BILL REQ. #:  H-3923.2 

Prefiled 01/07/08. Read first time 01/14/08.   Referred to Committee on Education.

     AN ACT Relating to student directory information; adding a new section to chapter 28A.600 RCW; and creating a new section.

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

NEW SECTION.  Sec. 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 protects and respects the privacy of students and their families from organizations that received student information.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) At the beginning of each school year, each school district shall provide a separate written notice to every public high school student and his or her parent or legal guardian that informs the students, parents, and guardians:
     (a) Of their right to request, pursuant to 20 U.S.C. Secs. 7908(a)(2) and 1232g(a)(5)(B), that the student's directory information not be released 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.
     (2) The district shall provide the notice required by this section in English and in any other languages the district provides other districtwide written notice to students, parents, or guardians.
     (3) The notice provided under 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 divided 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 shall not prohibit a school from releasing information to recruiters in any other category.
     (4) 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.
     (5) A student, parent, or guardian may request at any time that the student's directory information not be released, and such a request shall be honored by the school district.
     (6) A school or school district that allows access to any recruiter also must consider allowing access on the same basis and to the same extent to students and student records by recruiters and representatives of the job corps, the peace corps, and AmeriCorps.
     (7) The superintendent of public instruction shall develop and post on its web site a model notice and request form for withholding directory information that complies with the requirements of this section. The model notice and request form must provide a brief explanation of the federal requirement that student directory information be shared unless the student, parent, or guardian requests the information be withheld. School districts may adopt the model notice and request form or may use a form developed by the school district.
     (8) School districts are encouraged to incorporate the request form for withholding directory information as part of enrollment and student information forms regularly distributed to and collected from parents and guardians at the beginning of each school year.
     (9) 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, public, or nonprofit employer, volunteer with an organization, or enlist in the military.