PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-09-023.
Title of Rule: Chapter 392-300 WAC, Fingerprint record checks -- Access to records -- Privacy.
Purpose: To implement procedures whereby private K-12 schools can process fingerprint records of employees through the state fingerprint record check system.
Statutory Authority for Adoption: RCW 28A.410.010, 28A.400.305.
Statute Being Implemented: RCW 28A.195.080.
Summary: Rule defines private school "subject individuals" who may submit fingerprint records for check. Defines the process that Office of Superintendent of Public Instruction (OSPI) uses to check fingerprint cards and inform private K-12 schools of the results of the record check.
Name of Agency Personnel Responsible for Drafting: Michael L. Bigelow, Old Capitol Building, (360) 753-1718; Implementation and Enforcement: Linda Harrison, Old Capitol Building, (360) 586-7436.
Name of Proponent: Office of Superintendent of Public Instruction, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements RCW 28A.195.080. The RCW authorizes private K-12 schools to participate in the state's fingerprint records check system. The rule describes the process used in submitting the records to OSPI and how information from the Washington State Patrol and Federal Bureau of Investigation is communicated to private schools.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not necessary.
RCW 34.05.328 does not apply to this rule adoption. Not relevant.
Hearing Location: Bryan Conference Room, 4th Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on September 26, 2000, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Linda Harrison, by September 12, 2000, (360) 586-7436, TTY (360) 664-3631.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 664-3683, by September 25, 2000.
Date of Intended Adoption: September 27, 2000.
August 7, 2000
Dr. Terry Bergesen
Superintendent of
Public Instruction
OTS-3816.2
NEW SECTION
WAC 392-300-070
Private school fingerprint process.
Fingerprinting of subject individuals employed by private schools.
(1) Definitions of private school terms.
(a) "Subject individual" means: Any person, certified or classified employed by a private school in a position having regularly scheduled, unsupervised access to children;
(b) "Regularly scheduled, unsupervised access to children" means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;
(c) "Fee" means the total charges assessed to process fingerprint cards through the Washington state patrol and Federal Bureau of Investigation records check;
(d) "Information to be required" means all information requested by the office of the superintendent of public instruction including the following:
(A) Completed fingerprint card to be mailed, with the fee, to the Washington state patrol;
(B) Completed information form to be mailed to the superintendent of public instruction;
(e) "Convictions of crimes" means, notwithstanding any other statutes or Washington administrative rule, conviction of a crime listed in WAC 180-86-013, or being under indictment for any of the crimes listed in WAC 180-86-013;
(f) "Private school" means a school that is approved with the Washington state board of education under chapter 180-90 WAC.
(2) The office of the superintendent of public instruction shall request criminal information from the Washington state patrol and the Federal Bureau of Investigation in the manner prescribed by law. A fee shall be charged for such services.
(3) Upon the private school's submission of the completed fingerprint cards and information form, the office of the superintendent of public instruction shall review the criminal records of subject individual.
(4) The office of the superintendent of public instruction shall not provide copies of criminal records to anyone except as provided by law. The private school will receive a copy of subject individual's record of arrest and prosecution (RAP) sheet from the Washington state patrol. The subject individual will be sent a copy of his or her personal criminal records.
(5) For the Federal Bureau of Investigation portion, the superintendent of public instruction or designee shall notify the private school if the subject individual has been convicted of a crime listed in WAC 180-86-013, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Washington under a different statutory name or number; if the subject individual falsified information on the application form; or if the subject individual has no conviction of crimes as listed in WAC 180-86-013.
(6) The office of the superintendent of public instruction shall assure the destruction of all fingerprint cards, facsimiles or other materials from which fingerprints can be reproduced used by Washington state patrol or Federal Bureau of Investigation.
(7) Only cards and forms approved by the office of the superintendent of public instruction will be accepted. The office of the superintendent of public instruction will hold fingerprint cards on file and notify the private school and subject individual when there is no fee, an incorrect fee, when necessary information is missing from the fingerprint cards, or the information form was not received.
(8) The office of the superintendent of public instruction will return to the private school any fingerprint cards that the Washington state patrol or Federal Bureau of Investigation rejects for poor quality prints. The private school will be responsible for having the subject individual submit additional prints as required.
(9) The superintendent's office shall maintain a record of all properly submitted fingerprint cards in the current records data base for a period of at least two years. The record shall include at least the following:
(a) Card sequence number;
(b) Name of private school submitting the cards;
(c) Date cards received at the Washington state patrol;
(d) Date letter regarding incomplete card was sent to the subject individual with a copy to the private school (only if applicable);
(e) Date Washington state patrol received fingerprint cards;
(f) Date private school was notified of Washington state patrol criminal history record or clearance;
(g) Date private school was notified of Federal Bureau of Investigation record or lack of record.
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