2013 ORS § 30.864¹
Action for disclosure of certain education records
  • limitation of action
  • attorney fees

(1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a students education records as prohibited by standards issued by the State Board of Education, the State Board of Higher Education or the governing board of a public university with a governing board listed in ORS 352.054 (List of universities with governing boards) may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive), for damages, or both. The court may order such other relief as may be appropriate.

(2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

(3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 §8; 1995 c.618 §30; 2013 c.768 §102]

Note: The amendments to 30.864 (Action for disclosure of certain education records) by section 102, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

30.864 (Action for disclosure of certain education records). (1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a students education records as prohibited by rules of the State Board of Education or the State Board of Higher Education may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive), for damages, or both. The court may order such other relief as may be appropriate.

(2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

(3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees.