 through 192.505 but are exempt from disclosure except as authorized by OAR 581-021-0220 through 581-021-0440. (2) Unless the imposition of a fee effectively prevents a paren…

581-021-0290 Limitations on the Right to Inspect and Review Records If the education records of a student contain information on more than one student, the parent or eligible student may inspect, review, or be informed of only the specific information about that student. Statutor…

581-021-0300 A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records (1) If a parent or eligible student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s right…

581-021-0310 Right to a Hearing to Challenge Content (1) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student’s education records on the grounds that the information containe…

581-021-0320 Minimum Requirements for the Conduct of a Hearing The hearing required by OAR 581-021-0310 must meet at a minimum the following requirements: (1) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request f…

581-021-0330 Prior Consent to Disclose Information (1) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provide…

581-021-0340 Exceptions to Prior Consent An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by OAR 581-021-0330 if the disclosure meets one or more of the following conditions: (…

581-021-0350 Limitations on the Redisclosure of Information (1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the informati…

581-021-0360 Conditions for the Disclosure of Information to Other Educational Agencies or Institutions (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…

581-021-0370 Conditions for the Disclosure of Information for Federal or State Program Purposes (1) The officials listed in OAR 581-021-0340(3) shall have access to education records in connection with an audit or evaluation of federal or state supported education programs, or fo…

581-021-0371 Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena (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 f…

581-021-0372 Conditions for the Disclosure of Information When Legal Action Initiated (1) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena…

581-021-0380 Conditions for the Disclosure of Information in Health and Safety Emergencies (1) An educational agency or institution shall disclose personally identifiable information from an education record to law enforcement, child protective services, and health care professio…

581-021-0390 Conditions for the Disclosure of Directory Information (1) An educational agency or institution may disclose directory information if it has given annual public notice to parents of students in attendance and eligible students in attendance at the educational agency …

581-021-0391 Conditions for the Disclosure of Information to Juvenile Justice Agencies An educational agency or institution may disclose personally identifiable information to a court and state and local juvenile justice agencies including, but not limited to, law enforcement age…

581-021-0400 Recordkeeping Requirements (1) An educational agency or institution shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student: (a) The agency or institution shall mainta…

581-021-0410 Filing a Federal Complaint (1) A person may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, regarding an alleged violation under the Family Educational Rights and Privacy Act. The office's address is: Family Policy Com…

581-021-0420 Civil Action Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records, as prohibited by OAR 581-021-0220 through 581-021-0440, may file a civil action in circuit court pursuant to ORS 30.…

581-021-0430 The Distribution of Rules Relating to Student Records (1) The State Board of Education shall distribute the administrative rules regarding student education records to all school districts. (2) School districts shall make those rules available to the public schools i…

581-021-0505 Radio Frequency Identification Device Policy for Student Any school district that plans to use a Radio Frequency Identification Device (RFID) for the purpose of locating or tracking a student or taking student attendance shall adopt a policy regarding the use of RFID…

581-021-0510 Fingerprinting: Definitions As used in OAR 581-021-0510 through 581-021-0512, the following definitions apply: (1)(a) “Conviction” means: (A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a…

581-021-0511 Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses (1) School districts shall adopt and implement local board policy related to fingerprint collection and processing which shall…

581-021-0512 Non-employment criminal background checks for school districts (1) School districts that have volunteers that have direct unsupervised contact with students shall have a policy requiring those volunteers to undergo a criminal records check. (2) State criminal records…

581-021-0515 Background Check on Athlete Agents (1) Definitions (a) “Athlete agent” has the definition given in ORS 702.005(2)(a). (b) “Athlete agent application” meets the specifications given in ORS 702.017. (2) The Oregon Department of Education shall conduct a fingerprint-bas…

581-021-0550 Definitions: Restraint and Seclusion As used in OAR 581-021-0550 to 581-021-0570: (1) “Chemical restraint” means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not: (a) Prescribed by a licensed physician…

581-021-0553 Use of Restraint and Seclusion in Public Education Programs (1)(a) The use of the following types of restraint on a student in a public education program is prohibited: (A) Chemical restraint; (B) Mechanical restraint; (C) Prone restraint; (D) Supine restraint; (E)(i…

581-021-0556 Procedures Regarding Restraint and Seclusion (1) Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of restraint or seclusion. (2) Following an inc…

581-021-0563 Approval of Restraint and Seclusion Training Programs for School Staff (1) The Department of Education shall approve training programs in restraint and seclusion that: (a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use o…

581-021-0566 Required Use of Approved Restraint and Seclusion Programs On or after July 1, 2012, a Public Education Program may only use training programs on restraint and seclusion that are approved by the Department of Education under OAR 581-021-0563. The Department of Educati…

581-021-0568 Standards for Seclusion Rooms (1) Beginning with the 2014–15 school year, public education programs must meet the following standards for the structural and physical requirements for rooms designated by the school to be used for seclusion: (a) Any wall that is part o…

581-021-0569 Use of Seclusion Cells Prohibited (1) A public education program may not: (a) Purchase, build or otherwise take possession of a seclusion cell; or (b) Use a seclusion cell. (2) No later than July 1, 2013, a public education program shall ensure that all seclusion cel…

581-021-0570 Complaint Procedures (1) An organization or an individual may file a complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0566. If the public education program is a school…

581-021-0576 Definitions The following definitions apply to OAR 581-021-0576 to 581-021-0582: (1) “Community College Service Area” means a district formed under ORS Chapter 341 or, for school districts outside of a community college service area, it means an area determined pursu…

581-021-0578 School District Eligibility to Offer a Post Graduate Scholar Program School Districts are eligible to use state school funds for a post graduate scholar program if the following criteria are met: (1) School districts must have a written agreement with the community c…

581-021-0579 Student Eligibility to Participate in a Post Graduate Scholar Program Students who are eligible to participate in a post graduate scholar programs must: (1) Have satisfied the requirements for a regular Oregon diploma as provided in ORS 329.451(2); (2) Have been in g…

581-021-0580 Definitions The following definitions apply to OAR 581-021-0580 and 581-0021-0584: (1) “Assessment” means any of the measurements identified by the Department of Education and used to determine target language proficiency. (2) “Biliteracy” or “biliterate” means the a…

581-021-0582 Establishment (1) The State Seal of Biliteracy is established to recognize high school graduates who have attained a high level of proficiency in reading, writing, listening, and speaking in one or more World languages in addition to English. The State Seal of Bilite…

581-021-0584 Oregon State Seals of Biliteracy and Multiliteracy (1) The Department of Education shall develop a process by which school districts shall submit to the Department all data required as proof for each student who is a candidate for a State Seal of Biliteracy or State …