STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Access to Student Education Records/OAR 581-015-2300 Date: 03/09/2012
Confidentiality of Records for Preschool Children with Disabilities/581-015-2770
Staff/Office: Cindy Hunt/Superinten dent’s Office Claudette /Claudette Rushing/OSL&P
New Rule.......
Amend Existing Rule......
Repeal Rule
Hearing Date:
_____________________
Hearings Officer Report Attached
Prompted by: State law changes Federal law changes Other
Action Requested:
First Reading/Second Reading Adoption of Temporary Rule Adoption/Consent
Agenda
The proposed revisions of 581-015-2300 and 581-015-2770 are intended to clarify that both the Family
Education Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) apply to the education records of children with disabilities, birth to twenty-one. Timelines for parental access to these records differ by age of the child.
FERPA protects the privacy interests of parents and eligible students and children related to education records. IDEA includes specific references to FERPA. However, IDEA does not simply restate FERPA, but includes several additional safeguards specifically for the records of children with disabilities under IDEA. Both sets of regulations are needed to guide appropriate protection of personally identifiable information throughout the life of the records. The revisions are requested to help ensure that the most recent regulations are the basis of decisions related to records for children with disabilities under IDEA.
The most recent FERPA revision became effective in January 2012.
CHANGED SINCE LAST BOARD MEETING?
N/A; first read —hasn’t been before board
No; same as last month
Yes – As follows:
Rule does not have fiscal impact beyond the statute
:
Adopt administrative rule as prepared this month – temporary rule
Adopt administrative rule next month
No recommendation at this time (rarely used)
Comments: Staff recommended acceptance of revised OARs to ensure that Division 15 OARs implementing federal regulations conform to IDEA requirements. In this case those requirements include by reference regulations not contained in Division 15.
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Created by CH on 2/24/12 and Revised by CR on 2/27/12
Procedural Safeguards
581-015-2300
Access to Student Education Records
(1) For purposes of ensuring the safeguards required for education records of children with disabilities, including early intervention and early childhood special education records, the Department adopts by reference the provisions of FERPA, 34 CFR 99.1 to 99.38, the
IDEA, 34 CFR 300.610 to 34.300.627 and 34 CFR 303.401 through 303.416.
(a) For children with disabilities under age three, references to a “student” in these rules means an infant or toddler with a disability.
(b) For children with disabilities under age thre e, “student records” means early intervention records.
(2) The program, district, agency, or contractor must comply with a parent
’s request to inspect and review records without unnecessary delay and within the following timelines:
(a) For children under age three, before any meeting regarding an IFSP, or any hearing pursuant to 303.430(d) and 303.435 through 303.439, and in no case more than 10 days after the request has been made.
(b) For children over the age of three, before any meeting regarding an IEP/IFSP, or any due process hearing pursuant to 34
CFR 300.507, or resolution session pursuant to 34 CFR 300.510, related to a due process hearing, and in no case more than
45 days after the request has been made.
(3) School districts, and EI/ECSE programs and contractors, must give parents of children with disabilities an opportunity to examine all student education records in accordance with OAR 581-015-2300 as noted above.
Stat. Auth.: ORS 343.041, 343.155
Stats. Implemented: ORS 343.155, 343.173, 34 CFR 300.501, 34 CFR 300.610-627, 34 CFR 303.400-303.416, 34 CFR 300.510, 34
CFR 300.507, 34 CFR 300.530
Hist: ODE 4-2000, f. & cert. ef. 2-1-00; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0606, ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2770
Confidentiality of Records for Preschool Children with Disabilities
Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2300 and 34 CFR 303.400 through 303.420 for confidentiality of records for preschool children with disabilities with the following exception: "School district" means contractors or subcontractors.
Stat. Auth.: ORS 343.475, 343.485
Stats. Implemented: ORS 343.485
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; ODE 24-2000, f. & cert. ef. 10-16-00; Renumbered from 581-015-1010, ODE 10-2007, f. & cert. ef. 4-25-07
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