2011 Oregon Revised Statutes
ORS Volume 9, Chapters 326 - 365
ORS Chapter 326
326.575 Records when student transfers or is placed elsewhere; notice to parents; amendments to records; rules.

(1) Within 10 days of a student s seeking initial enrollment in a public or private school or when a student is placed in a state institution, other than an institution of post-secondary education, or a day treatment program, residential treatment program, detention facility or youth care center, the school, institution, program, facility or center shall notify the public or private school or the institution, program, facility or center in which the student was formerly enrolled and shall request the student s education records.

(2) Any public or private school, state institution, day treatment program, residential treatment program, detention facility or youth care center receiving the request described in subsection (1) of this section shall transfer all student education records relating to the particular student to the requesting school, institution, program, facility or center no later than 10 days after the receipt of the request. The education records shall include any education records relating to the particular student retained by an education service district.

(3) Notwithstanding subsections (1) and (2) of this section, for students who are in substitute care programs:

(a) A school, institution, program, facility or center shall notify the school, institution, program, facility or center in which the student was formerly enrolled and shall request the student s education records within five days of the student seeking initial enrollment; and

(b) Any school, institution, program, facility or center receiving a request for a student s education records shall transfer all student education records relating to the particular student to the requesting school, institution, program, facility or center no later than five days after the receipt of the request.

(4) Each educational institution that has custody of the student s education records shall annually notify parents and eligible students of their right to review and propose amendments to the records. The State Board of Education shall specify by rule the procedure for reviewing and proposing amendments to a student s education records. If a parent s or eligible student s proposed amendments to a student s education records are rejected by the educational institution, the parent or eligible student shall receive a hearing on the matter. The State Board of Education shall specify by rule the procedure for the hearing.

(5) As used in this section:

(a) Day treatment program means a program described in ORS 343.961.

(b) Detention facility has the meaning given that term in ORS 419A.004.

(c) Educational institution means a public or private school, education service district, state institution, day treatment program, residential treatment program or youth care center.

(d) Residential treatment program means a program described in ORS 343.961.

(e) Substitute care program has the meaning given that term in ORS 339.133.

(f) Youth care center means a center as defined in ORS 420.855. [1993 c.806 4 (326.565, 326.575 and 336.187 enacted in lieu of 336.185, 336.195 and 336.215); 1995 c.15 2; 2001 c.681 1; 2005 c.521 3; 2011 c.313 2; 2011 c.701 4]