PROPOSED RULES
OF SPOKANE
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-11-051.
Title of Rule and Other Identifying Information: Chapter 132Q-02 WAC, Student records.
Hearing Location(s): CCS Board of Trustees Meeting, Institute for Extended Learning Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on September 20, 2011, at 8:30 a.m.
Date of Intended Adoption: September 20, 2011.
Submit Written Comments to: Anne Tucker, Community Colleges of Spokane, Mailstop 1009, P.O. Box 6000, Spokane, WA 99217-6000, e-mail atucker@ccs.spokane.edu, fax (509) 434-5169, by September 2, 2011.
Assistance for Persons with Disabilities: Contact Anne Tucker by September 2, 2011, (509) 434-5109.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To ensure compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Rule is necessary because of federal law, Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
Name of Proponent: Community Colleges of Spokane, governmental.
Name of Agency Personnel Responsible for Drafting: Drafting: Anne Tucker, Public Information Officer, Suite 139, 501 North Riverpoint Boulevard, Spokane, WA 99202, (509) 434-5109; Implementation: Chief Student Services Officers, Terri McKenzie, Spokane Community College, Room 105, Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7015, Alex Roberts, Spokane Falls Community College, Room 150, Building 17, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3514 and Amy Lopes-Wasson, Institute for Extended Learning, Room 245, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6045; and Enforcement: College Presidents and IEL CEO, Joe Dunlap, Spokane Community College, Room 110, Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7042, Pam Praeger, Spokane Falls Community College, Room 105, Building 1, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3535, and Scott Morgan, Institute for Extended Learning, Room 248, Magnuson, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6040.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact.
A cost-benefit analysis is not required under RCW 34.05.328. Community Colleges of Spokane is not a listed agency under RCW 34.05.328 and is therefore exempt from this provision.
July 1, 2011
Anne Tucker
Public Information Officer
and Rules Coordinator
OTS-4057.2
NEW SECTION
WAC 132Q-02-335
Purpose.
The purpose of this chapter is
to establish rules that comply with the requirements of the
Family Educational Rights and Privacy Act of 1974 (FERPA),
located at Title 20 United States Code. FERPA provides
students with the following rights:
(1) The right to inspect and review their education records;
(2) The right to seek amendment of their education records to correct information which they believe is inaccurate, misleading or otherwise in violation of student privacy rights;
(3) The right to consent to disclosure of personally identifiable information, except for disclosure to school officials with a legitimate educational interest and except to the extent FERPA authorizes disclosure without consent; and
(4) The right to be informed annually of their rights under the act if they are currently in attendance.
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(1) Directory information: Information contained in an educational record of a student that would not be generally considered harmful or an invasion of the privacy if disclosed. It includes, but is not limited to: The student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended by the student.
(2) Educational record: Those records, except as provided otherwise in (b) of this subsection, directly related to a student and maintained by the college or a party acting for the college.
(a) Education records include, but are not limited to:
(i) Official transcripts of course taken and grade received; records relating to prior educational experience; and admission records;
(ii) Tuition and payment records;
(iii) Student disciplinary records;
(iv) Course records (e.g., examinations, term papers, essays, etc.);
(v) Employment records based on student status (e.g., work study).
(b) Educational records do not include:
(i) Records of instruction, supervisory, and administrative personnel and educational personnel which are in the sole possession of the originator and which are not accessible or revealed to any other person except a substitute or designee;
(ii) Records created and maintained by campus security for law enforcement purposes;
(iii) In the case of persons who are employed by an educational agency or institution, but who are not in attendance at such agency or institution, records made and maintained in the normal course of business, which relate exclusively to such person's employment, are not available for use for any other purpose;
(iv) Records containing medical or psychological information are not available to anyone other than the individual(s) providing treatment; however, such records may be personally reviewed by a physician or other appropriate professional upon the student's written consent.
(3) Legitimate educational interest: If the information requested by the school official is necessary for the official to perform a task specified in his/her position description or contract agreement including: The performance of a task related to a student's education; the performance of a task related to the discipline of a student; the provision of a service or benefit related to the student or student's family, such as health education, counseling, advising, student employment, financial aid, or other student service related assistance; the maintenance of the safety and security of the campus; and/or the provision of legal assistance regarding a student matter.
(4) Parent: Defined as a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
(5) Personal identifiable information: This includes, but is not limited to: Student's name, the name of the student's parent or other family member; the address of the student or the student's family; a personal identifier such as the student's Social Security number or student identification number; a list of personal characteristics that would make the student's identity easily traceable; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
(6) Record: Any information recorded in any way, including, but not limited to: Handwriting, print, computer media, video or audio media, microfilm and microfiche.
