PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Family Education Rights and Privacy Act.
Purpose: This rule establishes that student records are confidential and can be released only with written permission of the student except for information that is considered to be directory information.
Statutory Authority for Adoption: RCW 28B.50.140.
Summary: The rule identifies primary rights of students concerning their education records; defines who may have access to them; identifies where records can be requested; establishes for what purposes records may be requested and by whom; designates what information is considered directory information; and tells students how they may request a correction to their educational records.
Reasons Supporting Proposal: The Family Education Rights and Privacy Act was established by federal law 93-380. This chapter provides information for students about their rights under the law at Bellevue Community College.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tika Esler, B125, (425) 564-2206.
Name of Proponent: Bellevue Community College, public.
Rule is necessary because of federal law, 20 U.S.C. § 1232g; 34 C.F.R. § 99.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule will help students know their rights for access to their student records under the federal law and explain how Bellevue Community College will protect their student information. It will also tell them how they may appeal for corrections to their record and identify what kinds of general directory information the college has the right to publish.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule has no impact on small business.
RCW 34.05.328 does not apply to this rule adoption. The proposed rule incorporates by reference without material change federal statutes.
Hearing Location: Bellevue Community College, 3000 Landerholm Circle, S.E., Room B125, Bellevue, WA 98007-6484, on February 26, 2002, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Susan Gjolmesli by February 20, 2002, TDD (425) 564-4110, or (425) 564-2498.
Submit Written Comments to: Elise Erickson, Bellevue Community College, Room A201, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, fax (425) 564-2261, by February 25, 2002.
Date of Intended Adoption: April 24, 2002.
January 11, 2002
Elise J. Erickson
Rules Coordinator
[NEW SECTION]WAC 132H-410-010 Family Education Rights and Privacy Act -- General policy. Bellevue Community College implements policy contained in this chapter in compliance with Public Law 93-380, the Family Educational Rights and Privacy Act of 1974 ("FERPA"). This law establishes that the education records of students attending or having attended the college are confidential and can be released only with written permission of the student. The Family Educational Rights and Privacy Act also authorizes the college to release so-called "directory information" without that prior written permission.
The college has adopted procedures to implement the Family Educational Rights and Privacy Act. Questions pertaining to the procedures and their implementation should be directed to the Associate Dean of Enrollment Services.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-020
Definitions.
For the purposes of this
policy, the following definitions apply:
1. Student -- any person who attends or has attended Bellevue Community College.
2. Education Records -- any record (in handwriting, print, tapes, film, computer, e-mail, or other medium) maintained by Bellevue Community College or an agent of the college which is directly related to a student, except:
a. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
b. Records created and maintained by Campus Security for law enforcement purposes.
c. An employment record of an individual whose employment is not contingent on the fact that he or she is a student (work-study employment is NOT an exception), provided that the record is used only in relation to the individual's employment.
d. Records made or maintained by the Student Health Center or the Human Development Center, if the records are used only for treatment of a student and are made available only to those persons providing the treatment
e. Alumni records which only contain information about a student after he or she is no longer in attendance at the college and which information does not relate to the person as a student.
3. Directory Information. "Directory Information" is that information routinely released without the student's permission. This includes: name of student, student's email address, degree or certificate awarded, dates of attendance, athletic statistics, scholarships received, membership or office in BCC student government or honor society, part-time or full-time student status, and previous schools attended.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-030
Annual notification of rights.
Bellevue
Community College will provide students annual notification of
their rights are defined by FERPA by publication in the student
handbook and college catalog and by posting information in the
student services building.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-040
Primary rights of students.
The primary
rights of students under FERPA are:
1. To inspect and review their education records;
2. To request amendment of their education records;
3. To have some control over the disclosure of information from their education records.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-050
Inspection of education records.
Students
may inspect and review their education records upon written
request to the Associate Dean of Enrollment Services identifying
the record(s) the student wishes to inspect.
The Associate Dean of Enrollment Services will make the needed arrangements for access within 45 days from the receipt of the student's written request. If the requested records are not maintained by the office of the Associate Dean, then the Associate Dean shall forward the request to the appropriate college official. If the requested records contain information about more than one student, the student may inspect and review only the records or portions of records which relate to him or her.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-060
Limitation on right of access.
Bellevue
Community College reserves the right to refuse to permit a
student to inspect the following records:
1. the financial statement of the student's parents;
2. letters and statements of recommendation for which the student has waived his or her right of access, or which were maintained before January 1, 1975;
3. records connected with an application to attend Bellevue Community College or a component unit of BCC if that application was denied;
4. those records which are excluded from the FERPA definition of education records.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-070
Refusal to provide copies.
