[Filed June 20, 2022, 5:37 a.m.]

Preproposal statement of inquiry was filed as WSR 22-10-073.

Title of Rule and Other Identifying Information: Chapter 132T-90 WAC, Implementation of the Family Rights and Privacy Act of 1974.

Hearing Location(s): On August 1, 2022, at 1:00 - 2:00 p.m., https://wwcc-edu.zoom.us/j/85437551986. Remotely via Zoom link.

Date of Intended Adoption: August 29, 2022.

Submit Written Comments to: Jean Hernandez, 500 Tausick Way, Walla Walla, WA 99362, email WACrevisions@gmail.com, by July 18, 2022.

Assistance for Persons with Disabilities: Contact Jean Hernandez, email WACrevisions@gmail.com, doreen.kennedy@wwcc.edu, by July 18, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending chapter 132T-90 WAC to update with current state and federal statutes and align with Walla Walla Community College's rules and regulations.

Reasons Supporting Proposal: See purpose above. Also explains Family Educational Rights and Privacy Act (FERPA) regulations and how they are applied by the college.

Statutory Authority for Adoption: RCW 28B.50.140; chapters 34.05 and 42.56 RCW. Washington Higher Education Administrative Procedure Act, FERPA (20 U.S.C. § 1232g) and its implementing regulation (34 C.F.R. § 99).

Rule is necessary because of federal law, FERPA (20 U.S.C. § 1232g) and its implementing regulation (34 C.F.R. § 99).

Name of Proponent: Walla Walla Community College, governmental.

Name of Agency Personnel Responsible for Drafting: Jean Hernandez, 500 Tausick Way, Walla Walla, WA 99362; Implementation and Enforcement: Office of the President, Walla Walla Community College, 509-527-4274.

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.

Chapter 132T-90 WAC

((IMPLEMENTATION OF THE)) FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

AMENDATORY SECTION(Amending Order 75-5, filed 5/20/75)

WAC 132T-90-010((Purpose.))The Family Educational Rights and Privacy Act (FERPA).

((The purpose of this chapter is to comply))Walla Walla Community College District 20 complies with the requirements of Public Law 93-380, § 513, of 1974, also annotated as 20 U.S.C.A. 1232, which law represents amendments to the General Education Provisions Act. As indication in the aforesaid law, its purpose is to assure that students attending institutions of higher education ((such as Walla Walla Community College)) shall have a right to inspect certain records and files intended for school use or made available to parties outside the college.

The student policy called confidentiality of student records (FERPA) provides additional information on student rights under FERPA, what directory information may be released by the college, and contact information for the U.S. Department of Education. The college catalog has a link for the release of information form and additional information on this student policy. Copies of the catalog and policy are available online at www.wwcc.edu. Questions and inquiries about FERPA policy and procedures should be directed to the college registrar.

The following sections of the Washington Administrative Code are repealed:

Right of inspection.

Availability of directory information.

Access permitted to college and certain other officials without consent.

Distribution of information to others.

Notice of rights given under Family Educational Rights and Privacy Act of 1974.

Requests for access to student records.

Determination regarding records.

Right of students to register objections.

WAC 132T-90-020	Definitions.
WAC 132T-90-030	Right of inspection.
WAC 132T-90-040	Availability of directory information.
WAC 132T-90-050	Access permitted to college and certain other officials without consent.
WAC 132T-90-060	Distribution of information to others.
WAC 132T-90-070	Notice of rights given under Family Educational Rights and Privacy Act of 1974.
WAC 132T-90-080	Requests for access to student records.
WAC 132T-90-090	Determination regarding records.
WAC 132T-90-100	Hearing procedure.
WAC 132T-90-110	Right of students to register objections.