Or. Admin. Code § 574-040-0030
Current through Register Vol. 64, No. 1, January 1, 2025
Section 574-040-0030 - Confidential Records - Restrictions on Release(1) Personal records designated as confidential pursuant to ORS 351.070 or pursuant to the Federal Family Education Rights and Privacy Act may be disclosed to institutional, state or statutorily authorized federal officials or employees who need the information in order to fulfill their official, professional responsibilities as required by law, institutional rules or internal management directives. Disclosure of personally identifiable information may also be made in connection with financial aid for which a student has applied or that a student has received or to accrediting organizations when necessary to their accrediting functions. These records may not be released to any other person or agency without the student's written consent, unless upon receipt of a subpoena or other court order or process. Institutional regulations may provide for designated institutional officials to appear in court to test the validity of a subpoena or court order or process relating to release of student records.(2) The institutional executive, or his designated representative, may make exception to the foregoing rule when he determines that there is a clear and present danger to the safety of the student or others and/or property, and that disclosure of relevant personal information about the student is essential in order to avoid or substantially minimize the danger. The factors to be taken into account in determining whether personally identifiable information from the educational records of a student may be disclosed under this rule shall include the following:
(a) The seriousness of the threat to the health or safety of the student or other individual;(b) The need for the information to meet the emergency;(c) Whether the individuals to whom the information is disclosed are in a position to deal with the emergency;(d) The extent to which time is of the essence in dealing with the emergency.(3) The health and safety exception to confidentiality shall be strictly construed.Or. Admin. Code § 574-040-0030
OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070