WSR 10-13-019

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 4, 2010, 11:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-05-096.

Title of Rule and Other Identifying Information: WAC 392-300-025 and 392-300-035, access to record check information by district employee or applicant.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 South Washington Street, Olympia, WA 98504, on July 27, 2010, at 10:30 a.m.

Date of Intended Adoption: July 27, 2010.

Submit Written Comments to: Catherine Slagle, 600 Washington Street, Olympia, WA 98504, e-mail Catherine.slagle@k12.wa.us, fax (360) 725-6136, by July 26, 2010.

Assistance for Persons with Disabilities: Contact Kristin Collins by July 26, 2010, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule change will provide consistency with the federal rule records maintained on individuals title 5 Part I Subchapter II 552a for district employees or applicants on how to obtain a copy of a RAP sheet.

Reasons Supporting Proposal: Alignment with federal policy.

Statutory Authority for Adoption: RCW 28A.400.303.

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

Name of Proponent: OSPI, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Catherine Slagle, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6136; and Enforcement: Martin Mueller, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6175.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not necessary for this rule change.

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

June 4, 2010

Randy Dorn

State Superintendent

OTS-3239.1


AMENDATORY SECTION(Amending Order 96-12, filed 8/19/96, effective 9/19/96)

WAC 392-300-025   Access to record check information by district employee or applicant.   All district employees and applicants shall have access to record check information about them maintained by the superintendent of public instruction or designee. ((Any record of arrest and prosecution (RAP sheet) received from the Washington state patrol or the Federal Bureau of Investigation shall be sent promptly by the superintendent of public instruction to the district employee or applicant undergoing the record check.)) Any additional information collected by the superintendent of public instruction or designee as a result of the investigation of any data shall be available for inspection and copying by the district employee or applicant to whom it pertains during normal office hours in the office where the information is located. Information that is gathered as part of an ongoing investigation, ((excluding RAP sheets,)) shall not be released to the district employee or applicant until the investigation is completed.

[Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-025, filed 8/19/96, effective 9/19/96.]


AMENDATORY SECTION(Amending WSR 09-02-024, filed 12/30/08, effective 1/30/09)

WAC 392-300-035   Requests for record check information.   In accordance with the requirements of RCW 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, record check information is obtainable by district employees or applicants to whom it pertains when they comply with the following procedures:

((A)) The request shall be made in writing. The district employee or applicant shall complete, sign and return the request for Background Check Results form located at http://www.k12.wa.us/profpractices/fingerprint. The written request shall be presented to the fingerprint records office of the superintendent of public instruction during customary office hours or may be mailed or faxed to the office. The request shall include the following information:

(1) The name of the person requesting the record;

(2) The time of day and the calendar date on which the request was made;

(3) The nature of the request;

(4) Height, weight and date of birth of individual fingerprinted; and

(5) Social Security number of individual fingerprinted (optional).

[Statutory Authority: RCW 42.56.100. 09-02-024, 392-300-035, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. 96-17-045 (Order 96-12), 392-300-035, filed 8/19/96, effective 9/19/96.]

Washington State Code Reviser's Office