AN ACT Relating to disclosure of social security numbers by schools and school districts; and adding a new section to chapter 28A.320 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

(1) School districts and public schools may not request the disclosure of a student's federal social security number, except as provided in subsections (2), (3), and (5) of this section.

(2)(a) A school district or public school may request the disclosure of a student's federal social security number for the purpose of seeking medicaid reimbursement for covered services to eligible students under RCW 74.09.5241 through 74.09.5256, or for the purpose of compliance with federal law explicitly requiring such disclosure.

(b) If the student is an employee of the school district, a school district or public school may request disclosure of a student's federal social security number for employment purposes. Employment records containing student federal social security numbers shall be maintained separately from student records.

(c) Any school district or public school requesting the disclosure of a student's federal social security number under this subsection (2) must use a consent form, to be signed by the parent or guardian, that contains a disclosure statement printed on the form. The disclosure statement must include the following:

(i) Whether the disclosure is mandatory or voluntary;

(ii) The information that will be collected or matched using the federal social security number;

(iii) What federal or state law, rule, or regulation requires the disclosure; and

(iv) Who will have access to the federal social security number.

(d) A parent's or guardian's general consent for another purpose, including medical consent or any consent used to approve admission to or involvement in a special education or remedial program or regular school activity, does not constitute consent to disclosure of the student's federal social security number.

(3)(a) Longitudinal studies that involve the disclosure of student federal social security numbers must first be reviewed and approved by the local school board. The board may permit a school, school district, or the superintendent of public instruction to request voluntary student participation in longitudinal studies related to education. Any request for disclosure of a student's federal social security number for this purpose must include a disclosure statement with the following information:

(i) An explanation that participation in the longitudinal study and disclosure of the federal social security number are voluntary;

(ii) An itemization of all information that will be gathered about the student or the student's family;

(iii) Who will have access to the information;

(iv) Who will have access to the federal social security number;

(v) How long the longitudinal study will last;

(vi) What will happen to the information after completion of the longitudinal study; and

(vii) The date the school board reviewed and approved participation in the longitudinal study.

(b) A parent's or guardian's general consent for another purpose, including medical consent or any consent used to approve admission to or involvement in a special education or remedial program or regular school activity does not constitute consent to disclose the student's federal social security number.

(4)(a) No official, employee, contractor, or agent of an educational institution or agency may release a student's federal social security number without the written consent of the parent or legal guardian, except as provided in (b) of this subsection. The request for release must include the following information:

(i) Whether the disclosure is mandatory or voluntary;

(ii) The information that will be collected or matched using the federal social security number;

(iii) What federal or state law, rule, or regulation requires the disclosure; and

(iv) Who will have access to the federal social security number.

(b)(i) A school district or public school may release a student's federal social security number for the purpose of seeking medicaid reimbursement for covered services to eligible students under RCW 74.09.5241 through 74.09.5256, or for the purpose of compliance with federal law explicitly requiring such release.

(ii) If the student is an employee of the school district, a school district or public school may release a student's federal social security number for employment purposes.

(c) A parent's or guardian's general consent for other purposes, including medical consent or any consent used to approve admission to or involvement in a special education or remedial program or regular school activity, does not constitute consent to disclosure of the student's federal social security number.

(5)(a) A school district may disclose student federal social security numbers to the work force training and education coordinating board for research purposes as provided in subsection (6) of this section. Before release, the school district shall provide written notification to the parent or guardian. The notification shall include:

(i) An explanation that disclosure of the federal social security number is voluntary and that no benefit is contingent upon disclosure;

(ii) That the signed consent by the parent or guardian is required for the disclosure of the federal social security number;

(iii) That the federal social security number shall be used for research purposes only;

(iv) That the research shall be conducted by the work force training and education coordinating board or the agent of the work force training and education coordinating board;

(v) That research and data management personnel only shall have access to the federal social security number;

(vi) That research and data management personnel shall not disseminate individually identifiable information to other persons; and

(vii) That a description of the research study shall be on file at the school district and available for public review. The description shall include the information that will be gathered and collated about the student or the student's family, who will have access to the information, who will have access to the federal social security number, how long the study will last, and what will happen to the information gathered after the original study is completed.

(b) Written consent to the disclosure of the federal social security number by the parent or guardian following the notification required in (a) of this subsection shall be considered as meeting the requirements of subsection (4)(a)(i) through (iv) of this section.

(6) In performing their duties to evaluate the effectiveness of vocational education at the secondary level, the work force training and education coordinating board may request school districts to provide access to student records including federal social security numbers.

(7) This section shall not be construed as prohibiting a school district from developing an individual student identification number, unrelated to the student's federal social security number, to identify and maintain education records on students enrolled in the district.

(8) A student's federal social security number may only be used for the purpose it was collected and for which the student's parent or legal guardian has given prior written consent.

(9) It is unlawful for any public school or public school district to deny a student any right, benefit, or privilege provided by law because the student or the student's parent or legal guardian refuses to disclose the student's federal social security number.

(10) For the purposes of this section, if a student has attained eighteen years of age, the permission or consent required of and the rights accorded to the parent or guardian of the student shall thereafter only be required of and accorded to the student.