WSR 07-10-045

PROPOSED RULES

WHATCOM COMMUNITY COLLEGE


[ Filed April 26, 2007, 8:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-06-087.

Title of Rule and Other Identifying Information: Chapter 132U-03 WAC, Organization; chapter 132U-104 WAC, Board of trustees -- Bylaws -- Meetings; and chapter 132U-280 WAC, Family Educational Rights and Privacy Act (FERPA).

Hearing Location(s): Whatcom Community College, Laidlaw Center Boardroom, 237 West Kellogg Road, Bellingham, WA 98226, on Thursday, June 28, 2007, at 3:00 p.m.

Date of Intended Adoption: July 11, 2007.

Submit Written Comments to: Bets Nelson, 237 West Kellogg Road, Bellingham, WA 98226, e-mail bnelson@whatcom.ctc.edu, fax (360) 676-2171, by June 18, 2007.

Assistance for Persons with Disabilities: Contact Bill Culwell, Disabilities Support Director, by June 18, 2007, TTY (360) 647-3279 or (360) 676-2170 ext. 3320.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise location of campus operations; add reference to web site for information; change board of trustees' meetings; update FERPA.

Reasons Supporting Proposal: New buildings on the WCC campus require changes to locations of operations; new technology, specifically a web site is a new source of public information; a new board of trustees has changed the day they will meet; technology and college practices require revisions to the FERPA chapter.

Statutory Authority for Adoption: RCW 28B.50.130 and 28B.50.140.

Rule is necessary because of federal law, Family Educational Rights and Privacy Act.

Name of Proponent: Whatcom Community College, governmental.

Name of Agency Personnel Responsible for Drafting: Bets Nelson, 237 West Kellogg Road, Bellingham, WA 98226, (360) 676-2170 ext. 3275; Implementation and Enforcement: Patricia Onion, 237 West Kellogg Road, Bellingham, WA 98226, (360) 676-2170 ext. 3276.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary implications are attached to this policy. No costs imposed on small business through adoption of these rule amendments.

A cost-benefit analysis is not required under RCW 34.05.328. No economic impact. Rules relate to internal college operations.

April 25, 2007

Patricia Onion

Vice President for

Educational Services


AMENDATORY SECTION(Amending WSR 90-05-043, filed 2/15/90, effective 3/18/90)

WAC 132U-03-020   Organization -- Operation -- Information.   (1) Organization. Whatcom Community College is established in Title 28B RCW as a public institution of higher education. The institution is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office of Whatcom Community College is at the following address:


237 West Kellogg Road

Bellingham, Washington 98226


The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. ((Educational operations are also located at the following addresses))


((245 Marine Drive))

((Blaine, Washington 98230))


((1600 Grover Street))

((Lynden, Washington 98264))


(3) Information. Additional and detailed information concerning the educational offerings may be obtained from the College website or catalog, copies of which are available at the following address:


((Admissions Office))

Entry and Advising Center

Whatcom Community College

237 West Kellogg Road

Bellingham, Washington 98226

[Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW. 90-05-043, 132U-03-020, filed 2/15/90, effective 3/18/90.]


AMENDATORY SECTION(Amending WSR 90-05-043, filed 2/15/90, effective 3/18/90)

WAC 132U-03-030   Rules coordinator.   The rules coordinator for this institution shall have an office located at the office of the ((president)) Vice President for Educational Services, with the following mailing address:


((Office of the President))

Educational Services Office

Whatcom Community College

237 West Kellogg Road

Bellingham, WA 98226

[Statutory Authority: RCW 28B.50.140, chapters 34.05 and 69.41 RCW. 90-05-043, 132U-03-030, filed 2/15/90, effective 3/18/90.]


AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-104-030   Meetings of the board of trustees.   The board customarily holds monthly meetings on the second ((Tuesday)) Wednesday of each month at such place as it may designate. Notices of the time and place of all regular and special meetings shall be governed by the requirements of chapter 42.30 RCW Open Public Meetings Act.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-104-030, filed 7/8/88.]



Chapter 132U-280 WAC

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT Last Update: 7/8/88 WAC


132U-280-010 ((Confidentiality of student records)) Purpose.
132U-280-015 Definitions ((of a student)).
132U-280-020 ((Education records -- ))Student's right to inspect and review records.
132U-280-025 Request((s and)) to amend records - appeal procedure((s)).
132U-280-030 Release of ((personally identifiable)) education records.
132U-280-035 College ((records)) compliance.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Whatcom Community College and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-010   ((Confidentiality of student records)) Purpose.   The college continually receives requests from outside sources for information about students, both past and present. ((The staff and faculty of the college are reminded that)) Under the authority of 20 U.S.C. 1232(g), the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, directs the college to adopt a policy on student education records to insure that information contained in such records is treated in a responsible manner with due regard to the personal nature of the information contained in those records. ((In order to prevent embarrassment or possible legal involvement of the college and its employees because of improper disclosure of information, it is important that college policy be implemented in the release of such information.)) The college shall annually notify students currently in attendance of their rights under this Act.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-010, filed 7/8/88.]


AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-015   Definitions. ((of a student.   A)) (1)(a) The term "education records" shall mean those records that are directly related to a student and maintained by the college.

(b) The term "education records" does not mean:

(i) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

(ii) Records related to a person who is employed by the college, are made and maintained in the normal course of business, relate exclusively to such person in that person's capacity as an employee, and are not available for any other use.

(iii) Records on a student which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional capacity, or assisting in a paraprofessional capacity and which are created, maintained or used only in connection with the treatment of the student, and are not available to anyone other than persons providing such treatment; provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the college.

(iv) Records that only contain information about an individual after he or she is no longer a student.

(v) The college does not maintain confidential educational records regarding student political or ideological beliefs or associations.

(c) "Student" is defined as any person who is or has been officially registered at Whatcom Community College ((and with respect to)) for whom the college maintains education records or personally identifiable information.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-015, filed 7/8/88.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-020   ((Education records -- ))Student's right to inspect and review records.   (1) A student has the right to inspect and review his or her education records.

(((a) For purposes of this section the term "education records" means those records, files, documents, and other materials which contain information directly related to a student.

(b) The term "education records" does not include:

(i) Records of instructional, supervisory and administrative personnel which exist solely for the use of the maker and which are not accessible or revealed to any other person except a substitute.

(ii) In the case of persons who are employed by an educational institution but who are not attending that institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for any other use.

(iii) Records on a student which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity and which are created, maintained or used only in connection with the treatment of the student, and are not available to anyone other than persons providing such treatment; provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(2)(a) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (b), (c), and (d) of this subsection.

(b) The student may specifically release his right to review where the information consists only of confidential recommendations respecting:

(i) Admission to any educational institution; or

(ii) An application for employment; or

(iii) Receipt of an honor or honorary recognition.

(c) A student's waiver of his or her right of access to confidential statements shall apply only if:

(i) The student is, upon request, notified of the names of all persons making confidential statements concerning him, and

(ii) Such confidential statements are used solely for the purpose for which they were originally intended, and

(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the college.

(d) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under (a) of this subsection. Such records shall remain confidential and shall be released only with the consent of the author. Such records shall be used by the institution only for the purpose for which they were originally intended.

(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to the student.))

(((4))) (2) ((Students have the right to obtain)) If circumstances prevent the student from inspecting and reviewing his or her records, the college shall provide copies of the((ir)) education records. Charges for the copies shall not exceed the cost normally charged by the college (except in cases where charges have previously been approved by the boards of trustees' action for certain specified services((, such as)); e.g. official transcripts. ((and grade sheets).))

(((5) The college registrar is the official custodian of academic records and therefore is the only official who may issue a transcript of the student's official academic record.))

(3) Limitations on right to inspect and review records.

(a) If the education records of a student contain information on more than one student, the student may inspect and review or be informed of only the specific information about that student.

(b) The college does not have to permit a student to inspect and review education records that are:

(i) Financial records, including any information those records contain about a student's parents.

(ii) Confidential letters and confidential statements of recommendation placed in the student's education records, if:

(1) The student has waived his or her right to inspect and review those letters and statements; and

(2) Those letters and statements are related to the students admission to an education institution, application for employment, or receipt of an honor or honorary recognition.

(c) A waiver under paragraph (b)(ii) of this section is valid only if:

(i) The college does not require the waiver as a condition for admission to or receipt of a service or benefit from the agency or institution; and

(ii) The waiver is made in writing and signed by the student, regardless of age.

(d) If a student has waived his or her rights under paragraph (b)(ii)(2) of this section, the college shall:

(i) Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and

(ii) Use the letters and statements of recommendation only for the purpose for which they were intended.

(e) A waiver under paragraph (b)(ii)(2) of this section may be revoked, in writing, with respect to any actions occurring after the revocation.

(((6))) (4) Student education records may be destroyed in accordance with ((a department's)) the college's routine retention schedule. However, in no case will any record which ((is requested)) exists at the time the request is made by a student for review in accordance with this section and WAC 132U-280-025 be removed or destroyed prior to providing the student access.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-020, filed 7/8/88.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-025   Request((s and)) to amend education records - appeal procedure((s)).   (1) A request by a student ((for review of information)) to amend an education record should be made in writing to the college individual ((or office)) who created the record or, if no longer employed by the college, the department having custody of the ((particular)) record.

(2) An individual or ((office)) department must respond to a request ((for)) to amend education records within a reasonable period of time, but in no case more than ((thirty)) forty five days after the request has been made. A college individual or ((office which is unable to comply with)) department that denies a student's request or is unable to comply with the request within the above-state time period shall inform the student of that fact and the reasons in writing.

(3)(a) A student who feels that his or her request has not been properly answered by a particular individual or ((office)) department or who feels that the information contained in those records is incorrect should contact the appropriate ((dean)) supervisor responsible for the individual or ((office)) department for mediation.

