Or. Admin. Code § 589-004-0750

Current through Register Vol. 64, No. 1, January 1, 2025

Section 589-004-0750 - Recordkeeping Requirements

(1) A college shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student:

(a) The college shall maintain the record with the education records of the student as long as the records are maintained;

(b) For each request or disclosure the record must include:

(A) The parties who have requested or received personally identifiable information from the education records; and

(B) The legitimate interests the parties had in requesting or obtaining the information;

(c) Colleges that maintain electronic records may flag those records to refer to disclosure information which applies to all students;

(d) For purpose of ongoing submission of records to OCCURS, a single record or electronic flag referring to OCCURS policy on data elements collected and transmitted shall constitute appropriate recordkeeping.

(2) If a college discloses personally identifiable information from an education record with the understanding authorized under section (1) of this rule, the record of disclosure required under this section must include:

(a) The names of the additional parties to which the receiving party may disclose the information on behalf of the college; and

(b) The legitimate interests under OAR 589-004-0500 which each of the additional parties has in requesting or obtaining the information.

(3) A college is not required to keep records of disclosures when the disclosure is to:

(a) The student who is the subject of the record;

(b) A college official with a legitimate educational reason under OAR 589-004-0500(1);

(c) A party with written consent from the student; or

(d) A party seeking directory information.

Or. Admin. Code § 589-004-0750

EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0530; DCCWD 5-2015, f. & cert. ef. 10/30/2015

Stat. Auth.: ORS 326.051, 341.015 & 341.290(17)

Stats. Implemented: ORS 341.290, 20 U.S.C. Sec 1232g(b)(5) & 34 CFR Sec. 9932(a)