(1) All participant records maintained by the local workforce development boards or any public or private agency involved in programs under the federal Workforce Innovation and Opportunity Act shall be confidential and except as provided in ORS 660.300 to 660.420 shall be open for inspection only in accordance with policies adopted by the Higher Education Coordinating Commission. (2) A participant may provide written consent for the examination or release of any record pertaining to the participant. (3) All information contained in participant files shall be available for inspection by the participant and by the participants parent or legal guardian if the participant is under 18 years of age. Participant behavioral records shall be released only in the presence of an individual qualified to explain or interpret the records. (4) The commission may adopt policies and rules to provide the circumstances under which participant names or records may be made available for inspection when: (a) Ordered by a court of competent jurisdiction. (b) Necessary to protect the health or safety of a participant or another. (c) Necessary to provide information to state and local agencies administering ORS 412.001 to 412.161 and 412.991 and ORS chapters 418 and 657, other programs under the federal Workforce Innovation and Opportunity Act and other mandatory programs under this states one-stop service delivery system. (d) Necessary for program staff work or studies of a statistical or demographic nature. (e) Necessary to carry out the planning and coordinating functions between state and local agencies under the federal Workforce Innovation and Opportunity Act, other applicable state laws or those functions assigned by the Education and Workforce Policy Advisor. [Formerly 285A.446; 2015 c.366 60; 2017 c.185 34; 2017 c.297 12]
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