JOB – Personally Identifiable Information** (see the definition of “parent” for this section)

Personally identifiable information includes, but is not limited to:

1. Student=s name, if excluded from directory information, as requested by the student/parent in writing;
2. Name of the student=s parent(s) or other family member;
3. Address of the student or student=s family, if excluded from directory information, as requested by the student/parent in writing;
4. Personal identifier such as the student=s social security number or student ID number or biometric record;
5. A list of personal characteristics that would make the student=s identity easily traceable such as student=s date of birth, place of birth and mother=s maiden name;
6. Other information alone or in combination that would make the student=s identity easily traceable;
7. Other information requested by a person who the ESD reasonably believes knows the identity of the student to whom the educational record relates.

Prior Consent to Release

Personally identifiable information will not be released without prior signed and dated consent of the parent, student 18 years of age or older or emancipated.

Notice of and/or request for release of personally identifiable information shall specify the records to be disclosed, the purpose of disclosure and the identification of person(s) to whom the disclosure is to be made. Upon request of the parent or eligible student, the ESD will provide a copy of the disclosed record.

Exceptions to Prior Consent

The ESD may disclose personally identifiable information without prior consent under the following conditions:

1. To personnel within the district who have legitimate educational interests;
2. To personnel of an education service district or state regional program where the student is enrolled or is receiving services;
3. To personnel of another school, another district, state regional program or institution of postsecondary education where the student seeks or intends to enroll;
4. To authorized representatives of
   1. the U.S. Comptroller General, U.S. Attorney General,
   2. U.S. Secretary of Education or state and local education authorities
   3. or the Oregon Secretary of State Audits Division in connection with an audit or evaluation of federal or state supported education programs or the enforcement of or compliance with federal or state supported education programs or the enforcement of or compliance with federal or state regulations;
   5. To personnel determining a financial aid request for the student;
   6. To personnel conducting studies for or on behalf of the district;
   7. To personnel in accrediting organizations fulfilling accrediting functions;
   8. To comply with a judicial order or lawfully issued subpoena;
   9. For health or safety emergency;
   10. By request of a parent of a student who is not 18 years of age;
   11. By request of a student who is 18 years of age or older or emancipated;
   12. Because information has been identified as Adirectory information;@
   13. To the courts when legal action is initiated;
   14. To a court and state and local juvenile justice agencies;
   15. A judicial order or lawfully issued subpoena when the parent is a party to a court proceeding involving child abuse and neglect or dependency matters;
   16. To a caseworker or other representative of a state or local child welfare agency or tribal organization that are legally responsible for the care and protection of the student including educational stability of children in foster care.

END OF POLICY

Legal Reference(s):

• ORS 30.864
• ORS 107.154
• ORS 326.565
• ORS 326.575
• ORS 336.187

OAR 581-015-2000

OAR 581-021-0220 to -0430 OAR 581-022-1660 Individuals with Disabilities Education Act (IDEA), 20 U.S.C. ’’ 1400 - 1427 (2006). Family Educational Rights and Privacy Act of 1974, 20 U.S.C. ’ 1232g (2011). Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2011). Uninterrupted Scholars Act (USA), 2013 (P.L. 112-278, Jan. 14, 2013), 20 U.S.C. ’ 1221.