Or. Admin. R. 715-045-0018 - Recordkeeping
(1) Schools must
furnish each prospective student, and have evidence of receipt acknowledged by
student signature at the time of enrollment, with the following items:
(a) A copy of the school's most recent
catalog that complies with OAR 581-045-0019, with any supplements and
correction sheets;
(b) Completion
and relevant program performance measures, including but not limited to
placement data, as required by accrediting agencies, or certification or state
licensing examination passage rates, or placement data for students enrolled in
the program for the last two years;
(c) A program outline for the program(s) in
which the student may potentially enroll that details the program outcomes,
broken down by course including, the core abilities and individual course
competencies addressed by the program(s); and
(d) Upon request of the student, a copy of or
the web address for the Oregon Revised Statutes and Oregon Administrative Rules
that govern Private Career Schools.
(2)
(a) At
the time of enrollment, a career school shall collect the following personally
identifiable information from each enrolled student:
(A) First and last name;
(B) Mailing address;
(C) County of residence;
(D) State of residence;
(E) Telephone number;
(F) E-mail address;
(G) Social Security number;
(H) Date of birth;
(I) Gender;
(J) Veterans status;
(K) Disability status;
(L) National origin; and
(M) Ethnicity or race.
(b) Schools shall use the following
categories to collect students' ethnicity or race data:
(A) Hispanic or Latino;
(B) Native American or Alaskan Native;
(C) Asian;
(D) Native Hawaiian or Pacific Islander;
(E) African American; and
(F) Caucasian.
(c) If a student refuses to
release his or her Social Security number, the school may assign an alternative
identification number.
(d)
Students must provide their own personally identifiable information. Career
school personnel may not enter personally identifiable information regarding a
student that was derived from personal observations.
(e) Career schools must record for the name
of the program in which each student has enrolled and the date on which each
student graduated, withdrew, or was expelled from the school. This information
must be reported to the commission at least once each year.
(3)
(a) Each career school must adopt policies
and procedures, and employ adequate safeguards, to protect their students'
personally identifiable information from misuse, inadvertent disclosure, or
theft.
(b) Career schools may not
disclose students' personally identifiable information to anyone other than:
(A) The student, or the student's parent or
guardian, if the student is a minor;
(B) The Higher Education Coordinating
Commission; or
(C) Other local,
state, or federal officials as allowed by law.
(c) Schools shall maintain students'
personally identifiable information in accordance with applicable laws,
including but not limited to the Oregon Consumer Identity Theft Prevention Act,
ORS 646A.600 to
646A.628, and any rules adopted
pursuant to ORS 646A.600 to
646A.628.
(4) Career schools shall maintain the student
information specified in subsection (2) of this section in an Excel
spreadsheet, or other electronic format identified by the commission. This
information must be delivered to the Commission at least once a year, and may
be included with the school's license renewal application, and may be delivered
on a USB drive, CD or DVD, or via other means identified by the commission.
(5)
(a) Upon enrollment, the student shall
receive a copy of his or her enrollment agreement, signed by the student and a
school official. The enrollment agreement must include a statement, located
above the signature line, informing the student that the enrollment agreement
is a binding contract. Thethe actual enrollment agreement will be retained by
the school;
(b) The school shall
maintain the student's signed enrollment agreement as part of the student's
file.
(6) Schools shall
maintain a file for each student that must include:
(a) A statement signed by the student at the
time of enrollment certifying receipt of all materials indicated in sections
(1) and (5) of this rule (or copies of materials where indicated);
(b) The student's actual signed enrollment
agreement;
(c) A copy of the
student's signed statement acknowledging receipt of any books, supplies, kits,
or other substantial materials required to participate in the instructional
program that are issued to the student subsequent to enrollment. The statement
must be itemized, indicate the fee paid by the student for the materials (if
any), and identify the date the materials were received by the student. If not
all materials are issued at the same time, the student must initial the date of
receipt each time materials are issued; alternatively, the materials list may
contain a statement to the effect that certain indicated materials will be
issued at the time of instruction when they are to be used. By initialing the
statement, students acknowledge that indicated materials are to be received at
a date that corresponds with the sequencing of the instructional program.
