BATES TECHNICAL COLLEGE

[Filed June 30, 2020, 11:14 a.m.]

Preproposal statement of inquiry was filed as WSR 20-04-043.

Title of Rule and Other Identifying Information: Amending chapter 495A-280 WAC to align with current policies and practices for Bates Technical College.

Hearing Location(s): On August 14, 2020, at 9:30 - 10:30 a.m.

Zoom, virtual public hearing. See https://batestech.zoom.us/j/91639906215 Zoom address under comment.

Date of Intended Adoption: October 1, 2020.

Submit Written Comments to: Dr. Jean Hernandez, 1101 South Yakima Avenue, Room A332, Tacoma, WA 98405-4895 AND to email below due to COVID-19 working remotely, email jehernandez@batestech.edu, by July 31, 2020.

Assistance for Persons with Disabilities: Contact Dr. Jean Hernandez, email jehernandez@batestech.edu, by July 31, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending to align with current policies and practices for Bates Technical College.

Reasons Supporting Proposal: See purpose above.

Statutory Authority for Adoption: Chapters 34.05, 42.56 RCW; RCW 28B.50.140.

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

Name of Proponent: Bates Technical College, governmental.

Name of Agency Personnel Responsible for Drafting: Dr. Jean Hernandez, Bates Technical College, jehernandez@batestech.edu; Implementation and Enforcement: Office of the President, Bates Technical College, kbryson@batestech.edu.

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.

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(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Special Assistant to the President

AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)

WAC 495A-280-010General policy.

Bates Technical College, District 28, implements the policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act (FERPA)(20 U.S.C. §1232g) and its implementing regulation (34 C.F.R. §99). ((Briefly,)) Bates Technical College, District 28, is required to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information and to notify students of these rights.

AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)

WAC 495A-280-015Definitions.

For the purposes of this policy, the following definitions of terms apply:

(1) "Student" ((means any individual who is or has been in attendance at Bates Technical College and for whom the college maintains education records.

(2)))is someone who is currently or previously enrolled in a course offering at Bates Technical College, District 28. A student includes all persons taking courses at or through the college whether on a full-time or part-time basis and whether such courses are credit courses, noncredit courses, online courses, continuing education, or contract courses.

(2) "Family Educational Rights and Privacy Act" and "FERPA" mean the law and regulations known by those names (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

(3) "Education records" are defined as those records, files and documents (in handwriting, print, tapes, film, microfiche or other medium) maintained by Bates Technical College which contain information directly related to the individual student. Education records include only the following:

(a) Records pertaining to admission, advisement, registration, grading, and progress toward a degree or certificate that are maintained by the registrar.

(b) Testing information used for advisement purposes by the counseling center.

(d) Financial aid information as collected by the financial aid office.

(e) Information regarding students participating in student government that is maintained by the student programs office.

(((3)))(4) "Directory information" means:

(a) The student's name((, address, telephone number, date and place of birth,));

(b) Major field of study((, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student));

(d) Dates of attendance;

(e) Participation in recognized activities;

(f) Credentials (i.e., degrees, certificates, etc.); and

(g) Honors.

Directory information may be disclosed at the discretion of the college and without the consent of the student unless ((he or she))they elect((s)) to prevent disclosure as provided for ((in WAC 495A-280-070))as outlined in college policy.

(((4)))(5) "Written consent" means a written authorization for disclosure of student education records which is:

(a) Signed;

(b) Dated;

(d) Which specifies to whom disclosure is authorized.

(((5)))(6) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s), or other family members; a personal identifier such as the student's Social Security number or student number; or a list of personal characteristics which would make the student's identity easily traceable.

(7) "College registrar" is a college administrator designated by the vice president for student services to be responsible for overseeing FERPA unless the vice president for student services assigns a different administrator as the designee.

(8) "RCW" means Revised Code of Washington and can be accessed at http://apps.leg.wa.gov/rcw/.

(9) "WAC" means the Washington Administrative Code and can be accessed at http://app.leg.wa.gov/wac/.

The following sections of the Washington Administrative Code are repealed:

Annual notification of rights.

Procedure to inspect education records.

Disclosure of education records.

Limits on rights to review and inspect and obtain copies of education records.

Record of request and disclosures.

Disclosure of directory information.

Requests for corrections, hearings, adding statements to education records.

Type and location of education records.

WAC 495A-280-020	Annual notification of rights.
WAC 495A-280-030	Procedure to inspect education records.
WAC 495A-280-040	Disclosure of education records.
WAC 495A-280-050	Limits on rights to review and inspect and obtain copies of education records.
WAC 495A-280-060	Record of request and disclosures.
WAC 495A-280-070	Disclosure of directory information.
WAC 495A-280-080	Requests for corrections, hearings, adding statements to education records.
WAC 495A-280-090	Fees for copies.
WAC 495A-280-100	Waiver.
WAC 495A-280-110	Type and location of education records.