Relevant Oregon Administrative Rules (OARs) to the School Counseling Profession

581-021-0046 Program Compliance Standards 581-021-0062 Use of Physical Restraint and Seclusion 581-022-1020 State Goals for Elementary and Secondary Education 581-022-1510 Guidance and Counseling 581-022-1640 Instructional Materials 581-022-1660 Records and Reports 581-022-1670 Individual Student Assessment, Recordkeeping, and Reporting 581-070-0210 Confidentiality- Purpose 581-070-0220 Confidentiality- Definitions 581-070-0230 Confidentiality- Release of Participant Records 581-070-0240 Confidentiality- Release of Participant Records Without Written Consent

581-021-0062

Use of Physical Restraint and Seclusion

(1) Definitions: (a) "Physical restraint" means the restriction of a student's movement by one or more persons holding the student or applying physical pressure upon the student. "Physical restraint" does not include touching or holding a student without the use of force for the purpose of directing the student or assisting the student in completing a task or activity; (b) "Seclusion" means the involuntary confinement of a student alone in a room from which the student is prevented from leaving. Seclusion does not include "time out" as defined in subsection (c); (c) "Time out" means a removing a student for a short time to provide the student with an opportunity to regain selfcontrol, in a setting from which the student is not physically prevented from leaving. (2) Effective September 1, 2007, school district boards must establish written policies and procedures on the use of physical restraint and seclusion. These policies and procedures must include, at a minimum: (a) The use of physical restraint or seclusion only: (A) As part of a behavior support plan when other less restrictive interventions would not be effective and the student's behavior poses a threat of imminent, serious, physical harm to the student or others; or (B) In an emergency by a school administrator, teacher, school employee, or volunteer as necessary to maintain order or to prevent a student from harming him/herself, other students, and school staff or property in accordance with OAR 581-021-0061(2). (b) The use of physical restraint and/or seclusion only for as long as the student's behavior poses a threat of imminent, serious physical harm to the student or others; (c) Any room used for seclusion of a student must allow staff full view of the student in all areas of the room, and be free of potentially hazardous conditions such as unprotected light fixtures and electrical outlets; (d) A provision that staff will continuously monitor a student's status during physical restraint and/or seclusion; (e) Identification of the training program(s) or system(s) of physical restraints and seclusion selected for use in the district, which must include behavior support, prevention, de-escalation, and crisis response techniques; (f) A provision that only staff who are current in the required training in accordance with the training program selected under (e) will implement physical restraint or seclusion with a student except as described in OAR 581-0210061(2) (g) Verbal or written notification of parents or guardians following the use of physical restraint or seclusion by the end of the day the incident occurred; (h) Within two school days of use of physical restraint or seclusion, a documented debriefing by appropriate staff, including staff involved in the restraint or seclusion; (i) Documentation requirements for the use of any physical restraint and seclusion that meets the definitions in subsection (1), including: (A) Name of the student; (B) Name of staff member(s) administering the physical restraint or seclusion;

(C) Date of the restraint or seclusion, and the time the restraint or seclusion began and ended; (D) Location of the restraint or seclusion; (E) A description of the restraint or seclusion; (F) A description of the student's activity immediately preceding the behavior that prompted the use of restraint or seclusion; (G) A description of the behavior that prompted the use of restraint or seclusion; (H) Efforts to deescalate the situation and alternatives to restraint or seclusion that were attempted; (I) Information documenting parent contact and notification; and (J) A summary of the debriefing in section (h). (j) A documented process for annual review of the use of physical restraint and seclusion in the district to ensure that restraint and seclusion are used in accordance with the district's policies and procedure; and (k) A procedure for receiving and investigating complaints regarding restraint and seclusion practices which may be the same as in OAR 581-022-1940. This does not preclude complaints under other applicable provisions. (3) Educational programs that are located in facilities subject to different rules regarding use of physical restraint and seclusion, such as long-term care and treatment programs, youth detention education programs, and youth corrections education programs, are not subject to these rules. Stat. Auth.: ORS 326.250 Stats. Implemented: ORS 339.250 Hist.: ODE 17-2006, f. 12-11-06, cert. ef. 12-12-06

