BILL REQ. #:  H-4264.1 

Read first time 01/17/2006.   Referred to Committee on Education.

     AN ACT Relating to student privacy and directory information; and adding a new section to chapter 28A.230 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.230 RCW to read as follows:
     (1) It is the intent of the legislature, in the interest of student confidentiality, that school districts minimize the release of student telephone numbers and other directory information in the absence of express parental consent. The legislature finds that the nondisclosure of student telephone numbers and other directory information reduces the possibility of harassment of students and their families by organizations that received student information.
     (2) By September 1, 2006, each school district shall adopt a policy and procedures for providing separate written notice to every public high school student and his or her parent or legal guardian. The notice shall inform the parent or legal guardian and the student:
     (a) Of their right to request, pursuant to 20 U.S.C. Sec. 7908(a)(2), that the student's directory information not be released to recruiters without the prior written consent of the student's parent or guardian or the student; and
     (b) That if they do not request that the student's directory information be withheld from some or all recruiters by the thirtieth day of the new school year, the school may release the student's directory information if requested to do so by a recruiter.
     (3) The district shall provide the notice required by subsection (2) of this section in English and in any other languages the district provides other district-wide written notice to students, parents, or guardians.
     (4) The notice provided under subsection (2)(a) and (b) of this section shall clearly distinguish among categories of recruiters and provide parents, guardians, and students with the option of requesting that directory information not be released to a particular category or categories of recruiters. At a minimum, the categories of recruiters shall be broken into (a) higher education and vocational education recruiters and employers and (b) military recruiters. A request that a student's information not be released to a particular category of recruiters does not prohibit a school from releasing information to recruiters in any other category.
     (5) The notice required by this section shall be sent to parents or guardians and students for each new school year. A school district shall not release directory information to any recruiter, except upon express written consent from the parent, guardian, or student, after the last day of the school year or before the forty-fifth day after the notice is sent.
     (6) Each school district shall establish procedures for taking appropriate action with regard to recruiters who engage in dishonest, unscrupulous, or deceptive recruiting practices.
     (7) The definitions in this subsection apply throughout this section.
     (a) "Directory information" has the same meaning as in 20 U.S.C. Sec. 1232g(a)(5)(A), which states that "the term... relating to a student includes the following: the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student."
     (b) "Recruiter" means anyone who seeks to solicit a student to attend or apply to a particular educational or vocational institution or program, apply for employment with a private or public employer, or enlist in the military.