Bellevue
Community College reserves the right to deny copies of records,
including transcripts, not required to be made available by FERPA
in any of the following situations:
1. The student has an unpaid financial obligation to the college.
2. There is an unresolved disciplinary action against the student.
3. The education record requested is an exam or set of standardized test questions.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-080
Types, locations, and custodians of
education records.
The following is a list of the types,
locations, and custodians of education records the college
maintains. The length of time the records are kept is indicated
in parentheses. Requests for specific education records should
be sent to the custodian and location indicated, at Bellevue
Community College, 3000 Landerholm Circle SE, Bellevue, WA,
98007.
| Type (retention period) | Location | Custodian |
| Admissions records (1 year after last date of attendance) |
Admissions Office | Associate Dean of Enrollment Services |
| Cumulative academic transcript (75 years after last date of attendance) | Records Office | Associate Dean of Enrollment Services |
| Disciplinary records (5 years after resolution of disciplinary action) | Student Services Office | Dean of Student Services |
| Financial aid records (5 years after last date of attendance) | Financial Aid Office | Director of Financial Aid & Student Employment |
| Financial records (3 years after last date of attendance) | Finance Office | Director of Finance |
| Student employment records (1 year after last date of attendance) | Student Employment Office | Director of Financial Aid & Student Employment |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-090
Disclosure of education records.
The
college will disclose information from a student's education
records only with the written consent of the student except that
records may be disclosed without consent when the disclosure is:
1. To school officials who have a legitimate educational interest in the records.
a. A school official is:
i. A person employed by the college in an administrative, supervisory, academic or research, or support staff position, including health center staff.
ii. A person appointed to the Board of Trustees.
iii. A person employed by or under contract to the college to perform a special task, such as an attorney or auditor.
iv. A person who is employed by Campus Security.
v. A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.
b. A school official has a legitimate educational interest if the official is:
i. Performing a task that is specified in his or her position description or contract agreement.
ii. Performing a task related to a student's education.
iii. Performing a task related to the discipline of a student.
iv. Providing a service or benefit relating to the student or student's family, such as health education, counseling, advising, student employment, financial aid, or other student service related assistance.
v. Maintaining the safety and security of the campus.
2. To school officials of another school, upon request by that school, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and to state and local educational authorities, in connection with audit or evaluation of certain state-or federally-supported education programs.
4. In connection with a student's request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. To state and local officials or authorities if specifically required by a state law that was adopted before November 19, 1974.
6. To organizations conducting certain studies for or on behalf of the college.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who is claimed as a dependent for income tax purposes.
9. To comply with a judicial order or a lawfully-issued subpoena.
10. To appropriate parties in a health or safety emergency.
11. To individuals requesting directory information so designated by the college.
12. The results of any disciplinary proceeding conducted by the college against an alleged perpetrator of a crime of violence to the alleged victim of that crime.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-100
Directory information.
Bellevue Community
College designates the following items as directory information,
which may be disclosed without the student's prior written
consent, unless the student notifies the college to the contrary
in writing by September 15 of the academic year:
1. Name of student
2. Student's email address
3. Degree or certificate awarded
4. Dates of attendance
5. Athletic statistics
6. Scholarships received
7. Membership or office in BCC Student Government or honor society
8. Pt time or full time student status
9. Previous schools attended
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 132H-410-110
Correction of education records.
Students
have the right to ask that records be corrected if they believe
those records are inaccurate, misleading, or in violation of
their privacy rights. The following procedures are in place for
correcting education records.
1. The student must formally ask the Associate Dean of Enrollment Services to amend a record. The request should identify the specific record, the part or the record to be amended, and the reason why the student believes it is inaccurate, misleading, or in violation of his or her privacy rights.
2. BCC decides whether or not to comply with the student's request.
a. If the college decides that the information is indeed inaccurate, misleading, or in violation of the student's privacy rights, it will amend the record and notify the student in writing that it has done so.
b. If the college decides to deny the request, the college will notify the student of that decision and advise the student of his or her further rights:
i. The student has the right to place in the record a statement commenting on the challenged information and/or a statement of the student's reasons for disagreeing with the college's decision. This statement will be maintained as part of the student's education record as long as the contested portion is maintained. If BCC discloses the contested portion of the record, it must also disclose the student's statement.
ii. The student has the right to request a hearing to challenge the information which the student believed to be inaccurate, misleading, or in violation of privacy rights.
3. If the student so requests, the college will arrange a hearing and notify the student reasonably in advance of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party. This hearing officer may be a college official. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend an education record. The student may be assisted at the hearing by one or more individuals, including an attorney.
5. The hearing officer will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.