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Chapter 132I-280 WAC

Last Update: 10/9/14


WAC Sections

HTMLPDF132I-280-010Confidentiality of student records.
HTMLPDF132I-280-015Definition of a student.
HTMLPDF132I-280-020Education records—Student's right to inspect.
HTMLPDF132I-280-025Requests and appeal procedures.
HTMLPDF132I-280-030Release of personally identifiable records.
HTMLPDF132I-280-035College records.
HTMLPDF132I-280-040Review of records requests and requests to amend.


Confidentiality of student records.

The college continually receives requests from outside sources for information about students, both past and present. The staff and faculty of the college are reminded that 20 U.S.C 1232(g) the Family Educational Rights and Privacy Act of 1974 directs the college to adopt a policy on student education records to insure that information contained in such records is treated in a responsible manner with due regard to the personal nature of the information contained in those records. In order to prevent embarrassment or possible legal involvement of the college and its employees because of improper disclosure of information, it is important that college policy be implemented in the release of such information.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-010, filed 7/21/92, effective 8/21/92.]


Definition of a student.

A student is defined as any person who is or has been officially registered at Highline College and with respect to whom the college maintains education records or personally identifiable information.
[Statutory Authority: Chapter 34.05 RCW et seq. and RCW 28B.50140 [28B.50.140] (10) and (13). WSR 14-21-063, § 132I-280-015, filed 10/9/14, effective 11/9/14. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-015, filed 7/21/92, effective 8/21/92.]


Education records—Student's right to inspect.

(1) A student has the right to inspect and review his or her education records.
(a) For purposes of this section the term "education records" means those records, files, documents, and other materials which contain information directly related to a student.
(b) The term "education records" does not include:
(i) Records of instructional, supervisory, and administrative personnel which exist solely for the use of the maker and which are not accessible or revealed to any other person except a substitute.
(ii) In the case of persons who are employed by an educational institution but who are not attending that institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for any other use.
(iii) Records on a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional capacity, or assisting in that capacity and which are created, maintained, or used only in connection with the treatment of the student, and are not available to anyone other than persons providing such treatment; provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
(2)(a) Recommendations, evaluations, or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in (b), (c), and (d) of this subsection.
(b) The student may specifically release his right to review where the information consists only of confidential recommendations respecting:
(i) Admission to any educational institution; or
(ii) An application for employment; or
(iii) Receipt of an hour or honorary recognition.
(c) A student's waiver of his or her right of access to confidential statements shall apply only if:
(i) The student is, upon request, notified of the names of all persons making confidential statements concerning him; and
(ii) Such confidential statements are used solely for the purpose for which they were originally intended; and
(iii) Such waivers are not required as a condition for admission to, receipt of financial aid form, or receipt of any other services or benefits from the college.
(d) Recommendations, evaluations, or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release under (a) of this subsection. Such records shall remain confidential and shall be released only with the consent of the author. Such records shall be used by the institution only for the purpose for which they were originally intended.
(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to the student.
(4) Students have the right to obtain copies of their educational records. Charges for the copies shall not exceed the cost normally charged by the college (except in cases where charges have previously been approved by the board of trustees action for certain specified services, such as transcripts and grade sheets).
(5) The college registrar is the official custodian of academic records and therefore is the only official who may issue a transcript of the student's official academic record.
(6) Student education records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with this section and WAC 132I-280-025 be removed or destroyed prior to providing the student access.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-020, filed 7/21/92, effective 8/21/92.]


Requests and appeal procedures.

