EASTERN WASHINGTON UNIVERSITY

[Filed October 29, 2020, 12:52 p.m.]

Preproposal statement of inquiry was filed as WSR 20-18-035.

Title of Rule and Other Identifying Information: WAC 172-191-050 Obtaining copies of records.

Hearing Location(s): On December 8, 2020, at 9:00 a.m., at Eastern Washington University, Main Campus, 526 5th Street, Cheney, WA 99004. This will be a virtual meeting via Zoom. The link to participate in the Zoom meeting is https://ewu.zoom.us/j/91923365877.

Date of Intended Adoption: December 11, 2020.

Submit Written Comments to: Annika Scharosch, Eastern Washington University, Main Campus, 526 5th Street, 211 Tawanka Hall, Cheney, WA 99004, email ascharosch@ewu.edu, fax 509-359-6724, by December 8, 2020.

Assistance for Persons with Disabilities: Contact Annika Scharosch, phone 509-359-6724, fax 509-359-2874, email ascharosch@ewu.edu, by December 8, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to a new state law, the WAC is being updated to eliminate language regarding outstanding debts owed to the university as a means to withhold educational records.

Reasons Supporting Proposal: Required by state law.

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

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

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 211 Tawanka Hall, 509-359-7496; Implementation and Enforcement: Dr. David May, 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.[0]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 rule 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 172-191-050Obtaining copies of records.

Students may obtain copies of their education records. The office of the registrar is the only office which may issue an official transcript of the student's academic record. Charges for copies shall not exceed the cost normally charged by the university copy center (except in cases where charges have previously been approved for certain specified services).

(1) The university may refuse to provide copies of education records including transcripts and diplomas in the following circumstances:

(a) If the record is a secure exam as determined by the department that maintains the exam, so that the integrity of such exams may be protected; and/or

(b) ((If the student has outstanding debts owed to the university, so that the university may facilitate collection of such debts; and/or

(c))) If disciplinary action is pending or sanctions are not completed.

(2) The university must provide copies of education records, subject to the provisions of subsection (1) of this section, in the following circumstances:

(a) If failure to do so would effectively prevent the student from inspecting and reviewing a record;

(b) When records are released pursuant to a student's consent and the student requests copies; and/or

(c) When the records are transferred to another educational institution where the student seeks to attend or intends to enroll and the student requests copies.