Washington Administrative Code › Title 72 - Blind, Washington State School for the › Chapter 72-280 - Family Educational Rights and Privacy Act of 1974 › Section 72-280-011 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1) "Directory information" means information
			 contained in an education record of a student which would not generally be
			 considered harmful or an invasion of privacy if disclosed. It includes, but is
			 not limited to, the student's name, date of birth, major field of study,
			 participation in officially recognized activities and sports, weight and height
			 of members of athletic teams, dates of attendance, diplomas, honors, and awards
			 received, and the most recent school or program attended.
(2) "Disclosure" means to permit access to or
			 the release, transfer, or other communication of education records, or the
			 personally identifiable information contained in those records, to any party, by
			 any means, including oral, written, or electronic means.
(3) "Education records" means the type of
			 records covered under the definition of "education records" in  34 C.F.R. Part 99
			  (regulations implementing FERPA).
(4)
			 "Eligible student" means a student who has reached eighteen years of age. When a
			 student becomes an "eligible student," the rights accorded to, and the consent
			 required of, parents under this chapter, transfer from the parents to the
			 student.
(5) "Parent" means a parent
			 of a student and includes a natural parent, a guardian, or an individual acting
			 as a parent in the absence of a parent or guardian.
(6) "Party" means an individual, agency,
			 institution, or organization.
(7)
			 "Personally identifiable information" includes, but is not limited to, the
			 student's name; the name of the student's parent or other family member; the
			 address of the student or student's family; a personal identifier, such as the
			 student's Social Security number or student number or biometric records; a list
			 of personal characteristics or other information that would make it possible to
			 identify the student with reasonable certainty.
(8) "Student" means any individual who is or
			 has been in attendance at the school and regarding whom the school maintains
			 education records.
(9) "Legitimate
			 educational interest" exists if the school official needs to have access to the
			 record in order to fulfill the official's professional responsibility, perform
			 appropriate tasks that are specified in his or her position description or
			 contract agreement, perform a function related to a student's education or
			 discipline, perform a service or benefit relating to the student or student's
			 family, such as health education, counseling, advising, or student employment, or
			 maintain safety and security.
(10)
			 "School official" includes a person employed by the school as a teacher,
			 administrator, supervisor, counselor, support or clerical staff, human resources
			 staff, information systems specialist, school security personnel, a person
			 appointed to the board of trustees, a person with whom the school has contracted
			 to perform a service to or on behalf of the school (such as an attorney, hearing
			 officer, auditor, medical consultant, or therapist), a parent or student serving
			 on an official committee or assisting another school official in performing his
			 or her tasks, or other party to whom the school has outsourced institutional
			 services or functions.
(11)
			 "Participating agency" means any school district, agency or institution which
			 collects, maintains, or uses personally identifiable information, or from which
			 information is obtained in implementing chapters 392-172A and 72-171 WAC (rules
			 for the provision of special education), and includes the OSPI, school districts
			 and other public agencies.
Statutory Authority:
				  RCW
				    72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-010, §
										72-280-011, filed 7/19/90, effective
				  8/19/90.