581-021-0046

Program Compliance Standards

(1) Access to Course Offerings. A school district shall not provide any course or otherwise carry out any of its educational programs or activities on a discriminatory basis or require or refuse participation therein by any of its students on such basis: (a) This section does not prohibit grouping of students in any educational program or activity by ability as assessed by objective standards of individual performance; (b) Where use of an objective standard of measuring skill or progress in an educational program has a discriminatory effect on persons as defined in OAR 581-021-0045, the district shall use appropriate standards which do not have such effect; (c) This section does not prohibit separating students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, soccer, and other sports the purpose or major activity of which involves bodily contact. (2) Employment Assistance. A district which actively assists any agency, organization, or person in making employment available to any of its students shall assure itself that such employment is made available without discrimination. (3) Marital Status. A district shall not discriminate against any student or exclude any student from its educational program or activity including any class or extracurricular activity on the basis of the student's marital status; however the student may request voluntarily to participate in a separate portion of the program or activity of the district. (4) Athletics. A district which operates or sponsors interscholastic club or intramural athletics shall provide equal athletic opportunity for members of both sexes, all age and ethnic groups, and persons withdisabilities. In determining whether equal opportunities are available, the Superintendent of Public Instruction shall consider among other factors whether the selection of sports and levels of competition effectively accommodate the interests and abilities of all students. (5) Students Unable to Attend Because of Religious Beliefs. Any student who because of his or her religious beliefs is unable to attend classes on a particular day shall be excused from attendance requirements and from any examination or other assignment on that day. The student shall make up the examination or other assignment missed because of such absence. The absence shall not be counted for the purpose of an attendance policy that may result in exclusion, failure, or reduction of grade based upon a certain number of days. (6) Textbooks and Curriculum Material. Nothing in this rule shall be interpreted as requiring or prohibiting or abridging in any way the use of adopted textbook or curriculum material. However, where materials are found upon investigation to provide discriminatory impact on the basis of race, color, national origin, religion, sex, sexual orientation, age, disability, or marital status, there should be established resources for employees and students of the district for supplemental alternative nondiscriminatory material. (7) Use of Appraisal and Counseling Materials. A district which uses testing or other materials for appraising or counseling students shall not use materials which discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, age, disability, or marital status, or use materials which permit or require different treatment of students on such basis unless such differences cover the same occupation and interest areas and the use of such different material is shown to be essential to the elimination of discrimination. Districts shall develop and use internal procedures for insuring that such materials may not discriminate. (8) Bilingual or Linguistically Different Students. Districts shall develop and implement a plan for identifying students whose primary language is other than English and shall provide such students with appropriate programs until they are able to use the English language in a manner that allows effective and relevant participation in regular classroom instruction and other educational activities.

(9) Equal Educational Opportunity Plans. Districts shall develop and implement a plan which assures that all students have equal opportunity to participate in the educational programs and activities and equal access to facilities in the district. Said plan shall include courses and components which provide students with an understanding of the pluralistic realities of their society, including multi-cultural/racial/ethnic education and equity in portraying all classes protected under ORS 659.150. Upon the request of the Superintendent of Public Instruction, districts shall submit copies of such plans and other assurances as are deemed necessary and proper. (10) Dress Codes. Districts may enforce an otherwise valid dress code or policy, as long the code or policy provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual. (11) Interpretation of Rules. The Superintendent of Public Instruction may issue written interpretations concerning rules for nondiscrimination upon the written request of parties to a complaint at the district level. Stat. Auth.: ORS 326 & 659 Stats. Implemented: ORS 326.051 & 659.150 Hist.: 1EB 252, f. & ef. 9-30-76; 1EB 11-1984, f. & ef. 4-17-84; ODE 13-2008, f. & cert. ef. 5-23-08

581-022-1020

State Goals for Elementary and Secondary Education

State Goals for Elementary and Secondary Education Oregon's system of K-12 education plays a key role in preparing students to function effectively in a rapidly changing world. To successfully prepare students for the futures they choose to pursue, the State Board of Education identifies the following goals for Oregon's K-12 educational system: (1) To insure that all Oregon students, regardless of linguistic background, culture, race, gender, capability, or geographic location, have access to a quality education in a safe, motivating environment; (2) To provide an environment that motivates students to pursue serious scholarship and to have experience in applying knowledge and skills and demonstrating achievement; (3) To encourage parental and community involvement in their student's education; (4) To provide Oregon students the skills necessary to pursue learning throughout their lives in an ever changing world; (5) To develop in Oregon students the core ethical values that our diverse society shares and holds important, including but not limited to, respect, responsibility, caring, trustworthiness, justice and fairness, and civic virtue and citizenship; and (6) To equip Oregon students with the academic and career skills and information necessary to pursue the future of their choice through a program of rigorous academic preparation and career readiness; and (7) To prepare students for successful transitions to the next phase of their educational development. Stat. Auth.: ORS 326.051 Stats. Implemented: ORS 326.011, 329.015, 329.025 & 336.067 Hist.: EB 9-1997, f. & cert. ef. 6-26-97; ODE 25-2008, f. &cert. ef. 9-26-08

Confidentiality
581-070-0210

Purpose
This Oregon Administrative Rule (OAR) provides information to the recipient and subrecipients when making decisions concerning the disclosure of information from participant records. The purpose of the OAR is: (1) To protect participants from unreasonable invasions into their privacy; (2) To give participants access to their records; and (3) To provide the circumstances where disclosure of information from participant records without participant consent is permissible. Stat. Auth.: ORS 285.035(5) & ORS 293.550 Stats. Implemented: Job Training Partnership Act, Public Law 97-300 Hist.: EDD 2-1990, f. 1-16-90, cert. ef. 1-22-90; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97, Renumbered from 123070-0210

