WSR 03-16-068

PROPOSED RULES

WASHINGTON STATE

SCHOOL FOR THE DEAF

[ Filed August 4, 2003, 11:01 a.m. ]

     Continuance of WSR 03-15-015.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Chapter 148-280 WAC, Family Educational Rights and Privacy Act of 1974.

     Purpose: To implement federal regulatory changes regarding educational records, resulting from amendments to the Family Educational Rights and Privacy Act, state laws, RCW 13.40.480 and 28A.225.330; and to revise school policy on disclosure of directory information.

     Statutory Authority for Adoption: RCW 72.42.041.

     Statute Being Implemented: 20 U.S.C. § 1232g, RCW 13.40.480 and 28A.225.330.

     Summary: Changes are needed to comply with the federal regulatory changes related to the protection and disclosure of educational records as a result of the amendments to Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, its implementing regulations at 34 C.F.R. part 99; amendments to state laws related to school security and sharing of information in the juvenile justice system; and to revise school policy on disclosure of directory information.

     Reasons Supporting Proposal: Required by federal and state law.

     Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation: Dr. John Davis, Interim Superintendent, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400; and Enforcement: Superintendent, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400.

     Name of Proponent: Washington State School for the Deaf, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The new and revised rules implement the federal regulatory changes related to the protection and disclosure of educational records as a result of the amendments to Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g and its implementing regulations at 34 C.F.R. part 99. Revisions and new rules are also necessary to implement state laws related to school security and sharing of personally identifiable information within and outside of the school, including other participants in the juvenile justice system. The school policy governing disclosure of directory information is being revised to allow disclosure of certain types of information in education records that is not generally considered harmful, and its release is not considered an invasion of a student's privacy. The revision of policy is consistent with FERPA regulations which require the school to provide public notice to parents and students of the types of personally identifiable information designated as directory information and the right to refuse disclosure of any or all of such information.

     Proposal Changes the Following Existing Rules: As described above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington State School for the Deaf.

     Hearing Location: Washington State School for the Deaf, Administrative Conference Room, 611 Grand Boulevard, Vancouver, WA 98661, on September 4, 2003, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Judy Smith by August 29, 2003, TTY (360) 414-0401 or (360) 414-0401.

     Submit Written Comments to: Bonnie Terada, Assistant Attorney General, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, fax (360) 696-6291, by August 29, 2003.

     Date of Intended Adoption: September 4, 2003.

July 30, 2003

Bonnie Y. Terada

Assistant Attorney General

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