PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-11-056.
Title of Rule and Other Identifying Information: Fingerprint record checks -- Access to records -- Privacy.
Hearing Location(s): Brouillet Conference Room, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 Washington Street, Olympia, WA 98504-7200, on September 4, 2007, at 9:00 a.m.
Date of Intended Adoption: September 5, 2007.
Submit Written Comments to: Charles Schreck, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Charles.Schreck@k12.wa.us, fax (360) 753-4201, by September 3, 2007.
Assistance for Persons with Disabilities: Contact Penny Coker by September 3, 2007, (360) 725-6130.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are being made as required under SB 5382, which amended RCW 28A.400.303 and 28A.400.305.
Statutory Authority for Adoption: RCW 28A.400.303, 28A.400.305.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [Superintendent of public instruction], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Charles Schreck, OPP/Fingerprint, (360) 725-6130.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
July 19, 2007
Dr. Terry Bergeson
State Superintendent
OTS-9886.1
AMENDATORY SECTION(Amending WSR 02-06-044, filed 2/27/02,
effective 3/30/02)
WAC 392-300-015
Definition -- District employee.
As used
in this chapter, "district employee" shall mean any individual
currently employed by or being considered for employment by a
school district, a school district contractor, the state
school for the deaf, the state school for the blind, an
educational service district, ((or an)) educational service
district contractor, or a Bureau of Indian Affairs funded
school.
[Statutory Authority: RCW 28A.150.290(1). 02-06-044, § 392-300-015, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-015, filed 8/19/96, effective 9/19/96.]
(1) Employees of the superintendent of public instruction processing record check information including employees within the fingerprint records section, the office of professional practices, the legal services section, the certification section or their equivalents in case of future agency reorganization.
(2) Authorized employees of school districts.
(3) Authorized employees of educational service districts.
(4) Authorized employees of college or universities with state board of education approved certification programs.
(5) Authorized employees of the state school for the deaf.
(6) Authorized employees of the state school for the blind.
(7) Authorized employees of Bureau of Indian Affairs funded schools.
(8) Other authorized individuals as determined by the superintendent of public instruction or designee.
Access to the data base will be controlled by a confidential password issued by the superintendent of public instruction.
[Statutory Authority: RCW 28A.150.290(1). 02-06-044, § 392-300-050, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-050, filed 8/19/96, effective 9/19/96.]
[Statutory Authority: RCW 28A.150.290(1). 02-06-044, § 392-300-055, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-055, filed 8/19/96, effective 9/19/96.]
(1) Protect the confidentiality of fingerprint record information, including the secure location of RAP sheets;
(2) Limit access to authorized personnel processing or requiring fingerprint record information to make employment decisions; and
(3) Prevent the unlawful redissemination of fingerprint record information.
Noncompliance with these provisions may allow for the recovery of civil damages under applicable federal and state statutes.
[Statutory Authority: RCW 28A.150.290(1). 02-06-044, § 392-300-060, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-060, filed 8/19/96, effective 9/19/96.]