16-17-151

WSR 16-17-151

EXPEDITED RULES

BELLEVUE COLLEGE

[Filed August 24, 2016, 10:53 a.m.]

Title of Rule and Other Identifying Information: Chapter 132H-410 WAC, Family Education Rights and Privacy Act; WAC 132H-410-010 Family Education Rights and Privacy Act-General policy, 132H-310-020 Definitions, 132H-410-030 Annual notification of rights, 132H-410-040 Primary rights of students, 132H-410-050 Inspection of education records, 132H-410-060 Limitation on right of access, 132H-410-070 Refusal to provide copies, 132H-410-080 Types, locations, and custodians of education records, 132H-410-090 Disclosure of education records, 132H-410-100 Directory information, and 132H-410-110 Correction of education records.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lisa Corcoran, Bellevue College, 3000 Landerholm Circle S.E., Bellevue, WA 98007, AND RECEIVED BY October 24, 2016.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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. The college seeks to repeal current chapter 132H-410 WAC.

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.

Statutory Authority for Adoption: RCW 28B.50.140, 20 U.S.C. sec. 1232g.

Rule is necessary because of federal law, [no information supplied by agency].

Name of Proponent: Bellevue College, public.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: RaeEllen Reas, 3000 Landerholm Circle S.E., Bellevue, WA 98007, [phone].

July 20, 2016

Lisa Corcoran

Rules Coordinator

REPEALER

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	Definitions.
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.