Preproposal statement of inquiry was filed as WSR 08-16-098.
Title of Rule and Other Identifying Information: Update rules regarding access to student education records and the process for seeking amendments to such records. Includes amendments to WAC 504-21-030, 504-21-040, 504-21-050, 504-21-060, and 504-21-080.
Hearing Location(s): Washington State University, Lighty Room 405, Pullman, Washington, on December 11, 2008, at 4:00 p.m. to 5:00 p.m.
Date of Intended Adoption: January 30, 2009.
Submit Written Comments to: Ralph T. Jenks, Director, Procedures, Records, and Forms and University Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail firstname.lastname@example.org, fax (509) 335-3969, by December 11, 2008.
Assistance for Persons with Disabilities: Contact Deborah Bartlett by December 5, 2008, (509) 335-2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules are required to ensure compliance with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended. The rules are updated to accommodate administrative and location changes and to allow for student requests to dispute and seek amendment to student education records.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State University, public.
Name of Agency Personnel Responsible for Drafting: Richard Backes, Registrar's Office, (509) 335-1139; Implementation and Enforcement: Julia Pomerenk, Registrar's Office, (509) 335-2522.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
November 4, 2008
Ralph T. Jenks, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 95-07-043, filed 3/8/95, effective 4/8/95)
WAC 504-21-030 Education records -- Student's right to inspect. (1) A student has the right to inspect and review his or her education records. A list of the types of education records maintained by the university and the record locations may be obtained by the student ((
at the office of
student affairs or)) at the registrar's office.
(a) For purposes of this chapter the term "education records" means those records, files, documents and other materials which contain information directly related to a student.
(b) The term "education records" does not include:
(i) Records of instructional, supervisory and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute or the maker's administrator.
(ii) Records of the university police department which are maintained by the law enforcement unit of WSU that were created by the WSU law enforcement unit for the purposes of law enforcement.
(iii) Records made and maintained in the normal course of business which relate exclusively to the person's capacity as an employee and are not available for any other purposes. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this paragraph.
(iv) Records on a student which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or para-professional, acting in a professional or para-professional capacity, or assisting in that capacity and which are created, maintained or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment. Such records can be personally reviewed by a physician or other appropriate professional of the student's choice. In addition, health care information may be disclosed if authorized by state law.
(v) Records that contain information about an individual after he or she is no longer a student at that agency or institution.
(2) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in this subsection.
(a) The student may specifically release his or her right to review where the information consists only of confidential letters and recommendations respecting:
(i) Admission to any educational institution, or
(ii) Employment application information and documents
filed and maintained at the student's request at the
university office of career services and placement)) career
(iii) Receipt of an honor or honorary recognition.
(iv) Faculty evaluations and other education records placed in departmental files where the department serves in a placement or referral capacity.
(b) A student's waiver of his or her right of access to confidential statements is valid only if:
(i) The student, upon request, shall be notified of the names of all persons making confidential statements concerning him; and
(ii) Confidential statements shall be used solely for the purpose for which they were originally intended; and
(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university.
(iv) The waiver is made in writing and signed by the student, regardless of age.
(c) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release to the student. Such records shall remain confidential and shall be released only with the consent of the author of the specific document. Such records shall be used by the institution only for the purpose for which they were originally intended.
(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to the requesting student.
(4) Students have the right to obtain copies of their education records. Charges for the copies shall not exceed the cost normally charged by a Washington State University copy center (except in cases where charges have previously been approved for certain specified services, such as transcripts and grade sheets).
(5) The registrar is the official custodian of academic records and therefore is the only official who may issue a transcript of the student's official academic record.
(6) Student education records may be destroyed in accordance with a department's routine retention schedule where the departmental procedure has been approved by the university records officer. In no case will any record which is requested by a student for review in accordance with these regulations be removed or destroyed prior to final disposition of the record request.
[Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. 95-07-043, § 504-21-030, filed 3/8/95, effective 4/8/95; Order 77-1, § 504-21-030, filed 5/2/77.]
(2) The person or office receiving a proper request for
of information must respond to a request for
education records within a reasonable period of time, but in
no case more than forty-five days after the request has been
made. A university employee or office which is unable to
comply with a student's request within the above-stated time
period shall inform the student of that fact and the reasons
therefor in writing)) or amendment of information must respond
to the request within a reasonable period of time, but in
cases where a student requests review, no more than forty-five
days after the request has been made.
(3)(a) A student who believes his or her request has not been properly answered by a particular person or office should consult the appropriate dean or director having supervisory responsibility for the office.
(b) If a student remains dissatisfied after consulting
with the appropriate dean or director, the student may then
request a hearing before the university's student records
committee. Following the hearing, the university's student
records committee shall render its decision within a
reasonable period of time)) appeal to the student records
officer, who will review the appeal and may refer it to the
university registration and records committee. All cases
involving requests for amendment will be referred to the
registration and records committee for hearing. In either
case, the decision shall be rendered within a reasonable
period of time. The decision (( of the university's student
records committee)) shall be final, except as provided in WAC 504-21-080.
In no case shall any request for review by a
student be considered by the university's student records
officer which has not been filed with that officer in writing
within ninety days from the date of the initial request to the
custodian of the record.)) Appeals must be filed with the
student records officer within ninety days from the date of
the initial request to the custodian of the record.
The student records committee shall not review any
matter regarding the appropriateness of official academic
grades. (University Academic Regulation 104, "academic
complaint procedure" should be followed in all cases involving
(e))) Eligible students are hereby notified of their right to file a complaint with the Department of Education concerning any alleged failure of Washington State University to comply with the Family Educational Rights and Privacy Act of 1974, as amended.
[Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. 95-07-043, § 504-21-040, filed 3/8/95, effective 4/8/95; Order 77-1, § 504-21-040, filed 5/2/77.]
University staff and faculty, including deans,
department and program chairs and academic advisers, and
faculty and students when officially appointed to a university
senate or administrative committee, when the information is
required for a legitimate educational interest within the
performance of their responsibilities to the university, with
the understanding that its use will be strictly limited to the
performance of those responsibilities.)) School officials with
a legitimate educational interest. A school official is a
person employed by WSU in an administrative, supervisory,
academic or research, or support staff position (including
health staff and WSU police); a person or company with whom
the university has contracted (such as an attorney, auditor,
or collection agent); a person serving on the board of
trustees; or a student serving on an official committee (such
as a disciplinary or grievance committee, or assisting another
school official in performing his or her tasks). A school
official has a legitimate educational interest if the official
needs to review an education record in order to fulfill his or
her educational responsibilities.
(b) Federal and state officials requiring access to education records in connection with the audit and evaluation of a federally- or state-supported education program or in connection with the enforcement of 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) Persons or organizations, other than parents or legal guardians, providing to the student financial aid, or determining financial aid decisions concerning eligibility, amount, condition, and enforcement of terms of said aid.
(d) Organizations conducting studies for or on behalf of the university 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 representatives of such organizations, and such information will be destroyed when no longer needed for the purposes for which it was provided.
(e) Education records may be used for legitimate academic research; provided that
(i) The procedures utilized and the reported findings do not violate the student's confidence;
(ii) Students' names will not be included in the study or in any way linked with the data;
(iii) Case histories and case records are sufficiently disguised to prevent identification of the individuals involved; and
(iv) The student's written permission is obtained where individual identification occurs.
(f) Accrediting organizations in order to carry out their accrediting functions.
(g) Any person or entity designated by judicial order or lawfully issued subpoena, upon condition that a reasonable attempt has been made to notify the student of all such orders or subpoenas in advance of the compliance therewith unless the subpoena is issued for a law enforcement purpose or is issued by a federal grand jury and the court or other issuing agency has ordered that the existence of the subpoena not be disclosed. Any university employee or office receiving a subpoena or judicial order for education records should immediately notify the WSU division of the office of the attorney general.
(h) Parents or legal guardians of a student who have established that student's status as their dependent according to Internal Revenue Code.
(i) An alleged victim of any crime of violence or nonforcible sexual offense, as they are defined in Appendix A to 34 CFR Part 99, shall be informed of the results of any disciplinary proceeding conducted by WSU against the alleged perpetrator of that crime with respect to that crime.
(j) To the office of the attorney general when disclosure is to comply with a judicial order or to provide legal advice.
(k) WSU may provide to parents or guardians of students under age twenty one information regarding violations of federal, state, or local laws or the university's conduct code where such violations concern the use or possession of alcohol or controlled substances and where WSU determines that those students have committed such violations.
(l) When either the student initiates legal action against WSU or when WSU initiates legal action against the student, WSU may disclose to the court any educational records of the student that are relevant to the legal action.
(m) Information may be disclosed in conformance with other exceptions to the prior written consent requirement of the Family Educational Rights and Privacy Act and implementing regulations found at 34 C.F.R. § 99. A copy of these regulations may be obtained from the Office of the Registrar.
(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)) identity of the parties to whom such
records will be released unless the nature of the activity is
such that advance identification of recipients is not possible
such as employment assistance provided by the university
office of career services and placement, in which case an
effort will be made to identify recipients of information as
they become known.
(3) In cases where records are made available without
student consent as permitted by ((
WAC 504-21-050)) subsection
(1)(b), (c), (d), (e), (f), (( (i) and (j))) and (g) of this
section (except in cases where the subpoena prohibits
disclosure), subsection (1)(i) of this section and, when
required by law, subsection (1)(m) of this section the
university shall maintain a record which will indicate the
parties which have requested or obtained access to a student's
records maintained by the university and which will indicate
the legitimate interest of the requesting party. (( Releases
in accordance with WAC 504-21-050 (1)(a) need not be
(4) Personally-identifiable education records released to
third parties, with or without student consent, shall be
accompanied by a ((
printed)) 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 unless such disclosures are
made pursuant to (( WAC 504-21-050)) subsection (1)(g), (h),
(j), (k), or (l) of this section or the information released
is directory information as defined in (( paragraph 5))
subsection (5) of this section.
(5) The term "directory information" used in ((
WAC 504-21-050)) subsection (1) of this section is defined as
student's name (including any former name), local and
permanent addresses and telephone numbers, electronic mail
address(es), major and minor fields of study, participation in
officially-recognized activities in sports, weight and height
of members of athletic teams, dates of attendance, enrollment
status (e.g., undergraduate (( of)) or graduate; full time or
part-time), grade level, degrees, status as graduate assistant
and assignment, certificates, and awards received including
the president's honor roll, and the most recent previous
educational institution attended by the student. Students may
request that the university not release directory information
by filing a request (( with the registrar's office or)) on-line
or with the office of payroll 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.30.150. 01-19-027, § 504-21-050, filed 9/13/01, effective 10/14/01. Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. 95-07-043, § 504-21-050, filed 3/8/95, effective 4/8/95; Order 77-1, § 504-21-050, filed 5/2/77.]
No records shall be kept that reflect a student's political or ideological beliefs or associations.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-21-060, filed 5/18/89, effective 7/1/89; Order 77-1, § 504-21-060, filed 5/2/77.]
[Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. 95-07-043, § 504-21-080, filed 3/8/95, effective 4/8/95; Order 77-1, § 504-21-080, filed 5/2/77.]