Or. Admin. Code § 581-021-0220 - [Effective until 9/9/2025] Definitions
As used in OAR 581-021-0220 through 581-021-0440, the following definitions apply:
(1) "Attendance" includes, but is not limited
to:
(a) Attendance in person or by
correspondence; and
(b) The period
during which a person is working under a work-study
program.
(2) "Directory
Information" means those items of personally identifiable information contained
in an education record of a student which would not generally be considered
harmful or an invasion of privacy if disclosed. Directory information may
include the student's name, photograph, major field of study, participation in
officially recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, and degrees and awards received.
(3) "Disclosure" means to permit access to or
the release, transfer, or other communication of education records, or the
personally identifiable information contained in those records, to any party,
by any means, including oral, written, or electronic means.
(4) "Disciplinary action or proceeding" means
the investigation, adjudication, or imposition of sanctions by an educational
agency or institution with respect to an infraction or violation of the
internal rules of conduct applicable to students of the agency or
institution.
(5) "Educational
Agency or Institution" means any public or private school, education service
district, state institution, private agency or youth care center providing
educational services to students birth through age 21, and through Grade 12,
that receives federal or state funds either directly or by contract or
subcontract with the Department under any program administered by the U.S.
Secretary of Education or the Department.
(6) "Education Records":
(a) The term means those records that are
directly related to a student and maintained by an educational agency or
institution or by a party acting for the agency or institution;
(b) The term does not include:
(A) Records of instructional, supervisory,
and administrative personnel and educational personnel ancillary to those
persons that are kept in the sole possession of the maker of the record, are
used only as a personal memory aid, and are not accessible or revealed to any
other person except a temporary substitute for the maker of the
record;
(B) Records of the law
enforcement unit of an educational agency or institution, subject to the
provisions of OAR 581-021-0225.
(C) Records relating to an individual who is
employed by an educational agency or institution, that are made and maintained
in the normal course of business, that relate exclusively to the individual in
that individual's capacity as an employee and that are not available for use
for any other purpose. Records relating to an individual in attendance at the
agency or institution who is employed as a result of his or her status as a
student are education records and not excepted under this subsection;
(D) Records on a student who is 18 years of
age or older, or is attending an institution of postsecondary education, that
are:
(i) Made or maintained by a physician,
psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his or her professional capacity or assisting in a
paraprofessional capacity;
(ii)
Made, maintained, or used only in connection with treatment of the student;
and
(iii) Disclosed only to
individuals providing the treatment. For the purpose of this definition,
"treatment" does not include remedial educational activities or activities that
are part of the program of instruction at the agency or institution.
(E) Records that only contain
information relating to activities in which an individual engaged after he or
she is no longer a student at that agency or institution;
(F) Medical or nursing records which are made
or maintained separately and solely by a licensed health care professional who
is not employed by the educational agency or institution, and which are not
used for education purposes of planning.
(7) "Eligible Student" means a student who
has reached 18 years of age, or a student who is attending only an institution
of postsecondary education and is not enrolled in a secondary school.
(8) "Institution of Postsecondary Education"
means an institution that provides education to students beyond the secondary
school level; "secondary school level" means the educational level (not beyond
Grade 12) at which secondary education is provided.
(9) "Parent" means a parent of a student and
includes a natural parent, a guardian, an individual authorized in writing to
act as a parent in the absence of a parent or a guardian, or a surrogate parent
appointed to represent a student with disabilities. The term does not include
the state if the child is a ward of the state and the student is eligible for
special education services or is suspected of being eligible for special
education services under state and federal law.
(10) "Party" means an individual, agency,
institution, or organization.
(11)
Until July 31, 2025, "permanent record" means the educational record maintained
by the educational agency or institution which includes:
(a) Name and address of the educational
agency or institution;
(b) Full
legal name of the student;
(c)
Student's birth date and place of birth;
(d) Name of parents/guardians;
(e) Date of entry into the school;
(f) Name of school previously
attended;
(g) Courses of study and
marks received;
(h) Data
documenting a student's progress toward achievement of state standards and must
include a student's Oregon State Assessment results;
(i) Credits earned;
(j) Attendance;
(k) Date of withdrawal from school;
(l) Social security number, subject to
subsection (1)(j) of this rule; and
(m) Such additional information as the
educational agency or institution may prescribe.
(12) Beginning August 1, 2025, "permanent
record" means the educational record maintained by the educational agency or
institution which may include:
(a) Name and
address of the educational agency or institution;
(b) Full legal name of the student;
(c) Student's birth date;
(d) Name of parents/guardians;
(e) Date of entry into the school;
(f) Name of school previously
attended;
(g) Courses of study and
marks received;
(h) Data
documenting a student's progress toward achievement of state standards and must
include a student's Oregon State Assessment results;
(i) Credits earned;
(j) Attendance; and
(k) Date of withdrawal from school.
