OAR 581-021-0220
Definitions

As used in OAR 581-021-0220 (Definitions) through 581-021-0440, the following definitions apply:

(1)

“Attendance” includes, but is not limited to:

(a)

Attendance in person or by correspondence; and

(b)

The period during which a person is working under a work-study program.

(2)

“Directory Information” means those items of personally identifiable information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include, and is not limited to, the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.

(3)

“Disclosure” means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means.

(4)

“Disciplinary action or proceeding” means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.

(5)

“Educational Agency or Institution” means any public or private school, education service district, state institution, private agency or youth care center providing educational services to students birth through age 21, and through Grade 12, that receives federal or state funds either directly or by contract or subcontract with the Department under any program administered by the U.S. Secretary of Education or the Department.

(6)

“Education Records”:

(a)

The term means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution;

(b)

The term does not include:

(A)

Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

(B)

Records of the law enforcement unit of an educational agency or institution, subject to the provisions of OAR 581-021-0225 (Records of Law Enforcement Units).

(C)

Records relating to an individual who is employed by an educational agency or institution, that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual’s capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this subsection;

(D)

Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
(i)
Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii)
Made, maintained, or used only in connection with treatment of the student; and
(iii)
Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

(E)

Records that only contain information relating to activities in which an individual engaged after he or she is no longer a student at that agency or institution;

(F)

Medical or nursing records which are made or maintained separately and solely by a licensed health care professional who is not employed by the educational agency or institution, and which are not used for education purposes of planning.

(7)

“Eligible Student” means a student who has reached 18 years of age, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school.

(8)

“Institution of Postsecondary Education” means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond Grade 12) at which secondary education is provided.

(9)

“Parent” means a parent of a student and includes a natural parent, a guardian, an individual authorized in writing to act as a parent in the absence of a parent or a guardian, or a surrogate parent appointed to represent a student with disabilities. The term does not include the state if the child is a ward of the state and the student is eligible for special education services or is suspected of being eligible for special education services under state and federal law.

(10)

“Party” means an individual, agency, institution, or organization.

(11)

“Permanent record” means the educational record maintained by the educational agency or institution which includes:

(a)

Name and address of the educational agency or institution;

(b)

Full legal name of the student;

(c)

Student’s birth date and place of birth;

(d)

Name of parents/guardians;

(e)

Date of entry into the school;

(f)

Name of school previously attended;

(g)

Courses of study and marks received;

(h)

Data documenting a student’s progress toward achievement of state standards and must include a student’s Oregon State Assessment results;

(i)

Credits earned;

(j)

Attendance;

(k)

Date of withdrawal from school;

(l)

Social security number, subject to subsection (1)(j) of this rule; and

(m)

Such additional information as the educational agency or institution may prescribe.

(12)

“Personally Identifiable Information” is information as defined in the Family Educational Rights and Privacy Act (FERPA) and OAR 581-015-2700 (Definitions — EI/ECSE Program), this includes but is not limited to:

(a)

The student’s name;

(b)

The name of the student’s parent or other family member;

(c)

The address of the student or student’s family;

(d)

A personal identifier, such as the student’s social security number or student number;

(e)

A list of personal characteristics that would make the student’s identity easily traceable; and

(f)

Other information that would make the student’s identity easily traceable.

(13)

“Record” means any information recorded in any way including, but not limited to, handwriting, print, tape, film, microfilm and microfiche.

(14)

“Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(15)

“Substitute care program” means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care.
[Publications: Publications referenced are available from the agency.]

Source: Rule 581-021-0220 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0220.