581-070-0220

Definitions
As used in 581-070-0210 through 581-070-0240, the following definitions apply: (1) "Participant" means a person applying for or receiving training in programs conducted under the direction of the State Job Training Coordinating Council (State Council) as the State Council implements the federal Job Training Partnership Act (JTPA) (29 U.S.C. 1501 et seq.). (2) "Participant behavioral records" are records which include, but are not limited to, psychometric testing, personality evaluations, written transcripts of incidents relating to participant behavior, grades, conduct, personal and academic evaluations, counseling, alcohol or substance abuse evaluation and/or treatment, disciplinary actions, if any, and other personal evaluations. (3) "Participant records" include all participant records, participant behavioral records and documents which contain personally identifiable information maintained by the recipient and its subrecipients. (4) "Personally identifiable" means that the participant records include: (a) The name of the participant, the participant's parents; or other family members; (b) The address of the participant; (c) A personal identifier, such as the participant's Social Security number or phone number; (d) A list of personal or physical characteristics which would make the participant's identity easily traceable; or (e) Other information which would make the participant's identity easily traceable. (5) "Program staff" means Recipient and Subrecipient staff. (6) "Recipient" means the Governor.

(7) "Release" means to make participant records available to individuals, agencies or businesses for inspection in original or duplicate form. (8) "Subrecipient" means any person, organization or other entity which receives JTPA funds either directly or indirectly from the Governor. (9) "Surrogate" means an individual who acts in the place of a parent or guardian in safeguarding a participant's rights when the parent or guardian is unknown (the parent cannot be identified or ascertained by diligent inquiry), unavailable (after reasonable effort, the whereabouts of the parents cannot be ascertained) or the participant is a ward of the State. "Surrogate" may also apply to a designated legal guardian or advocate of an adult with a disability. Stat. Auth.: ORS 285.035(5) & ORS 293.550 Stats. Implemented: Job Training Partnership Act, Public Law 97-300 Hist.: EDD 2-1990, f. 1-16-90, cert. ef. 1-22-90; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97, Renumbered from 123070-0220; ODE26-2008, f. 10-23-08, cert. ef. 10-24-08

581-070-0230

Release of Participant Records

(1) No participant records shall be released without the express consent of the participant, the participant's parent or legal guardian or surrogate, except as noted in this rule. (2) A participant may provide written consent for the examination or release of his/her records. (3) A participant who is under the age of 18 and is not legally emancipated shall not authorize the release of any records pertaining to him/herself without the written consent of the participant's parent, legal guardian or surrogate unless otherwise provided for herein or in OAR 581-070-0240. Custodial and non-custodial parents share equal access to participant records unless a court order is presented to the contrary. (4) Records of participants who are at least 18 years of age, shall not be released to anyone, including the participant's parent, legal guardian or surrogate, without the written consent of the participant unless otherwise provided for herein or in OAR 581-070-0240. (5) Participant behavioral records shall be examined or released only in the presence of an individual qualified to explain or interpret the records. Staff whose job descriptions or positions require the ability to understand and interpret behavioral material shall be considered qualified to explain or interpret behavioral records. Specialized third party reports such as personality testing/interpretations, alcohol and substance abuse evaluations, and behavioral analysis reports shall only be interpreted by individuals who have specialized training and expertise in those areas. (6) A person qualified to interpret psychometric and vocational tests shall be able to show evidence of proper training to make such interpretations. Evidence of proper training consists of the approval of the test publishing company, usually through a test user's qualifications statement. (7) Information included in the participant records from another agency shall be released only with the written permission of: (a) The originating agency (if the records are behavioral records); and (b) The participant or the parent or legal guardian or surrogate, if the record is of a participant under age 18.

(8) Information gained as a result of conversations, conferences, or staff meetings regarding participant problems shall be considered part of a participant's records and must be kept confidential. (9) Oral release of participant records is prohibited except: (a) As required to meet emergency medical or other unusual circumstances, but only if the release of such information is necessary to protect the health and safety of the participant or other individuals; and (b) Among subrecipient staff, and subrecipients and their contractors when necessary for the provision of effective and efficient services. (10) The subrecipients shall establish policies for protecting the confidentiality of participant records and procedures for releasing or examining participant records which will include all of the following: (a) Hours during which participant record release or examination may occur; (b) That a written request for such release or examination must be made; (c) That the request specifically identify the participant record to be examined; (d) That the requestor provide his or her name and address; (e) The person to whom such requests should be directed (normally the custodian of records); (f) That the fee schedule for record production not exceed the actual cost of production, including staff time, in locating, reviewing and copying the records; and (g) A record of each release for which a participant or parent, legal guardian or surrogate's written consent is required shall be maintained which includes the name of the party seeking access, the date access was granted, and the purpose for which the party requested or was authorized to use the records. The records of disclosure should be kept with, but not released or examined as a part of, the participant's records. If participant behavioral records are released, the record of disclosure shall include the name of the individual who explained the behavioral portion of the records Stat. Auth.: ORS 285.035(5) & ORS 293.550 Stats. Implemented: Job Training Partnership Act, Public Law 97-300 Hist.: EDD 2-1990, f. 1-16-90, cert. ef. 1-22-90; EDD 6-1994, f. & cert. ef. 3-11-94; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97, Renumbered from 123-070-0230

