WSR 97-19-022

PROPOSED RULES

COMMUNITY COLLEGES

OF SPOKANE

[Filed September 8, 1997, 3:53 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-15-040.

Title of Rule: WAC 132Q-06-030 Release of personally-identifiable records, 132Q-20-020 Definitions (parking and traffic), and 132Q-94-125 Pets prohibited in college buildings.

Purpose: To update existing rules. WAC 132Q-06-030 Release of personally identifiable records, this regulation applies to a student's official record and is governed by federal rules under the Federal Education Records and Privacy Act (FERPA). The United States Department of Education has amended its rules to suspend student notification when a court or other agency order seeking a student's record specifically orders that the student not be notified of the request when an institution complies with such order. The proposed change makes the CCS rule consistent with this federal change. WAC 132Q-20-020 Definitions, this rule is under the chapter regarding parking and traffic regulations. Community Colleges of Spokane parking permits are labeled "student" or "faculty." For parking permits only, the proposed amended rule defines all employees as "faculty" for parking permits. WAC 132Q-94-125 Pets prohibited in college buildings, the current rule prohibits pets in college buildings with the exception of "guide or service dogs" for the disabled. Recent state legislation has expanded the term "guide or service dog" to include service animals. The proposed amendment incorporates that change.

Statutory Authority for Adoption: RCW 28B.50.140.

Summary: Housekeeping amendments to existing rules.

Reasons Supporting Proposal: To update existing rules to be consistent with recent changes in institutional practices, external agency regulations, and recent state legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Geoffrey J. Eng, Spokane, Washington, (509) 533-7435.

Name of Proponent: Community Colleges of Spokane District, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments govern only internal operations of the institution and have no effect on businesses.

RCW 34.05.328 does not apply to this rule adoption. Proposed amendments govern only internal operations of the institution and are not subject to violation by a nongovernment party except WAC 132Q-94-125 which is amended to be consistent with chapter 271, Laws of 1997, regular session.

Hearing Location: President's Conference Room, Administration Building, Spokane Falls Community College, 3410 West Fort George Wright Drive, Spokane, WA 99204-5288, on November 18, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Geoffrey J. Eng by November 11, 1997, TDD (509) 533-7466, or (509) 533-7435.

Submit Written Comments to: FAX (509) 533-8193, by November 17, 1997.

Date of Intended Adoption: November 18, 1997.

September 2, 1997

Geoffrey J. Eng

District Director of

Affirmative Action

Administrative Services

AMENDATORY SECTION (Amending WSR 92-14-042, filed 6/24/92)

WAC 132Q-06-030 Release of personally-identifiable 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:

(a) College personnel faculty and students when officially appointed to a faculty council or administrative committee, 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.

(b) Federal and state officials requiring access to education record in connection with the audit and evaluation of a federally-supported 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 individual's requesting information in connection with a student's application for or receipt of financial 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 the 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, upon condition that the student is notified of all such orders or subpoenas in advance of the compliance therewith unless the court or other issuing agency orders the college not to notify the student before compliance with the subpoena. The college president, the president's designee, or office(s) receiving a subpoena or judicial order for education records should immediately notify the attorney general.

(2) 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 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.

(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e) and (f) 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)(a) of this section need not be recorded.

(4) 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 listing, date and place of birth, major field of studies, participation in officially-recognized activities, weight and height of members of athletic teams, dates of enrollment, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Students may request that the college not release directory information except through written notice to the vice president of student services.

(6) Information from education records may be released 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).

[Statutory Authority: RCW 28B.50.140. 92-14-042, 132Q-06-030, filed 6/24/92, effective 7/25/92; 90-21-018, 132Q-06-030, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), 132Q-06-030, filed 7/23/87; Order 76-1, 132Q-06-030, filed 1/26/76.]

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 92-14-036, filed 6/24/92)

WAC 132Q-20-020 Definitions As used in this chapter the following words and phrases shall mean:

(1) "Board" shall mean the board of trustees of Washington State Community College District 17.

(2) "Campus" shall mean any or all real property owned, operated or maintained by Washington State Community College District 17.

(3) "vice president of student services" shall mean the vice president of student services of Spokane Community College or Spokane Falls Community College.

(4) "College" shall mean any community college or separate instructional unit which may be created by the board of trustees of Washington State Community College District 17.

(5) "Faculty" shall mean any employee of Washington State Community College District 17 which includes full-time and part-time faculty, administrators, counselors, librarians, or department heads who are employed by any community college administered by the board of trustees.

(6) "Campus patrol" shall mean an employee of the college, or a law enforcement student, who is responsible to the vice president of student services for campus security.

(7) "Student" shall mean any person who is enrolled in any community college operated by Washington State Community College District 17.

(8) "Vehicle" shall mean an automobile, truck, motor-driven cycle, scooter, or any vehicle empowered by a motor.

(9) "Visitors" shall mean any person or persons, excluding students as previously defined, who come upon the campus as guests and person or persons who lawfully visit the campus for purposes which are in keeping with the colleges' role as institutions of higher learning in the state of Washington.

(10) "Permanent permits" shall mean permits which are valid for a school term.

(11) "Temporary permits" shall mean permits which are valid for a specific period designated on the permit.

[Statutory Authority: RCW 28B.50.140. 92-14-036, 132Q-20-020, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-020, filed 7/23/87; Order 72-5, 132Q-20-020, filed 10/9/72; Order 71-4, 132Q-20-020, filed 7/26/71.]

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

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 87-16-010 (Resolution No. 27), filed 7/23/87)

WAC 132Q-94-125 Pets prohibited in college buildings For reasons of health, sanitation, and safety, no person shall be permitted to bring or leave any dog, cat, or any other pet in any school building, nor leave such pet unattended on any district property. All dogs, cats, or other pets of any kind shall be and remain on a leash while on any district property. This section does not apply to the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled person who requires the services and assistance of a guide dog and/or trained service dog animal as defined in by chapter 70.87 RCW law.

[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), 132Q-94-125, filed 7/23/87.]

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.