WSR 10-17-059

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 12, 2010, 2:51 p.m. , effective September 12, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To be in compliance with Federal U.S. Code Title 5 Part 1 Chapter 5--552a. We are required to amend WAC 392-300-025 to reflect that the office of superintendent of public instruction shall not disclose any record by any means of communication to any person except pursuant to a written request by, or with prior consent of, the individual to whom the record pertains.

Citation of Existing Rules Affected by this Order: Amending WAC 392-300-025 and 392-300-035.

Statutory Authority for Adoption: RCW 28A.400.303.

Adopted under notice filed as WSR 10-13-019 on June 4, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 392-300 [2], Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 27, 2010.

Randy Dorn

State Superintendent

OTS-3239.1


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

WAC 392-300-025   Access to record check information by district employee or applicant.   All district employees and applicants shall have access to record check information about them maintained by the superintendent of public instruction or designee. ((Any record of arrest and prosecution (RAP sheet) received from the Washington state patrol or the Federal Bureau of Investigation shall be sent promptly by the superintendent of public instruction to the district employee or applicant undergoing the record check.)) Any additional information collected by the superintendent of public instruction or designee as a result of the investigation of any data shall be available for inspection and copying by the district employee or applicant to whom it pertains during normal office hours in the office where the information is located. Information that is gathered as part of an ongoing investigation, ((excluding RAP sheets,)) shall not be released to the district employee or applicant until the investigation is completed.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-025, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending WSR 09-02-024, filed 12/30/08, effective 1/30/09)

WAC 392-300-035   Requests for record check information.   In accordance with the requirements of RCW 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, record check information is obtainable by district employees or applicants to whom it pertains when they comply with the following procedures:

((A)) The request shall be made in writing. The district employee or applicant shall complete, sign and return the request for Background Check Results form located at http://www.k12.wa.us/profpractices/fingerprint. The written request shall be presented to the fingerprint records office of the superintendent of public instruction during customary office hours or may be mailed or faxed to the office. The request shall include the following information:

(1) The name of the person requesting the record;

(2) The time of day and the calendar date on which the request was made;

(3) The nature of the request;

(4) Height, weight and date of birth of individual fingerprinted; and

(5) Social Security number of individual fingerprinted (optional).

[Statutory Authority: RCW 42.56.100. 09-02-024, 392-300-035, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-035, filed 8/19/96, effective 9/19/96.]

Washington State Code Reviser's Office