WSR 18-12-064 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed June 1, 2018, 9:29 a.m., effective July 2, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: (1) Require providers who participate in the working connections child care and seasonal child care programs to use the department of early learning's (DEL) or a DEL-approved electronic attendance system to track when program-eligible children receive child care; and (2) establish requirements that other systems must comply with in order to be approved for use. Citation of Rules Affected by this Order: New WAC 170-290-0126. Adopted under notice filed as WSR 18-09-106 on May 22, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: June 1, 2018. Heather Moss Director
NEW SECTION
WAC 170-290-0126 Electronic attendance records.
(1) Providers must use the department's electronic attendance recordkeeping system or a department-approved electronic attendance recordkeeping system to record a child's attendance.
(2) The electronic attendance recordkeeping system must:
(a) Record an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar authentication by the parent or designee when signing the child in and out of the provider's care;
(b) Ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against alterations of the electronic records;
(c) Produce an authentic, verifiable record for each transaction that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;
(d) Prove the identity of the sender of the record;
(e) Uniquely identify each record;
(f) Capture an electronic record for each transaction conducted;
(g) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed and managed as a unit;
(h) Retain electronic records in an accessible form for their legal minimum retention period;
(i) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;
(j) Produce authentic copies of electronic records and supply them in usable formats for business purposes and all public access purposes;
(k) Contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:
(i) The contents of the electronic record;
(ii) The method used to sign the electronic record, if applicable;
(iii) The person signing the electronic record; and
(iv) The date when the signature was executed.
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