581-070-0240

Release of Participant Records Without Written Consent

(1) Disclosure of Records to Comply With A Judicial Order or Subpoena. Participant records may be disclosed in compliance with judicial order, or pursuant to any lawfully issued subpoena. However, a reasonable effort (which would include documented attempts to contact by phone or, if unsuccessful, by certified letter) must be made to notify the participant, and the parent, legal guardian or surrogate, if the participant is under the age of 18, of any such order or subpoena in advance of the release to permit a proper challenge to the court order or subpoena. Behavioral records shall be released only in the presence of an individual qualified to explain or interpret the records. Unless the subpoena specifically requires the personal attendance of the custodian of records, copies of the records described in the subpoena may be mailed to the court.

(2) Disclosure of Records in Medical Emergencies or where a participant poses a clear and immediate danger to others. The recipient or its subrecipients may disclose personally identifiable information without participant, parent, legal guardian or surrogate consent to appropriate parties in connection with a medical emergency if knowledge of the information is necessary to protect the health or safety of the participant or other individuals. A medical emergency exists if the person is injured or, because of some other physical condition, the person is unconscious, delirious or otherwise unable to convey consent. The release should only be of information necessary to treat the emergency. Participant records may also be released to an appropriate authority if there is a clear and immediate danger to others or to society. An appropriate authority would be that person having the authority to deal with that danger. Release should include only that information which indicates why a clear and immediate danger exists. (3) Disclosure of Participant Records to Federal, State or Local Officials and Public Institutions. Participant records may be released to: (a) Authorized federal, State and local staff or their designees to whom such information is specifically required by law to be accessible for the purpose of auditing, monitoring, reporting or evaluation; (b) Provide information to State and local agencies administering ORS chapters 418 (Child Welfare Services) or 657 (Unemployment Insurance); or (c) Public institutions or agencies when the participant has applied to the institution or agency for assistance or service or is receiving such assistance or service, and the purpose of the institution or agency (if this can be clearly ascertained) is to protect or advance the welfare of the participant, but only if: (A) The confidential nature of the information will be preserved; (B) The information will be used only for the purposes for which it is made available; (C) The information, when provided, shall be for the exclusive use of the institution or agency to which it is submitted, and the institution or agency has written standards for safeguarding the confidential nature of the information. (d) Organizations, including state and federal workforce development, educational agencies and community colleges and their local boards, conducting studies for or on behalf of employment and training agencies, educational agencies, institutions or the State of Oregon Workforce Quality Council for purposes which may include developing, validating, or administering predictive tests, program enhancement or in order to develop statistical and demographic data to facilitate the creation of strategies to improve the education, training and quality of Oregon's workforce provided that: (A) The information shall be used only for the purposes for which it is made available; and (B) Personally identifiable information contained in the participant records has been transformed or otherwise encoded by a staff member from the agency releasing the records to a form usable by the organization conducting the study or, if applicable, to those standards required by the Workforce Quality Council's Shared Information System, in order to safeguard the identity of the participant. (e) Private auditing firms employed by the subrecipient to carry out monitoring of its programs for internal purposes; (f) Organizations conducting research provided that: (A) The information will be used only for the purposes for which it is made available; and

(B) Personally identifiable information has been transformed by a staff member from the agency releasing the records to a form usable by organizations conducting research, and which would not contain personally identifiable data or information. (g) Organizations who provide test scoring and/or data analysis provided that the test scoring and/or data analysis services: (A) Have established written practices to preserve the confidentiality of the records; and (B) Will not send reports containing participant personally identifiable information to anyone other than the organization requesting the service. (4) Participant record information will not be disclosed when such disclosure would constitute a clearly unwarranted invasion of personal privacy. Stat. Auth.: ORS 285.035(5) & ORS 293.550 Stats. Implemented: Job Training Partnership Act, Public Law 97-300 Hist.: EDD 2-1990, f. 1-16-90, cert. ef. 1-22-90; EDD 6-1994, f. & cert. ef. 3-11-94; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97, Renumbered from 123-070-0240