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

     Purpose: HB 2996 passed by the 2010 Washington state legislature directs the office of superintendent of public instruction (OSPI) to provide administrators of approved private schools in Washington state with access to OSPI's electronic record data base.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-300-050 and 392-300-070.

     Statutory Authority for Adoption: RCW 28A.400.305

      Adopted under notice filed as WSR 10-17-057 on August 12, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 21, 2010.

Randy Dorn

State Superintendent

of Public Instruction

OTS-3367.2

AMENDATORY SECTION(Amending WSR 07-19-012, filed 9/7/07, effective 10/8/07)

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, Bureau of Indian Affairs funded schools, authorized employees of approved private schools, 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) Authorized employees of Bureau of Indian Affairs funded schools.

     (8) Authorized employees of approved private schools.

     (9) 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.410.090. 07-19-012, § 392-300-050, filed 9/7/07, effective 10/8/07. Statutory Authority: RCW 28A.150.290(1). 02-06-044, § 392-300-050, filed 2/27/02, effective 3/30/02. 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.]

     (1) Definitions of private school terms.

     (a) "Subject individual" means: Any person, certified or classified employed by a private school in a position having regularly scheduled, unsupervised access to children;

     (b) "Regularly scheduled, unsupervised access to children" means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;

     (c) "Fee" means the total charges assessed to process fingerprint cards through the Washington state patrol and Federal Bureau of Investigation records check;

     (d) "Information to be required" means all information requested by the office of the superintendent of public instruction;

     (e) "Convictions of crimes" means, notwithstanding any other statutes or Washington administrative rule, conviction of a crime listed in WAC 180-86-013, or being under indictment for any of the crimes listed in WAC 180-86-013;

     (f) "Private school" means a school that is approved with the Washington state board of education under chapter 180-90 WAC.

     (2) The office of the superintendent of public instruction shall request criminal information from the Washington state patrol and the Federal Bureau of Investigation in the manner prescribed by law. A fee shall be charged for such services.

     (3) Upon the private school's submission of the completed fingerprint cards and information form, the office of the superintendent of public instruction shall review the criminal records of subject individual.

     (4) ((The office of the superintendent of public instruction shall not provide copies of criminal records to anyone except as provided by law. The private school will receive a copy of subject individual's record of arrest and prosecution (RAP) sheet from the Washington state patrol. The subject individual will be sent a copy of his or her personal criminal records.

     (5) For the Federal Bureau of Investigation portion, the superintendent of public instruction or designee shall notify the private school if the subject individual has been convicted of a crime listed in WAC 180-86-013, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Washington under a different statutory name or number; if the subject individual falsified information on the application form; or if the subject individual has no conviction of crimes as listed in WAC 180-86-013.

     (6))) OSPI will send conviction information to administrators of approved private schools as allowed under RCW 10.97.050.

     (5) The office of the superintendent of public instruction shall assure the destruction of all fingerprint cards, facsimiles or other materials from which fingerprints can be reproduced used by Washington state patrol or Federal Bureau of Investigation.

     (((7))) (6) Only cards and forms approved by the office of the superintendent of public instruction will be accepted. The office of the superintendent of public instruction will hold fingerprint cards on file and notify the private school and subject individual when there is no fee, an incorrect fee, when necessary information is missing from the fingerprint cards, or the information form was not received.

     (((8))) (7) The office of the superintendent of public instruction will return to the private school any fingerprint cards that the Washington state patrol or Federal Bureau of Investigation rejects for poor quality prints. The private school will be responsible for having the subject individual submit additional prints as required.

     (((9))) (8) The superintendent's office shall maintain a record of all properly submitted fingerprint cards in the current records data base for a period of at least two years. The record shall include at least the following:

     (a) Card sequence number;

     (b) Name of private school submitting the cards;

     (c) Date cards received at the Washington state patrol;

     (d) Date letter regarding incomplete card was sent to the subject individual with a copy to the private school (only if applicable);

     (e) Date Washington state patrol received fingerprint cards;

     (f) Date private school was notified of Washington state patrol criminal history record or clearance;

     (g) Date private school was notified of Federal Bureau of Investigation record or lack of record.

     This WAC will remain in effect through June 30, 2011.

[Statutory Authority: RCW 28A.400.303. 09-04-031, § 392-300-070, filed 1/29/09, effective 3/1/09. Statutory Authority: RCW 28A.410.010, 28A.400.305. 00-21-077, § 392-300-070, filed 10/17/00, effective 11/17/00.]

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