| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Education Committee | |
SB 6453
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Clarifying the timeline for release of education records to the department of social and health services.
Sponsors: Senators Tom, McAuliffe, Rasmussen, Oemig, Kline and Shin.
Brief Summary of Bill |
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Hearing Date:
Staff: Cece Clynch (786-7195).
Background:
In a dependency proceeding, a child may be placed temporarily outside his or her home, with the
Department of Social and Health Services (DSHS) overseeing the child's care and supervision.
The federal Family Educational and Privacy Rights Act (FERPA) generally prohibits educational
agencies and institutions which receive federal funds from releasing educational records without
parental consent. The FERPA contains a few exceptions to the general rule, including a
provision which allows disclosure pursuant to state statute if: (1) the disclosure concerns the
juvenile justice system and such system's ability to effectively serve the student whose records
are released; and (2) the officials to whom such information is disclosed certify in writing to the
educational agency or institution that the information will not be disclosed to any other party,
except as provided under state law, without the prior written consent of the student's parent.
Since 1980, Washington has had in place a statute which allows the release of education records
to the DSHS, provided that the DSHS certifies that it will not disclose to any other party the
education records, without prior written consent of the parent or student, unless specifically
authorized to disclose the records under state law. The state law specifically authorizes the
DSHS to disclose educational records it obtains to a foster parent, guardian, or other entity
authorized by the DSHS to provide residential care to the student.
The law does not specify a time within which these records must be provided to the DSHS.
Summary of Bill:
Education records of students who are dependent under the "Juvenile Court Act - Dependency
and Termination of Parent-Child Relationship" must be transmitted to the DSHS within two
school days after the request is received from the DSHS.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.