(d) If an orientation is offered
by the school on or before the first day of classes, an indication of
attendance signed by the student on that orientation day acknowledging that
school policies and procedures were explained and student questions were
answered.
(e) A copy of the
student's signed payment plan if separate from the enrollment agreement;
(f) A schedule of anticipated
student payments due, payments made, and copies of receipts for all payments;
(g) All documentation regarding
third party training contracts, e.g., NAFTA, Vocational Rehabilitation, etc.,
(h) Written progress reports that
shall include at a minimum information on how the student is progressing in
areas such as classroom attendance and performance (but not used as final
grades) updated at appropriate intervals;
(i) Progress reports may be maintained by
electronic means provided there is an electronic system in place with
sufficient security protocols to allow for student access while maintaining
confidentiality. A log of student access activity must be placed in the student
file at intervals corresponding with the stated progress report intervals to
demonstrate that the student is reviewing the progress report and receiving
appropriate feedback and improvement planning;
(j) Copies of any documentation required for
admission, or a written evaluation of required documentation, when appropriate,
signed by a member of the school admissions staff explaining scoring of
documentation and evaluation criteria;
(k) A copy of the results of any enrollment
evaluation or examination or evaluation of transfer credit or competencies, and
any calculations used to determine awarding of credit or hours; and
(l) Record of operations completed, if
applicable, with dates and scores received;
(7) The school must maintain each student's
file for a minimum of 3 years from the date the student graduated, withdrew, or
was expelled.
(8) Schools shall
maintain a record of each student's attendance, updated weekly. This record
shall include each student's dates and hours of attendance.
(9) Upon the student's satisfactory
completion of instruction, schools shall:
(a)
Issue an appropriate certificate or diploma; and
(b) Issue appropriate educational transcripts
that shall include, but are not limited to:
(A) School name and location;
(B) Student's name;
(C) First and last date of attendance;
(D) Specific program(s) taken;
(E) Clock and credit hours (if
applicable);
(F) Grade for each
course;
(G) Name of accrediting
agency, if the school is accredited;
(H) Statement indicating the school maintains
transcripts for a minimum of 25 years; and
(I) Signature of the appropriate school
official with school seal (if any) and date of issue.
(10) Schools shall maintain and
issue transcripts as follows:
(a) Store
transcripts in a safe, vault, or file having a minimum one-hour fire-safe
rating unless duplicate records are kept in a safe location outside the school
building. The address of locations outside the school building must be on file
with the Department;
(b) Keep
transcripts of all former students that include the information described in
subsection (5)(b)(A)-(H) of this rule for a period of no less than 25 years
from date of termination of enrollment. Transcripts must be stored under the
same conditions as described in paragraph (a) of this subsection;
(c) Make a student's records available to the
student upon request. Availability of records shall comply with the "Family
Educational Rights and Privacy Act" (
Public Law
93-380 as amended by
Public Law
93-568). The educational institution shall
respond within a reasonable period of time, but not more than 45 days after
receipt of the request;
(d)
Deliver to the Superintendent all permanent student transcripts for safekeeping
if the school should cease to operate. The Superintendent will maintain the
transcripts of all closed schools. If available, certified copies of the
transcripts will be provided, when a written request signed by the student, is
received at the Department. A non-refundable search fee of $10 must accompany
the request; and
(e) A school may
withhold an official transcript, certificate of completion, or diploma if the
student has any outstanding debt owed to the school. Forms, letters,
questionnaires, or other material printed or written for the purpose of debt
collection must clearly and conspicuously state that they are used for the
purpose of attempting to collect a debt or attempting to obtain information
concerning a debtor.
Notes
Stat. Auth.: ORS 345.325
Stats. Implemented: ORS 345.325
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