(7) School official: All of the following who act in the student's educational interests within the limitations of their need to know:
(a) A person employed by Community Colleges of Spokane in an administrative, supervisory, academic, research, support staff, law enforcement or health care service position;
(b) A person serving on the CCS board of trustees;
(c) A student serving on an official CCS committee or assisting another school official in fulfilling their professional responsibilities (examples include, but are not limited to, service on a disciplinary committee and work study students); and
(d) A contractor, consultant, volunteer or other party with whom CCS has contracted to provide a service and/or to assist another school official in conducting official business (examples include, but are not limited to: An attorney, an auditor, a collection agency, or the National Student Clearinghouse, an agency which acts as a clearinghouse for student loan deferment reporting).
(8) Student: Any person, regardless of age, who is or has been officially registered in attendance at CCS at any location at which CCS offers programs/courses with respect to whom CCS maintains educational records.
[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, § 132Q-02-340, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-02-340, filed 8/25/03, effective 9/25/03.]
(((a) For purposes of this section the term "education
records" means those records, files, documents, and other
materials which contain information directly related to a
student, including records regarding the employment of a
student when such employment is a result of, and directly
related to, student status.
(b) The term "education records" does not include:
(i) Records of instructional, supervisory and administrative personnel and educational personnel which are in the sole possession of the originator and which are not accessible or revealed to any other person except a substitute or designee.
(ii) Records of the campus security department, which are kept apart from those records described in subsection (a) and which are maintained solely for law enforcement purposes are not made available to persons other than law enforcement officials of the same jurisdiction.
(iii) In the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business, which relate exclusively to such person's employment, are not available for use for any other purpose.
(iv) Student records containing medical/psychological information are not available to anyone other than the individual(s) providing treatment; however, such records may be personally reviewed by a physician or other appropriate professional upon the student's written consent.
(2)(a))) (1) 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
(((b), (c) and (d))) (a), (b), and (c) of this subsection.
The college may require proof of identification, such as a
driver's license, college student identification card, or
other photographic identification.
(((b))) (a) The student may specifically release his or
her right to review where the information consists only of
confidential recommendations respecting:
(i) Admission to any educational institution; or
(ii) An application for employment((:)); or
(iii) Receipt of an honor or honorary recognition.
(((c))) (b) A student's waiver of his or her right to
access confidential statements shall apply only if:
(i) The student is, upon request, notified of the names of person(s) making confidential statements concerning him or her; and
(ii) Such confidential statements are 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 college/instructional unit.
(((d))) (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 under (((a) of)) this subsection. Such records shall
remain confidential and shall be released only with the
consent of the author. The institution shall use these
records only for the purpose for which they were originally
intended.
(((3))) (2) 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 himself/herself.
(((4))) (3) The office of the ((chief student services
officer)) registrar is the official custodian of academic
records; and, therefore, is the only office who may issue an
official transcript of the student's academic record.
(((5))) (4) Student educational records may be destroyed
in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for
review in accordance with this section be removed or destroyed
prior to providing the student access.
[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, § 132Q-02-360, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-02-360, filed 8/25/03, effective 9/25/03.]
(a) The college may refuse to provide copies of education records, including transcripts and diplomas in the following circumstances:
(i) If the record is a secure exam as determined by the department that maintains the exam, so that the integrity of such exams may be protected;
(ii) If the student has outstanding debts owed to the college, so that the college may facilitate collection of such debts; and/or
(iii) If disciplinary action is pending or sanctions are not completed.
(b) The college must provide copies of the educational record, subject to the provision of this subsection in the following circumstances:
(i) If failure to do so would effectively prevent the student from inspecting and reviewing a record;
(ii) When records are released pursuant to a student's consent and the student requests copies; and/or
(c) When the records are transferred to another education institution where the student seeks to attend or intends to enroll and the student requests copies.
(2) An individual(s) or office(s) 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 college individual(s) or office(s) 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 reason(s) in writing.
(3)(((a))) A student who feels that his/her request has
not been properly answered by a particular individual(s) or
office(s) should contact the chief student services officer.
(((b))) (a) In cases where a student is dissatisfied
after consulting with the chief student services officer, the
student may appeal to the college records committee. The
college's records committee shall render its decision within a
reasonable period of time. In all cases, the decision of the
college's records committee is final.
(((c))) (b) In no case shall any request for review by a
student be considered by the college's records committee,
which has not been filed with that body in writing within
ninety days from the date of the initial request to the
custodian of the record.
(((d))) (c) The college's records committee shall not
review any matter regarding the appropriateness of official
academic grades.
[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, § 132Q-02-370, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-02-370, filed 8/25/03, effective 9/25/03.]
(1) If the college decides to grant the student's request, the college shall amend the education record and will inform the student of the action taken. Such notification will be in writing and will be made within a reasonable time.
(2) If the college decides not to amend the education record as requested, the college will notify the student in writing within a reasonable time after receiving the request for amendment.
(3) If a student wants a hearing, the student must make a written request within ninety days of the date of the denial. The request shall be submitted to the college individual(s) or office(s) having custody of the particular record and must identify why the student believes the information contained in the education record(s) is inaccurate, misleading or in violation of the privacy rights of the student.