581–021–0009
Exemptions 581–021–0013
Child Development Specialist Programs 581–021–0017
Dental Screening Certification 581–021–0019
Interdistrict Transfer Agreement 581–021–0020
District School Board Proceedings 581–021–0022
Student Evaluation 581–021–0023
Mercury Elimination Policy 581–021–0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher 581–021–0029
Home Schooling for Children with Disabilities 581–021–0030
Limitation on Administration and Utilization of Tests in Public Schools 581–021–0031
Vision Screening 581–021–0033
Interscholastic Activities Eligibility Requirement for Home School Students 581–021–0037
Administration of Medication 581–021–0038
Minimum Requirements for School District Sexual Harassment Policies 581–021–0041
Form and Protocol for Sports Physical Examinations 581–021–0043
Displaying Sovereign Tribal Government’s Flags in Public Schools 581–021–0045
Discrimination Prohibited 581–021–0046
Program Compliance Standards 581–021–0047
Prohibits Public Schools from using Native American Mascots 581–021–0050
Minimum Standards for Student Conduct and Discipline 581–021–0055
Standards of Conduct 581–021–0060
Discipline Procedures, Prohibition of Corporal Punishment 581–021–0061
Corporal Punishment 581–021–0065
Suspension 581–021–0070
Expulsion 581–021–0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs 581–021–0072
Registration of Private Alternative Programs/Schools 581–021–0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure 581–021–0075
Distribution 581–021–0076
Exemption from Compulsory Attendance 581–021–0077
Compulsory Attendance Notices and Citation 581–021–0081
Student Absences 581–021–0100
School Traffic Patrols 581–021–0110
Tobacco Free Schools 581–021–0200
Standard Education for Oregon Students 581–021–0210
Evaluating Student Transcripts 581–021–0220
Definitions 581–021–0225
Records of Law Enforcement Units 581–021–0230
The Rights of Parents 581–021–0240
The Rights of Eligible Students 581–021–0250
An Educational Agency or Institution’s Policy Regarding Student Education Records 581–021–0255
Transfer of Student Education Records 581–021–0260
An Educational Agency or Institution’s Annual Notification 581–021–0265
Confidentiality of Student Education Records 581–021–0270
Rights of Inspection and Review of Education Records 581–021–0280
Fees for Copies of Education Records 581–021–0290
Limitations on the Right to Inspect and Review Records 581–021–0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records 581–021–0310
Right to a Hearing to Challenge Content 581–021–0320
Minimum Requirements for the Conduct of a Hearing 581–021–0330
Prior Consent to Disclose Information 581–021–0340
Exceptions to Prior Consent 581–021–0350
Limitations on the Redisclosure of Information 581–021–0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions 581–021–0370
Conditions for the Disclosure of Information for Federal or State Program Purposes 581–021–0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena 581–021–0372
Conditions for the Disclosure of Information When Legal Action Initiated 581–021–0380
Conditions for the Disclosure of Information in Health and Safety Emergencies 581–021–0390
Conditions for the Disclosure of Directory Information 581–021–0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies 581–021–0400
Recordkeeping Requirements 581–021–0410
Filing a Federal Complaint 581–021–0420
Civil Action 581–021–0430
The Distribution of Rules Relating to Student Records 581–021–0505
Radio Frequency Identification Device Policy for Student 581–021–0510
Fingerprinting: Definitions 581–021–0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581–021–0512
Non-employment criminal background checks for school districts 581–021–0550
Definitions: Restraint and Seclusion 581–021–0553
Use of Restraint and Seclusion in Public Education Programs 581–021–0556
Procedures Regarding Restraint and Seclusion 581–021–0563
Approval of Restraint and Seclusion Training Programs for School Staff 581–021–0566
Required Use of Approved Restraint and Seclusion Programs 581–021–0568
Standards for Seclusion Rooms 581–021–0569
Use of Seclusion Cells Prohibited 581–021–0570
Complaint Procedures 581–021–0576
Definitions 581–021–0578
School District Eligibility to Offer a Post Graduate Scholar Program 581–021–0579
Student Eligibility to Participate in a Post Graduate Scholar Program 581–021–0580
Definitions 581–021–0582
Establishment 581–021–0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 8, 2021

Rule 581-021-0220’s source at or​.us