(13) "Personally Identifiable
Information" is information as defined in the Family Educational Rights and
Privacy Act (FERPA) and OAR
581-015-2000(24),
this includes but is not limited to:
(a) The
student's name;
(b) The name of the
student's guardian, parent, or other family member;
(c) The address of the student or student's
family;
(d) A personal identifier,
such as the student's social security number or student number;
(e) A list of personal characteristics that
would make the student's identity easily traceable; and
(f) Other information that would make the
student's identity easily traceable.
(14) "Record" means any information recorded
in any way including, but not limited to, handwriting, print, electronically,
tape, film, microfilm and microfiche.
(15) "Student" means any individual who is or
has been in attendance at an educational agency or institution and regarding
whom the agency or institution maintains education records.
(16) "Substitute care program" means family
foster care, family group home care, parole foster care, family shelter care,
adolescent shelter care and professional group care.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.3
Statutes/Other Implemented: ORS 326.565
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
As used in OAR 581-021-0220 through 581-021-0440, the following definitions apply:
(1) "Attendance" includes, but is not limited to:
(a) Attendance in person or by correspondence; and
(b) The period during which a person is working under a work-study program.
(2) "Directory Information " means those items of personally identifiable information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include, and is not limited to, the student 's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.
(3) "Disclosure " means to permit access to or the release, transfer, or other communication of education records , or the personally identifiable information contained in those records, to any party , by any means, including oral, written, or electronic means.
(4) "Disciplinary action or proceeding " means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.
(5) "Educational Agency or Institution " means any public or private school, education service district , state institution, private agency or youth care center providing educational services to students birth through age 21, and through Grade 12, that receives federal or state funds either directly or by contract or subcontract with the Department under any program administered by the U.S. Secretary of Education or the Department.
(6) "Education Records ":
(a) The term means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution;
(b) The term does not include:
(A) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record , are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record ;
(B) Records of the law enforcement unit of an educational agency or institution , subject to the provisions of OAR 581-021-0225.
(C) Records relating to an individual who is employed by an educational agency or institution , that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual's capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this subsection;
(D) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education , that are:
(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii) Made, maintained, or used only in connection with treatment of the student ; and
(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.
(E) Records that only contain information relating to activities in which an individual engaged after he or she is no longer a student at that agency or institution;
(F) Medical or nursing records which are made or maintained separately and solely by a licensed health care professional who is not employed by the educational agency or institution , and which are not used for education purposes of planning.
(7) "Eligible Student " means a student who has reached 18 years of age, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school.
(8) "Institution of Postsecondary Education " means an institution that provides education to students beyond the secondary school level; "secondary school level" means the educational level (not beyond Grade 12) at which secondary education is provided.
(9) "Parent " means a parent of a student and includes a natural parent , a guardian, an individual authorized in writing to act as a parent in the absence of a parent or a guardian, or a surrogate parent appointed to represent a student with disabilities. The term does not include the state if the child is a ward of the state and the student is eligible for special education services or is suspected of being eligible for special education services under state and federal law.
(10) "Party " means an individual, agency, institution, or organization.
(11) "Permanent record " means the educational record maintained by the educational agency or institution which includes:
(a) Name and address of the educational agency or institution ;
(b) Full legal name of the student ;
(c) Student 's birth date and place of birth;
(d) Name of parents/guardians;
(e) Date of entry into the school;
(f) Name of school previously attended;
(g) Courses of study and marks received;
(h) Data documenting a student 's progress toward achievement of state standards and must include a student 's Oregon State Assessment results;
(i) Credits earned;
(j) Attendance;
(k) Date of withdrawal from school;
(l) Social security number, subject to subsection (1)(j) of this rule; and
(m) Such additional information as the educational agency or institution may prescribe.
(12) "Personally Identifiable Information " is information as defined in the Family Educational Rights and Privacy Act (FERPA) and OAR 581-015-2700, this includes but is not limited to:
(a) The student 's name;
(b) The name of the student 's parent or other family member;
(c) The address of the student or student 's family;
(d) A personal identifier, such as the student 's social security number or student number;
(e) A list of personal characteristics that would make the student 's identity easily traceable; and
(f) Other information that would make the student 's identity easily traceable.
(13) "Record " means any information recorded in any way including, but not limited to, handwriting, print, electronically, tape, film, microfilm and microfiche.
(14) "Student " means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records .
(15) "Substitute care program " means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.3
Statutes/Other Implemented: ORS 326.565