{"id":375902,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-privacy-of-school-records-laws.html"},"modified":"2024-05-03T17:37:28","modified_gmt":"2024-05-03T22:37:28","slug":"oregon-privacy-of-school-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-privacy-of-school-records-laws.html","title":{"rendered":"Oregon Privacy of School Records Laws"},"content":{"rendered":"\n
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Oregon Privacy of School Records Laws<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Privacy is a fundamental right, especially when it comes to educational records. In Oregon, laws are in place to protect the privacy of student information. Understanding these laws is crucial for ensuring that students’ details are kept safe and secure. One important federal law governing student privacy is the Family Educational Rights and Privacy Act (FERPA). FERPA applies to all educational institutions that receive federal funding. FERPA sets guidelines for the release and disclosure of student education records. This article explores the specifics of Oregon’s school privacy laws. It outlines the rights of students and the obligations of educational institutions.<\/p>\r\n

Privacy of School Records Laws Generally<\/h2>\r\n

The Family Educational Rights and Privacy Act<\/a> (FERPA) establishes certain rights. These rights are for students, their parents, and their legal guardians. FERPA is also known as the Privacy Act of 1974. These rights include the right to inspect and review education records. They also include the right to request corrections to inaccurate information. FERPA also includes the right to consent to the disclosure of personally identifiable information (PII). Educational institutions must get written consent. They must get consent before releasing such information, except in limited circumstances.<\/p>\r\n

Directory information may be disclosed without consent. Directory information includes identifiers such as a student’s name, address, and telephone number. This is true unless a student or the student’s parent or legal guardian opts out. But even directory information should be handled with care to prevent unauthorized access.<\/p>\r\n

School officials with a legitimate educational interest are also exceptions to privacy under FERPA. They may access student education records without consent. But they must adhere to strict confidentiality standards. FERPA also allows the disclosure of information to law enforcement in certain situations. These circumstances can be safety emergencies or a response to a subpoena.<\/p>\r\n

Oregon Privacy of School Records Laws<\/h2>\r\n

Oregon state law complements FERPA. FERPA provides protections for student privacy. Educational agencies and institutions in Oregon must adhere to state law in addition to federal law. Oregon’s privacy laws reinforce the importance of obtaining consent. The state emphasizes getting consent before disclosing student information, including directory information. PII, such as Social Security numbers or health records, must be securely stored. PII should only be shared with authorized personnel.<\/p>\r\n

Students and their parents have the right to request amendments to education records. They can do so if the records are inaccurate, misleading, or in violation of privacy rights. Educational institutions must also provide notice to parents and eligible students. This notice is of their rights under FERPA and Oregon law.<\/p>\r\n\r\n
Code Section<\/th>\r\nOregon Revised Statutes <\/a>\u00a7 <\/a>336.187<\/a>
\r\nOregon <\/a>Revised Statutes \u00a7 <\/a>326.565<\/a>
\r\nOregon Revised Statutes <\/a>\u00a7<\/a> 326.575<\/a><\/td>\r\n<\/tr>
Who Has Access to School Records?<\/th>\r\nSchool officials with a legitimate educational interest may access student education records. They can do so under strict confidentiality standards. Authorized personnel within educational agencies and institutions are responsible for implementing and enforcing these laws. Disclosure to law enforcement or child protective services in health and safety emergencies is also allowed.<\/td>\r\n<\/tr>
Agency to Contact for Complaints<\/th>\r\nYou may want to file a complaint about school record privacy violations. If so, contact the U.S. Department of Education Student Privacy Policy Office<\/a>.<\/td>\r\n<\/tr>
Penalty for Violation of School Record Privacy Laws<\/th>\r\nViolations can result in severe penalties at the federal level. Schools found violating FERPA may face the loss of federal funding. This includes both grants and loans. Anyone responsible for unauthorized disclosure of student records can also be held responsible. This means they are subject to fines or other disciplinary actions. The U.S. Department of Education imposes these actions.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note<\/b>: State laws may change at any time through the enactment of new legislation, decisions made at higher courts, and other means. We strive to ensure the accuracy of the information on these pages, but you also may want to contact an <\/i>Oregon education law attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Getting Legal Help<\/h2>\r\n

There may be instances where you feel your or your child’s privacy has been violated. In these situations, you have the right to seek legal help. Lawyers can help clarify student privacy and parental rights. Attorneys with experience in education law can provide guidance and representation to protect students’ rights. They can also help ensure compliance with applicable federal and state regulations and school district policies. Attorneys can review subpoenas and other court orders and provide valuable guidance when exploring your legal options.<\/p>\r\n

Consult a qualified Oregon education attorney<\/a> about your potential case today.<\/p>\r\n

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