Or. Admin. Code § 589-004-0250 - Rights of Inspection, Review, and Amendment

(1) Except as limited under section (7) of this rule, each college shall permit a student to inspect and review the education records of that student.

(2) The college shall comply with a request for access to records within a reasonable period of time, but in no case more than 45 days after it has received the request.

(3) The college shall respond to reasonable requests for explanations and interpretations of the records.

(4) If a student so requests, the college shall give the student a copy of the student's education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in ORS 192.501(4) shall be provided unless required by federal law.

(5) The college shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.

(6) While a college is not required to give a student access to treatment records under the definition of "education records" in OAR 589-004-0100(3)(b)(E), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student's choice.

(7) If the education records of a student contain information on more than one student, the student may inspect, review or be informed of only the specific information about that student.

(8) A college does not have to permit a student to inspect and review the following records:

(a) Financial records of the student's parents;

(b) Confidential letters and statements of recommendation if the student has waived his or her right to inspect the letters and statements under the procedure in 34 CFR, Section 99.12(b)(3).

(9) If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy or other rights, he or she may ask the college to amend the record.

(10) The college shall decide whether to amend the record as requested within a reasonable time after the college receives the request.

(11) If the college decides not to amend the record as requested, it shall inform the student of its decision and of his or her right to a hearing under OAR 589-004-0350.

Notes

Or. Admin. Code § 589-004-0250

EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0430; DCCWD 5-2015, f. & cert. ef. 10/30/2015

Publications: Publications referenced are available from the agency.

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

Stats. Implemented: ORS 192.440, 192.501(4) & 341.290