OAR 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 (Prior Consent to Disclose Information) if the disclosure meets one or more of the following conditions:

(1)

The disclosure is to school board members during executive session pursuant to ORS 332.061 (Hearing to expel minor students or to examine confidential records), or to other school officials and teachers within the educational agency whom the agency or institution has determined to have legitimate educational interests.

(2)

The disclosure is to officials of another school, school system, institution of postsecondary education, education service district, state regional program, or other educational agency that has requested the records and in which the student seeks or intends to enroll, or is enrolled in or receives services from the other agency or institution. The term “receives services” includes, but is not limited to, an evaluation or re-evaluation for purposes of determining whether a student has a disability.

(3)

The disclosure is, subject to the requirements of OAR 581-021-0370 (Conditions for the Disclosure of Information for Federal or State Program Purposes), to authorized representatives of:

(a)

The Comptroller General of the United States;

(b)

The Secretary of the U.S. Department of Education;

(c)

State and local educational authorities; or

(d)

The Oregon Secretary of State’s Audit Division.

(4)

The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:

(a)

Determine eligibility for the aid;

(b)

Determine the amount of the aid;

(c)

Determine the conditions for the aid; or

(d)

Enforce the terms and conditions of the aid;

(e)

As used in this section, “financial aid” means a payment of funds provided to an individual (or a payment in king of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at an education agency or institution.

(5)

Intentionally left blank —Ed.

(a)

The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:

(A)

Develop, validate, or administer predictive tests;

(B)

Administer student aid programs; or

(C)

Improve instruction.

(b)

The agency or institution may disclose information under this section only if:

(A)

The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and

(B)

The information is destroyed when no longer needed for the purposes for which the study was conducted.

(c)

For the purposes of this section, the term “organization” includes, but is not limited to, federal, state and local agencies, and independent organizations.

(6)

The disclosure is to accrediting organizations to carry out their accrediting functions.

(7)

The disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986.

(8)

The disclosure is to comply with a judicial order or lawfully issued subpoena subject to the requirements of OAR 581-021-0371 (Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena).

(9)

The disclosure is related to a legal action subject to the conditions of OAR 581-021-0372 (Conditions for the Disclosure of Information When Legal Action Initiated).

(10)

The disclosure is in connection with a health or safety emergency, under the conditions described in OAR 581-021-0380 (Conditions for the Disclosure of Information in Health and Safety Emergencies).

(11)

The disclosure is information the educational agency or institution has designated as “directory information,” under the conditions described in OAR 581-021-0390 (Conditions for the Disclosure of Directory Information).

(12)

The disclosure is to the parent of a student who is not an eligible student or to an eligible student.

(13)

The disclosure is to a court and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies subject to conditions described in OAR 581-021-0391 (Conditions for the Disclosure of Information to Juvenile Justice Agencies).
[Publications: Publications referenced are available from the agency.]

Source: Rule 581-021-0340 — Exceptions to Prior Consent, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0340.

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 581-021-0340’s source at or​.us