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(1) Specify the records that may be disclosed;
(2) State the purpose of the disclosure; and
(3) Identify the party or class of parties to whom the disclosure may be made.
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(((a) College personnel 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 records in connection with the audit and evaluation of a federally supported or state-supported educational 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 parent(s) 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))) (1) Agencies or ((individual's)) organizations
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 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.
(g) Parents transfer their rights under FERPA to their child when he/she reaches 18 years of age or attends an institution of postsecondary education. Parents of college students, who request to review their "adult child's" record, must provide documented "dependency status" under Internal Revenue Service (IRS) regulations or have written consent from the student. The final decision whether or not to disclose information about students to their parents is a matter of the institution's policy.
(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), 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) 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) is defined as information contained in an educational record of a student that would not be generally considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate; full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended by the student.
(6) Students may request in writing that the college not release directory information through written notice to the chief student services officer.
(7) 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))). If the information is necessary to:
(a) Determine eligibility for financial aid;
(b) Determine the amount of financial aid;
(c) Determine the conditions of financial aid; or
(d) Enforce the terms and conditions of financial aid.
(2) Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the United States Department of Education, or state or local authorities requiring access to education records, in connection with the audit or evaluation of a federal or state supported education program or in connection with the enforcement of or compliance with federal legal requirements which relate to such a program.
(3) School officials who have a legitimate educational interest in the records.
(4) Parent of a minor student or a nonminor dependent student, as defined in the Internal Revenue Code and upon submission of a copy of the most recent Internal Revenue Service annual tax return showing the student as a dependent.
(5) Officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.
(6) Organizations conducting studies for, or on behalf of, the college for the purpose of developing, validating or administering predictive tests; administering student aid programs or improving instruction, if the studies are conducted in a manner that will not permit the personal identification of students or their parents by persons other than representatives of such organizations who have legitimate interests in the information; such information will be destroyed when no longer needed for the purposes for which it was provided, and the college enters into a written agreement with the organization that specifies the purpose, scope, and duration of the study and the information to be disclosed, requires the organization to use personally identifiable information from education records only to meet the purpose(s) of the study as stated in the written agreement and requires the organization to conduct the study in a manner that does not permit personal identification of parents and students to anyone other than representatives of the organization within a specified time period when it is no longer needed for the purposes for which the study was conducted.
(7) Accrediting organizations to carry out accreditation functions.
(8) Persons or entities designated by a judicial order or lawfully issued subpoena, upon the condition that the college makes a reasonable effort to notify the student of all such orders or subpoenas and of its intent to release records in advance of compliance with the order or subpoena, unless:
(a) It is a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
(b) A subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response not be disclosed; or
(c) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b (g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
(9) Appropriate persons, including parents of an eligible student, in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of the student or other individuals.
(10) Persons who request information that is designated as "directory information."
(11) Victims alleging a crime of violence or a nonforcible sex offense, the final results of a disciplinary proceeding conducted by the college after October 7, 1998, with respect to the alleged crime or offense. Disclosure is permitted regardless of whether the college concluded a violation was committed.
(12) To others, the final results of the disciplinary proceeding when, at its discretion the college believes that disclosure will serve a legitimate educational interest, and determines through a disciplinary proceeding conducted under its student conduct code that the alleged student perpetrator committed a crime of violence or a nonforcible sexual offense that is a violation of the college rules or policies with respect to such crime or offense. For purposes of this subsection, "final results" means the name of the student perpetrator, the violation committed, and any sanction imposed by the college on that student. Names of other students involved in the violation, such as a victim or witness, will be released only with the written consent of those students.
(13) Parent of a student of the college regarding the student's violation of any federal, state or local law, or of any rule or policy of the college governing the use of alcohol or controlled substance, if the student is under the age of twenty-one, and the college had determined that the student has committed a disciplinary violation with respect to that use or possession.
(14) When a parent or eligible student initiates legal action against the college or when the college initiates legal action against the parent or eligible student, the college may disclose to the court any education records of the student that are relevant to the legal action.
(15) Students upon providing evidence sufficient to demonstrate that the requesting individual is in fact the student to whom the records relate such as: A driver's license, a college student identification card, or other photographic identification.
(16) For deceased students, members of the family or other persons with the written approval of the family or representatives of the estate. The request for education records must be accompanied by a copy of the death certificate or obituary. Absent written approval from the family or representative of the estate, only directory information will be disclosed to persons upon request.
(17) The disclosure concerns sex offenders and other offenders required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines.
(18) The disclosure involves records or information from which all personally identifiable information has been removed
Students may request in writing that the college not release directory information through written notice to the registrar.
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: Chapter 28B.50 RCW. 07-10-042, § 132Q-02-380, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-02-380, filed 8/25/03, effective 9/25/03.]
The following sections of the Washington Administrative Code are repealed:
| WAC 132Q-02-350 | Confidentiality of student records. |
| WAC 132Q-02-410 | Eligibility for clinical programs. |