(b) In cases where a student remains dissatisfied after consulting with the appropriate ((dean)) supervisor, the student may then request a hearing by the appropriate vice president or his or her designee(s). If the vice president is also the supervisor who handled the matter in (3)(a), it will be referred to another vice president who does not have a direct interest in the outcome of the hearing. Following the hearing, the hearing officer shall render his or her decision, in writing, within a reasonable period of time. In all cases, the decision of the hearing officer shall be final.

(c) In no case shall any ((request for review)) appeal by a student be considered by the college which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.

(d) The college shall not review any matter regarding the appropriateness of official academic grades or disciplinary records beyond that provided for in WAC 132U-120-2100, et seq.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-025, filed 7/8/88.]


AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-030   Release of ((personally-identifiable)) education records.   (1) The college shall not permit access to or ((the)) release of education records or personally identifiable information contained therein, ((other than "directory information")) without the written consent of the student, to any party other than the ((following)) student.

(2) The college may permit access or release of education records, without student consent, under the following conditions:

(a) College ((staff, faculty and students when officially appointed to a faculty council or administrative committee,)) officials, when the information is required for a legitimate educational interest within the performance of their responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those responsibilities. College officials will be defined by college policy and made public through the college's annual Notification of Student Rights under FERPA, which will be published in the college catalog and on the college's public website.

(b) Federal and state officials requiring access to education records in connection with the audit and evaluation or a federally or state-supported education program or in connection with the enforcement of the federal or state legal requirements which relate to such programs. In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students and their parents to other than those officials and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation or enforcement of legal requirements.

(c) ((Agencies or individuals)) Agency officials requesting information in connection with a student's application for, or receipt of financial aid((.)), if the information is necessary to determine eligibility, amount or conditions of aid, or to enforce the terms and conditions of aid.

(d) Organizations conducting studies for or on behalf of the college for purposes of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purposes for which it was provided.

(e) Accrediting organizations in order to carry out their accrediting functions.

(f) Any person or entity designated by judicial order or lawfully issued subpoena or court order, upon condition that the student is notified of all such ((orders or)) subpoenas or court orders in advance of the compliance therewith((.)); except for subpoenas or court orders that specifically direct the college not to disclose the existence or contents of the subpoena or court order. Any college individual(s) or ((office)) department(s) receiving a subpoena or ((judicial)) court order for education records should immediately notify the ((attorney general)) college registrar who will contact the college's assigned attorney general for assistance.

(g) Certain items of personally identifiable information, commonly referred to as "directory" information, to parties who demonstrate a legitimate educational interest, as determined by the college. Directory information will be defined by college policy and made public through the college's annual Notification of Student Rights under FERPA, which will be published in the college catalog and on the college's public website.

(h) Officials from the U.S. Department of Defense for the purpose of military recruiting, as authorized under 32 CFR Part 216 (Solomon Amendment), which requires the college to provide "student recruitment directory information" regarding students at least 17 years of age who are registered for at least one credit. Students who have formally requested the college withhold "directory information" are excluded.

(i) Any other officials with legitimate educational interest as authorized under CFR 99.31 and identified via the annual Notification of Student Rights under FERPA, which is published in the college catalog and on the college public website.

(3) In cases where records are made available without student release as permitted by subsection (((1))) (2)(b), (c), (d), (e), ((and)) (f) and (i) of this section, the college shall maintain a record kept with the education record released which will indicate the parties which have requested or obtained access to a student's records maintained by the college and which will indicate the legitimate interest of the investigating party. Releases in accordance with subsection (((1))) (2)(a) (g) and (h) of this section need not be recorded.

(((2))) (4) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the ((person)) student giving such consent, and shall include:

(a) A specification of the records to be released;

(b) The reasons for such release; and

(c) The names of the parties to whom such records will be released.

(((4))) (5) Personally identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally identifiable form to any other parties without obtaining consent of the student.

(((5) The term "directory information" used in subsection (1) of this section is defined as student's name, address, telephone number, dates of attendance, and degrees and awards received. Students may request that the college withhold directory information except through written notice to the registration office.))

(6) Students may direct the college to withhold "directory" information, referred to in (2)(g) and (h), through written notification to the college registrar at any time throughout the student's enrollment at the college.

(((6))) (7) Information from education records may be released by a college official to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).

(8) The college registrar is the official custodian of education records and is the only official who can issue an official transcript of the student's academic record.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-030, filed 7/8/88.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 88-15-005, filed 7/8/88)

WAC 132U-280-035   College ((records)) compliance.   ((All)) The college ((individuals or offices having custody of education records)) will develop policies and procedures ((in accord with WAC 132U-280-010 through 132U-280-040.)) to implement WAC 132U-280 and all college individuals or offices having custody of education records will comply with those policies and procedures. ((Any supplementary regulations found necessary by departments will be filed with)) The college ((which)) will be responsible for periodic review of all related polic((y))ies and procedures.

((No records shall be kept that reflect a student's political or ideological beliefs or associations.))

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 88-15-005 (Order 88-03), 132U-280-035, filed 7/8/88.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office