Or. Admin. Code § 413-105-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-105-0060 - The Office of Child Welfare Programs' Access to a Child's Education Records

(1) Accessing a student's education records when the Department has custody of a student.

(a) OCWP has authority to access a student's education records when it has legal custody of a student, without obtaining the consent of a parent or guardian, or a court order, pursuant to the Uninterrupted Scholars Act (20 U.S.C § 1232g).

(b) To obtain the student's records, the OCWP must provide notice of legal custody and legal responsibility of the student to the school district.

(c) The OCWP must not disclose records obtained pursuant to the Uninterrupted Scholars Act to any other person or entity unless that person or entity is engaged in addressing the student's educational needs and is authorized by the OCWP to receive such disclosure consistent with state confidentiality laws.

(2) Accessing a student's education records when the OCWP does not have custody of a student. The OCWP has authority to access a student's education records when it does not have legal custody of a student, without obtaining the consent of a parent or guardian or a court order, pursuant to OAR 581-021-0380 when:

(a) The need for records is in connection with a health and safety emergency; and

(b) Knowledge of the information is necessary to protect the health and safety of the student or other individuals.

Or. Admin. Code § 413-105-0060

CWP 46-2018, renumbered from 413-100-0930, filed 06/13/2018, effective 6/13/2018

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 326.575, ORS 336.187, ORS 409.010, ORS 419B.045, ORS 419B.192, ORS 419B.220, ORS 419B.343 & 20 U.S.C. § 1232g