EASTERN WASHINGTON UNIVERSITY

[Filed March 5, 2020, 2:58 p.m.]

Preproposal statement of inquiry was filed as WSR 19-23-061.

Title of Rule and Other Identifying Information: Amending chapter 172-191 WAC, Student education records.

Hearing Location(s): On May 11, 2020, at 10:00 a.m., at Eastern Washington University, Main Campus, 526 5th Street, 215A Tawanka Hall, Cheney, WA 99004.

Date of Intended Adoption: May 29, 2020.

Submit Written Comments to: Joseph Fuxa, Eastern Washington University, 526 5th Street, 211A Tawanka Hall, Cheney, WA 99004, email jfuxa@ewu.edu, fax 509-359-2874, by May 11, 2020.

Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 506-359-2874 [509-359-2874], email jfuxa@ewu.edu, by May 11, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 172-191-310 are needed to address changes in practice and procedure.

Reasons Supporting Proposal: The modifications are needed to address enrollment status as a form of directory information as well as changes to position titles regarding responsibilities for hearings.

Statutory Authority for Adoption: RCW 28B.35.120(12).

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

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 211A Tawanka Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

Pursuant to RCW 34.5.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rules pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Policy and Compliance Manager

AMENDATORY SECTION(Amending WSR 09-19-064, filed 9/14/09, effective 10/15/09)

WAC 172-191-070Hearings.

Following receipt of a request for a hearing under WAC 172-191-060, the registrar will schedule the hearing. The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will act as the hearing officer and will provide the student with written notice of the hearing's date, time and place reasonably in advance of the hearing. The student will be provided an opportunity to present evidence relevant to the contested part of the education record. The student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney.

(1) The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will render his/her decision in writing within a reasonable period of time following the hearing. The decision of the officer shall be the university's final decision. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. The ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee cannot have a direct interest in the outcome of the hearing.

(2) If the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee determines that the record is inaccurate, misleading, or in violation of the privacy rights of the student and grants the student's appeal, the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee will amend the education records of the student accordingly and inform the student in writing of his/her decision and of the amendment.

(3) If the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee determines that the record is accurate, not misleading and not in violation of the privacy rights of the student and denies the student's appeal, the ((associate))assistant vice president ((for enrollment services))and registrar or his/her designee shall notify the student of his/her decision in writing and shall inform them of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the decision of the university or both. The university must maintain the statement with the contested part of the record for as long as the record is maintained and must disclose the statement whenever it discloses the portion of the record to which the statement relates.

(4) The appropriateness of official academic grades is not subject to review pursuant to this process.

AMENDATORY SECTION(Amending WSR 18-06-024, filed 2/27/18, effective 3/30/18)

WAC 172-191-100Directory information.

Directory information is defined to include: Student's name, address, email address, telephone number, participation in officially recognized activities and sports, weight, height and birth dates of athletic team members; dates of attendance at the university, enrollment status, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

The university may release "directory information" unless the student files a written request restricting the disclosure of the information. A student's election to opt out of directory information disclosures does not prevent the university from disclosing or requiring a student to disclose his/her name, identifier, or university email address in a class in which the student is enrolled.