WSR 12-03-095




[ Filed January 17, 2012, 10:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-23-104.

Title of Rule and Other Identifying Information: WAC 132Q-02-340 Definitions.

Hearing Location(s): CCS Board of Trustees Meeting, Institute for Extended Learning Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on February 21, 2012, at 8:30 a.m.

Date of Intended Adoption: February 21, 2012.

Submit Written Comments to: Kathleen Roberson, Community Colleges of Spokane, Mailstop 1006, P.O. Box 6000, Spokane, WA 99217-6000, e-mail, fax (509) 434-5275, by February 15, 2012.

Assistance for Persons with Disabilities: Contact Kathleen Roberson by February 15, 2012, (509) 434-5275.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend and clarify the definition of student directory information.

Reasons Supporting Proposal: See Purpose statement above.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: RCW 28B.50.140.

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

Name of Proponent: Community Colleges of Spokane, governmental.

Name of Agency Personnel Responsible for 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.

January 17, 2012

Kathleen Roberson

Executive Assistant

to the CFO


AMENDATORY SECTION(Amending WSR 11-20-022, filed 9/23/11, effective 10/24/11)

WAC 132Q-02-340   Definitions.   The following definitions shall apply in interpreting these regulations:

(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: RCW 28B.50.140. 11-20-022, 132Q-02-340, filed 9/23/11, effective 10/24/11. 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.]

Washington State Code Reviser's Office