2017 ORS 326.575¹
Records when student transfers or is placed elsewhere
  • notice to parents
  • amendments to records
  • rules

(1) Within 10 days of a student’s seeking initial enrollment in a public or private school or when a student is placed in a state institution, other than an institution of post-secondary education, or a day treatment program, residential treatment program, detention facility or youth care center, the school, institution, program, facility or center shall notify the public or private school or the institution, program, facility or center in which the student was formerly enrolled and shall request the student’s education records.

(2) Any public or private school, state institution, day treatment program, residential treatment program, detention facility or youth care center receiving the request described in subsection (1) of this section shall transfer all student education records relating to the particular student to the requesting school, institution, program, facility or center no later than 10 days after the receipt of the request. The education records shall include any education records relating to the particular student retained by an education service district.

(3) Notwithstanding subsections (1) and (2) of this section, for students who are in substitute care programs:

(a) A school, institution, program, facility or center shall notify the school, institution, program, facility or center in which the student was formerly enrolled and shall request the student’s education records within five days of the student seeking initial enrollment; and

(b) Any school, institution, program, facility or center receiving a request for a student’s education records shall transfer all student education records relating to the particular student to the requesting school, institution, program, facility or center no later than five days after the receipt of the request.

(4) Each educational institution that has custody of the student’s education records shall annually notify parents and eligible students of their right to review and propose amendments to the records. The State Board of Education shall specify by rule the procedure for reviewing and proposing amendments to a student’s education records. If a parent’s or eligible student’s proposed amendments to a student’s education records are rejected by the educational institution, the parent or eligible student shall receive a hearing on the matter. The State Board of Education shall specify by rule the procedure for the hearing.

(5) As used in this section:

(a) “Day treatment program” means a program described in ORS 343.961 (Responsibility for costs of education of children in day and residential treatment programs).

(b) “Detention facility” has the meaning given that term in ORS 419A.004 (Definitions).

(c) “Educational institution” means a public or private school, education service district, state institution, day treatment program, residential treatment program or youth care center.

(d) “Residential treatment program” means a program described in ORS 343.961 (Responsibility for costs of education of children in day and residential treatment programs).

(e) “Substitute care program” means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care.

(f) “Youth care center” means a center as defined in ORS 420.855 (Definitions for ORS 420.855 to 420.885). [1993 c.806 §4 (326.565 (Standards for student records), 326.575 (Records when student transfers or is placed elsewhere) and 336.187 (When school authorized to disclose information about student) enacted in lieu of 336.185, 336.195 and 336.215); 1995 c.15 §2; 2001 c.681 §1; 2005 c.521 §3; 2011 c.313 §2; 2011 c.701 §4; 2017 c.726 §21]

1 Legislative Counsel Committee, CHAPTER 326—State Administration of Education, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors326.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.