S-4374

AN ACT Relating to disclosure of social security numbers by schools and school districts; and adding new sections 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) and (3) 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 social security number for employment purposes. Employment records containing student 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 number;

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

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

(3)(a) Longitudinal studies that involve the disclosure of student 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. Permission for student participation in a longitudinal study may be granted only in writing by the student age eighteen or older or by the parent of a student under age eighteen. 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 study and disclosure of the 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 social security number;

(v) How long the 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 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 social security number.

(4)(a) No official, employee, contractor, or agent of an educational institution or agency may release a student's social security number except as provided in subsections (2) and (3) of this section without the written consent of the student age eighteen or older or the parent or legal guardian of a student under age eighteen. 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 number;

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

(iv) Who will have access to the number.

(b) 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 social security number.

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

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

(7) 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.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

Every school district shall establish and implement a district-wide policy that requires all student information and records to be destroyed within thirty days of a student's high school graduation, except for the following:

(1) Grades or progress reports;

(2) Student transcripts; and

(3) Standardized test results.