WSR 01-23-032

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 13, 2001, 4:40 p.m. ]

     Title of Rule: Chapter 392-300 WAC, Fingerprint record checks--Access to records--Privacy.

     Purpose: To align WAC with RCW changes by legislature.

     Statutory Authority for Adoption: RCW 28A.150.290(1).

     Statute Being Implemented: RCW 28A.400.303.

     Summary: To amend the rule by adding the State School for the Deaf and the State School for the Blind as well as amend RCW references.

     Reasons Supporting Proposal: Per passage of legislative rule.

     Name of Agency Personnel Responsible for Drafting and Implementation: Linda Harrison, Office of Superintendent of Public Instruction, (360) 725-6133; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 725-6111.

     Name of Proponent: Office of Superintendent of Public Instruction, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: To add Washington School for the Deaf and the Washington School for the Blind to existing fingerprint rule and allow their access to fingerprint results.

     Proposal Changes the Following Existing Rules: Adds the Washington School for the Deaf and the Washington School for the Blind as agencies to access fingerprint results.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY January 22, 2002.


November 13, 2001

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5306.1


AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96, effective 9/19/96)

WAC 392-300-015   Definition -- District employee.   As used in this chapter, "district employee" shall mean any individual currently employed by or being considered for employment by a school district, a school district contractor, the state school for the deaf, the state school for the blind, an educational service district, or an educational service district contractor.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-015, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96, effective 9/19/96)

WAC 392-300-050   Access to record check data base.   School districts, the state school for the deaf, the state school for the blind, educational service districts, colleges and universities shall establish written policies or procedures to determine which employees are authorized to access the data base. Access to the superintendent of public instruction's record check data base shall be limited to:

     (1) Employees of the superintendent of public instruction processing record check information including employees within the fingerprint records section, the office of professional practices, the legal services section, the certification section or their equivalents in case of future agency reorganization.

     (2) Authorized employees of school districts.

     (3) Authorized employees of educational service districts.

     (4) Authorized employees of college or universities with state board of education approved certification programs.

     (5) Authorized employees of the state school for the deaf.

     (6) Authorized employees of the state school for the blind.

     (7) Other authorized individuals as determined by the superintendent of public instruction or designee.

     Access to the data base will be controlled by a confidential password issued by the superintendent of public instruction.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-050, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96, effective 9/19/96)

WAC 392-300-055   Prohibition of redissemination of fingerprint record information by educational service districts ((or)), the state school for the deaf, the state school for the blind, school districts.   Fingerprint record information is highly confidential and shall not be redisseminated to any organization or individual by any educational service district, state school for the deaf, state school for the blind, or school district.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-055, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96, effective 9/19/96)

WAC 392-300-060   Protection of fingerprint record information by educational service districts, state school for the deaf, state school for the blind, and school districts.   Educational service districts, state school for the deaf, state school for the blind, and school districts shall have policies and procedures to:

     (1) Protect the confidentiality of fingerprint record information, including the secure location of RAP sheets;

     (2) Limit access to authorized personnel processing or requiring fingerprint record information to make employment decisions; and

     (3) Prevent the unlawful redissemination of fingerprint record information.

     Noncompliance with these provisions may allow for the recovery of civil damages under applicable federal and state statutes.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-060, filed 8/19/96, effective 9/19/96.]

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