FINAL BILL REPORT

                  ESSB 5274

                           FULL VETO

                     As Passed Legislature

Brief Description:  Limiting disclosure of students' social security numbers.

Sponsors:  Senate Committee on Education (originally sponsored by Senators Schow, Hochstatter, Zarelli, Stevens, Strannigan, Rasmussen, Deccio, Benton, Roach, Horn and Winsley).

Senate Committee on Education

House Committee on Education

Background:  Federal law (the Privacy Act of 1974) requires all governmental agencies requesting the disclosure of an individual's Social Security number to notify the individual of the following:  (1) whether disclosure of the number is required or optional; (2) which authority permits the agency to request disclosure of the number; (3) how the number will be used; and (4) the consequences for failure to provide the number.

Currently, state laws do not provide limitations on a public school=s request for disclosure of a student=s Social Security number.

Summary:  School districts are prohibited from requesting a student=s Social Security number, except for employment purposes if the student is a school employee, for Medicaid reimbursement purposes, or when explicitly required by federal law.  When a school district requests disclosure of a student=s Social Security number, the school must use a consent form that contains a disclosure statement and is signed by the parent or guardian.  The disclosure statement must include the following:  (1) whether disclosure is mandatory or voluntary; (2) which federal or state statute or regulation requires the disclosure; (3) how the number will be used; and (4) who will have access to it.  It is unlawful for a public school to deny a student any right, benefit, or privilege if a student or parent refuses to disclose the Social Security number.

No school employee may release a student=s Social Security number without written consent, except in limited circumstances.  The request for release must include the following:  (1) whether disclosure is mandatory or voluntary; (2) which federal or state statute or regulation requires the disclosure; (3) how the number will be used; and (4) who will have access to it.

Schools may develop an individual student identification number, unrelated to the student=s Social Security number, to maintain student records.

Votes on Final Passage:

Senate 45 4

House     64 32 (House amended)

Senate    32 13 (Senate concurred)