PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-05-096.
Title of Rule and Other Identifying Information: WAC 392-300-025 and 392-300-035, access to record check information by district employee or applicant.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 South Washington Street, Olympia, WA 98504, on July 27, 2010, at 10:30 a.m.
Date of Intended Adoption: July 27, 2010.
Submit Written Comments to: Catherine Slagle, 600 Washington Street, Olympia, WA 98504, e-mail Catherine.slagle@k12.wa.us, fax (360) 725-6136, by July 26, 2010.
Assistance for Persons with Disabilities: Contact Kristin Collins by July 26, 2010, TTY (360) 664-3631 or (360) 725-6270.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule change will provide consistency with the federal rule records maintained on individuals title 5 Part I Subchapter II 552a for district employees or applicants on how to obtain a copy of a RAP sheet.
Reasons Supporting Proposal: Alignment with federal policy.
Statutory Authority for Adoption: RCW 28A.400.303.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Catherine Slagle, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6136; and Enforcement: Martin Mueller, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6175.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not necessary for this rule change.
A cost-benefit analysis is not required under RCW 34.05.328.
June 4, 2010
Randy Dorn
State Superintendent
OTS-3239.1
AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96,
effective 9/19/96)
WAC 392-300-025
Access to record check information by
district employee or applicant.
All district employees and
applicants shall have access to record check information about
them maintained by the superintendent of public instruction or
designee. ((Any record of arrest and prosecution (RAP sheet)
received from the Washington state patrol or the Federal
Bureau of Investigation shall be sent promptly by the
superintendent of public instruction to the district employee
or applicant undergoing the record check.)) Any additional
information collected by the superintendent of public
instruction or designee as a result of the investigation of
any data shall be available for inspection and copying by the
district employee or applicant to whom it pertains during
normal office hours in the office where the information is
located. Information that is gathered as part of an ongoing
investigation, ((excluding RAP sheets,)) shall not be released
to the district employee or applicant until the investigation
is completed.
[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-025, filed 8/19/96, effective 9/19/96.]
((A)) The request shall be made in writing. The district
employee or applicant shall complete, sign and return the
request for Background Check Results form located at
http://www.k12.wa.us/profpractices/fingerprint. The written
request shall be presented to the fingerprint records office
of the superintendent of public instruction during customary
office hours or may be mailed or faxed to the office. The
request shall include the following information:
(1) The name of the person requesting the record;
(2) The time of day and the calendar date on which the request was made;
(3) The nature of the request;
(4) Height, weight and date of birth of individual fingerprinted; and
(5) Social Security number of individual fingerprinted (optional).
[Statutory Authority: RCW 42.56.100. 09-02-024, § 392-300-035, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), § 392-300-035, filed 8/19/96, effective 9/19/96.]