WSR 16-16-077 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 29, 2016, 10:00 a.m., effective August 29, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: To comply with section 504(1) of E4SHB [4SHB] 1541 (2016), the office of superintendent of public instruction (OSPI) is adopting a new rule, codified at WAC 392-117-060, to provide that the only student data that OSPI should not publicly report is when a school or school district has fewer than ten students in a grade level or student demographic subgroup. The rule requires that OSPI's public reporting of student data must comply with section 504 of E4SHB [4SHB] 1541, so long as the reporting does not violate federal student privacy laws.
Statutory Authority for Adoption: E4SHB [4SHB] 1541 (504)(1) (2016).
Adopted under notice filed as WSR 16-13-136 on June 22, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 29, 2016.
Randy Dorn
State Superintendent
of Public Instruction
NEW SECTION
WAC 392-117-060 Student data reported for public reporting and accountability.
As authorized by section 504, chapter 72, Laws of 2016 (section 504 of 4SHB 1541 (2016)), and subject to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, 34 C.F.R. Part 99, the only student data that should not be reported by the office of superintendent of public instruction for public reporting and accountability is data where the school or school district has fewer than ten students in a grade level or student subgroup.
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