WSR 07-16-032

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 23, 2007, 11:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-11-056.

Title of Rule and Other Identifying Information: Fingerprint record checks -- Access to records -- Privacy.

Hearing Location(s): Brouillet Conference Room, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 Washington Street, Olympia, WA 98504-7200, on September 4, 2007, at 9:00 a.m.

Date of Intended Adoption: September 5, 2007.

Submit Written Comments to: Charles Schreck, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Charles.Schreck@k12.wa.us, fax (360) 753-4201, by September 3, 2007.

Assistance for Persons with Disabilities: Contact Penny Coker by September 3, 2007, (360) 725-6130.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are being made as required under SB 5382, which amended RCW 28A.400.303 and 28A.400.305.

Statutory Authority for Adoption: RCW 28A.400.303, 28A.400.305.

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

Name of Proponent: [Superintendent of public instruction], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Charles Schreck, OPP/Fingerprint, (360) 725-6130.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

July 19, 2007

Dr. Terry Bergeson

State Superintendent

OTS-9886.1


AMENDATORY SECTION(Amending WSR 02-06-044, filed 2/27/02, effective 3/30/02)

WAC 392-300-015   Definition -- District employee.   As used in this chapter, "district employee" shall mean any individual currently employed by or being considered for employment by a school district, a school district contractor, the state school for the deaf, the state school for the blind, an educational service district, ((or an)) educational service district contractor, or a Bureau of Indian Affairs funded school.

[Statutory Authority: RCW 28A.150.290(1). 02-06-044, 392-300-015, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-015, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending WSR 02-06-044, filed 2/27/02, effective 3/30/02)

WAC 392-300-050   Access to record check data base.   School districts, the state school for the deaf, the state school for the blind, educational service districts, Bureau of Indian Affairs funded schools, colleges and universities shall establish written policies or procedures to determine which employees are authorized to access the data base. Access to the superintendent of public instruction's record check data base shall be limited to:

(1) Employees of the superintendent of public instruction processing record check information including employees within the fingerprint records section, the office of professional practices, the legal services section, the certification section or their equivalents in case of future agency reorganization.

(2) Authorized employees of school districts.

(3) Authorized employees of educational service districts.

(4) Authorized employees of college or universities with state board of education approved certification programs.

(5) Authorized employees of the state school for the deaf.

(6) Authorized employees of the state school for the blind.

(7) Authorized employees of Bureau of Indian Affairs funded schools.

(8) Other authorized individuals as determined by the superintendent of public instruction or designee.

Access to the data base will be controlled by a confidential password issued by the superintendent of public instruction.

[Statutory Authority: RCW 28A.150.290(1). 02-06-044, 392-300-050, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-050, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending WSR 02-06-044, filed 2/27/02, effective 3/30/02)

WAC 392-300-055   Prohibition of redissemination of fingerprint record information by educational service districts, the state school for the deaf, the state school for the blind, school districts, Bureau of Indian Affairs funded schools.   Fingerprint record information is highly confidential and shall not be redisseminated to any organization or individual by any educational service district, state school for the deaf, state school for the blind, ((or)) school district, or Bureau of Indian Affairs funded school.

[Statutory Authority: RCW 28A.150.290(1). 02-06-044, 392-300-055, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-055, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending WSR 02-06-044, filed 2/27/02, effective 3/30/02)

WAC 392-300-060   Protection of fingerprint record information by educational service districts, state school for the deaf, state school for the blind, ((and)) school districts, and Bureau of Indian Affairs funded schools.   Educational service districts, state school for the deaf, state school for the blind, ((and)) school districts, and Bureau of Indian Affairs funded schools shall have policies and procedures to:

(1) Protect the confidentiality of fingerprint record information, including the secure location of RAP sheets;

(2) Limit access to authorized personnel processing or requiring fingerprint record information to make employment decisions; and

(3) Prevent the unlawful redissemination of fingerprint record information.

Noncompliance with these provisions may allow for the recovery of civil damages under applicable federal and state statutes.

[Statutory Authority: RCW 28A.150.290(1). 02-06-044, 392-300-060, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-060, filed 8/19/96, effective 9/19/96.]

Washington State Code Reviser's Office