(1) A request by a student for review of information should be made in writing to the college individual or office having custody of the particular record.
(2) An individual or office must respond to a request for education records within a reasonable period of time, but in no case more than thirty days after the request has been made. A college individual or office which is unable to comply with a student's request within the above-stated time period shall inform the student of that fact and the reasons in writing.
(3)(a) A student who feels that his or her request has not been properly answered by a particular individual or office or who feels that the information contained in those records is incorrect should contact the appropriate dean responsible for the individual or office for mediation.
(b) In cases where a student remains dissatisfied after consulting with the appropriate dean the student may then request a hearing by the president or his or her designee(s). Following the hearing, the hearing officer shall render his or her decision within a reasonable period of time. In all cases the decision of the hearing officer shall be final.
(c) In no case shall any request for review by a student be considered by the college which has not been filed with that body in writing within ninety days from the date of the initial request to the custodian of the record.
(d) The college shall not review any matter regarding the appropriateness of official academic grades beyond that provided for in WAC 132I-120-427, et seq.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-025, filed 7/21/92, effective 8/21/92.]


Release of personally identifiable records.

(1) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information" without the written consent of the student, to any party other than the following:
(a) College staff, faculty, and students when officially appointed to a faculty council or administrative committee, when the information is required for a legitimate educational interest within the performance of their responsibilities to the college, with the understanding that its use will be strictly limited to the performance of those responsibilities.
(b) Federal and state officials requiring access to education records in connection with the audit and evaluation or a federally or state-supported education program or in connection with the enforcement of the federal or state legal requirements which relate to such programs. In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students and their parents to other than those officials and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, or enforcement of legal requirements.
(c) Agencies or individuals requesting information in connection with a student's application for, or receipt of financial aid.
(d) Organizations conducting studies for or on behalf of the college for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purposes for which it was provided.
(e) Accrediting organizations in order to carry out their accrediting functions.
(f) Any person or entity designated by judicial order or lawfully issued subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of the compliance therewith. Any college individual(s) or office(s) receiving a subpoena or judicial order for education records shall immediately notify the assistant attorney general for the college before releasing the documents.
(2) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the person giving such consent, and shall include:
(a) A specification of the records to be released;
(b) The reasons for such release; and
(c) The names of the parties to whom such records will be released.
(3) In cases where records are made available without student release as permitted by subsection (1)(b), (c), (d), (e), and (f) of this section, the college shall maintain a record kept with the education record released which will indicate the parties which have requested or obtained access to a student's records maintained by the college and which will indicate the legitimate interest of the investigating party. Releases in accordance with subsection (1)(a) of this section need not be recorded.
(4) Personally identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally identifiable form to any other parties without obtaining consent of the student.
(5) The term "directory information" used in subsection (1) of this section is defined as a student's name, address, telephone number, dates of attendance, and degrees and awards received. Students may request that the college withhold directory information through written notice to the registration office.
(6) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-030, filed 7/21/92, effective 8/21/92.]


College records.

All college individuals or offices having custody of education records will develop procedures in accord with WAC 132I-280-010 through 132I-280-040. Any supplementary regulations found necessary by departments will be filed with the college which will be responsible for periodic review of policy and procedures.
No records shall be kept that reflect a student's political or ideological beliefs or associations.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-035, filed 7/21/92, effective 8/21/92.]


Review of records requests and requests to amend.

(1) The registrar shall be responsible for reviewing unusual requests for information and for assisting in the interpretation of these rules.
(2)(a) A student who believes that information contained in his or her educational records is inaccurate or misleading or violates his or her privacy may request that the college amend these records.
(b) The college shall decide within ten working days of a student's request to amend records whether or not it will amend those records.
(c) If the college decides to refuse to amend the educational records of the student according to his or her request, it shall so inform the student of the refusal and advise the student of the right to a hearing.
(d) The student feeling aggrieved by a denial of his or her request to amend educational records may file an appeal requesting a formal adjudicative proceeding before the president or their designee.
(e) If, at the conclusion of the hearing process, the college still declines to amend the student's educational records, the student may place a statement in his or her educational records explaining that he or she feels that the records are erroneous and setting out the reasons for this belief. This statement shall be retained as long as the disputed information is on file and shall be forwarded with this information any time it is disclosed to an outside agency.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. WSR 92-15-115, § 132I-280-040, filed 7/21/92, effective 8/21/92.]