WSR 20-20-055
[Filed October 1, 2020, 10:29 a.m., effective November 1, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending chapter 495A-280 WAC to align with current policies and practices for Bates Technical College.
Citation of Rules Affected by this Order: Amending chapter 495A-280 WAC.
Statutory Authority for Adoption: Chapters 34.05, 42.56 RCW; RCW 28B.50.140.
Adopted under notice filed as WSR 20-14-096 on June 30, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 10.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 10.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 2020.
Dr. Jean Hernandez
Special Assistant to the President
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-280-010General policy.
Bates Technical College, District 28, implements the policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act (FERPA)(20 U.S.C. §1232g) and its implementing regulation (34 C.F.R. §99). ((Briefly,)) Bates Technical College, District 28, is required to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information and to notify students of these rights.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-280-015Definitions.
For the purposes of this policy, the following definitions of terms apply:
(1) "Student" ((means any individual who is or has been in attendance at Bates Technical College and for whom the college maintains education records.
(2)))is someone who is currently or previously enrolled in a course offering at Bates Technical College, District 28. A student includes all persons taking courses at or through the college whether on a full-time or part-time basis and whether such courses are credit courses, noncredit courses, online courses, continuing education, or contract courses.
(2) "Family Educational Rights and Privacy Act" and "FERPA" mean the law and regulations known by those names (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(3) "Education records" are defined as those records, files and documents (in handwriting, print, tapes, film, microfiche or other medium) maintained by Bates Technical College which contain information directly related to the individual student. Education records include only the following:
(a) Records pertaining to admission, advisement, registration, grading, and progress toward a degree or certificate that are maintained by the registrar.
(b) Testing information used for advisement purposes by the counseling center.
(c) Information concerning payment of fees as maintained by the registrar.
(d) Financial aid information as collected by the financial aid office.
(e) Information regarding students participating in student government or student government-sponsored activities that is maintained by the student programs office.
(((3)))(4) "Directory information" means:
(a) The student's name((, address, telephone number, date and place of birth,));
(b) Major field of study((, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student));
(c) Enrollment status;
(d) Dates of attendance;
(e) Participation in recognized activities;
(f) Credentials (i.e., degrees, certificates, etc.); and
(g) Honors.
Directory information may be disclosed at the discretion of the college and without the consent of the student unless ((he or she))they elect((s)) to prevent disclosure ((as provided for in WAC 495A-280-070))as outlined in college policy.
(((4)))(5) "Written consent" means a written authorization for disclosure of student education records which is:
(a) Signed;
(b) Dated;
(c) Which specifies the records to be disclosed; and
(d) Which specifies to whom disclosure is authorized.
(((5)))(6) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s), or other family members; a personal identifier such as the student's Social Security number or student number; or a list of personal characteristics which would make the student's identity easily traceable.
(7) "College registrar" is a college administrator designated by the vice president for student services to be responsible for overseeing FERPA unless the vice president of student services assigns a different administrator as the designee.
(8) "RCW" means Revised Code of Washington and can be accessed at
(9) "WAC" means the Washington Administrative Code and can be accessed at
The following sections of the Washington Administrative Code are repealed:
WAC 495A-280-020
Annual notification of rights.
WAC 495A-280-030
Procedure to inspect education records.
WAC 495A-280-040
Disclosure of education records.
WAC 495A-280-050
Limits on rights to review and inspect and obtain copies of education records.
WAC 495A-280-060
Record of request and disclosures.
WAC 495A-280-070
Disclosure of directory information.
WAC 495A-280-080
Requests for corrections, hearings, adding statements to education records.
WAC 495A-280-090
Fees for copies.
WAC 495A-280-100
WAC 495A-280-110
Type and location of education records.