WSR 99-01-075

PREPROPOSAL STATEMENT OF INQUIRY

UNIVERSITY OF WASHINGTON

[Filed December 15, 1998, 9:15 a.m.]



Subject of Possible Rule Making: Chapter 478-140 WAC, Rules and regulations for the University of Washington governing disclosure of student records.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.20.130.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed revisions to the rules governing the disclosure of student records are necessary to ensure that the policies and practices of the University of Washington are in compliance with mandated modifications to the federal Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g.

The modifications to chapter 478-140 WAC include those mandated by:

1) The Student Right to Know and Campus Security Act which permits institutions to notify victims of violent crimes of the results of disciplinary proceedings and allows institutions to disclose information from a student's record if the parent or student has provided written consent;

2) The Higher Education Act Amendments of 1992 and the Campus Sexual Assault Victims Bill of Rights Act which exempt records created by police departments from being considered education records, define a disciplinary proceeding as an educational record, and require institutions to notify victims of sexual offenses of results of disciplinary proceedings; and

3) The Improving America's Schools Act of 1994 (IASA) which requires the dissemination of additional information to students and access to education records by students and parents; implements notification requirements prior to release of certain records in legal action; allows disclosure, without prior consent or notification, to certain state, local and school officials and when complying with certain subpoenas.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments or inquiries may be directed to Rebecca Goodwin Deardorff, Administrative Procedures Officer via one of the following routes: United States mail - University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203, campus mail - Box 355509, e-mail - adminpro@u.washington.edu, fax (206) 543-0786.

December 7, 1998

Rebecca Goodwin Deardorff

Administrative Procedures Officer

Legislature Code Reviser 

Register

Washington State Code Reviser's Office