(1) Under this
section, unless required by a court order or a warrant authorized by a court,
the educational agency or institution may not disclose, for the purpose of
enforcement of federal immigration laws, the following information concerning a
student, whether current or otherwise:
(a) The
student's address;
(b) The
student's workplace or hours of work;
(c) The student's school or school
hours;
(d) The student's contact
information, including telephone number, electronic mail address or social
media account information;
(e) The
identity of known associates or relatives of the student;
(f) The date, time or location of the
student's hearings, proceedings or appointments with the educational agency or
institution that are not matters of public record;
(g) The student's citizenship or immigration
status; or
(h) Information
described in paragraphs (a) through (g) of this subsection with respect to
known relatives or associates of the student.
(2) The agency or institution must make a
reasonable effort to notify the parent or eligible student of the order or
subpoena in advance of disclosure, so that the parent or eligible student may
seek protective action except as provided below.
(3) Notice to the parent or eligible student
under paragraph (2) is not required if the disclosure is in compliance with:
(a) A federal grand jury subpoena and the
court has ordered that the existence or the contents of the subpoena or the
information furnished in response to the subpoena not be disclosed;
or
(b) Any other subpoena issued
for a law enforcement purpose and the court or other issuing agency has ordered
that the existence or the contents of the subpoena or the information furnished
in response to the subpoena not be disclosed.
Notes
Or. Admin. Code
§
581-021-0371
ODE
8-2007, f. & cert. ef. 3-1-07;
ODE
16-2025, temporary amend filed 03/13/2025, effective
3/14/2025 through
9/9/2025
Statutory/Other Authority: ORS
326.565 &
34 CFR §
99.31
Statutes/Other Implemented: ORS
326.56
