WSR 16-17-150
[Filed August 24, 2016, 10:52 a.m., effective August 24, 2016, 10:52 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Bellevue College currently has its policies and procedures governing student educational records pursuant to the Family Education Rights and Privacy Act (FERPA) memorialized in chapter 132H-410 WAC. Publication of the FERPA policies in the administrative code is no longer required and the college administration needs the ability to revise these policies without undergoing time consuming rule-making processes and procedures.
Citation of Existing Rules Affected by this Order: Repealing WAC 132H-410-010 through 132H-410-110.
Statutory Authority for Adoption: RCW 28B.50.140, 20 U.S.C. sec. 1232g.
Other Authority: 34 C.F.R Part 99.37.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Regulations recently adopted by the United States Department of Education restrict the types of personally identifiable student information institutions of higher education can share with third parties who are responsible for distributing financial aid to students. Bellevue College is contracting with a third party to distribute financial aid to its students. Bellevue College students will be provided the option of having the financial aid mailed to their home addresses, electronically deposited in a designated bank account, or linked to debit cards. Under the department of education (DOE) regulations applicable to Bellevue College's third party contractor, the college can only share the following student information with the third party contractor before the student selects a payment option: A secret PIN number, a unique identification number, the amount of the financial aid grant, and any information that has been designated by the college as directory information. If the student does not select a payment option, the default option is mailing the check to the student's home address. Based upon past experience, many students do not select a payment option and, therefore, their financial aid is distributed by mail.
Currently, student addresses, birthdates, phone numbers, and gender are not included in the college's definition of directory information, which is memorialized in WAC 132H-410-100. Lacking a mailing address, the third party contractor will not be able to mail checks to students who do not select a delivery option. Birthdates, gender and telephone numbers are used as a means of confirming the student's identity. An emergency repeal of the directory rule is necessary because amending the definition of directory information using regular rule making cannot be accomplished in time for the distribution of financial aid for fall quarter 2016.
The college is repealing the remainder of the FERPA rules because federal law does not require that they be memorialized as state regulations and because doing so will provide the administration with needed flexibility when it comes to making revisions to these policies. FERPA requires that the college notify students about FERPA and their rights under the act in an annual notification and in notices that are posted in the college's catalog and on its web site. DOE has recognized that these notices are sufficient to inform students of their rights under FERPA. There is no requirement that these policies or procedures be memorialized as rules.
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 11; or Recently Enacted State Statutes: New 0, 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 11.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 11.
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 9, 2016.
Lisa Corcoran
Rules Coordinator
The following chapter of the Washington Administrative Code is repealed:
WAC 132H-410-010
Family Education Rights and Privacy Act—General policy.
WAC 132H-410-020
WAC 132H-410-030
Annual notification of rights.
WAC 132H-410-040
Primary rights of students.
WAC 132H-410-050
Inspection of education records.
WAC 132H-410-060
Limitation on right of access.
WAC 132H-410-070
Refusal to provide copies.
WAC 132H-410-080
Types, locations, and custodians of education records.
WAC 132H-410-090
Disclosure of education records.
WAC 132H-410-100
Directory information.
WAC 132H-410-110
Correction of education records.