Washington Administrative Code › Title 504 - Washington State University › Chapter 504-21 - University policy on student education records › Section 504-21-050 - Release of personally identifiable records

Current through Register Vol. 24-14, July 15, 2024
(1) The university shall not permit access to
			 or the release of education records or personally identifiable information
			 contained therein, other than "directory information," (as defined in
			 subsection (5) of this section), without the written consent of the student to
			 any party other than the following:
(a) School
			 officials with a legitimate educational interest. A school official is a person
			 employed by WSU in an administrative, supervisory, academic or research, or
			 support staff position (including health staff and WSU police); a person or
			 company with whom the university has contracted (such as an attorney, auditor,
			 or collection agent); a person serving on the board of trustees; or a student
			 serving on an official committee (such as a disciplinary or grievance
			 committee, or assisting another school official in performing his or her
			 tasks). A school official has a legitimate educational interest if the official
			 needs to review an education record in order to fulfill his or her educational
			 responsibilities.
(b) Federal and
			 state officials requiring access to education records in connection with the
			 audit and evaluation of a federally- or state-supported education program or in
			 connection with the enforcement of 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) Persons or
			 organizations, other than parents or legal guardians, providing to the student
			 financial aid, or determining financial aid decisions concerning eligibility,
			 amount, condition, and enforcement of terms of said aid.
(d) Organizations conducting studies for or
			 on behalf of the university 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) Education records may be used for
			 legitimate academic research; provided that
(i) The procedures utilized and the reported
			 findings do not violate the student's confidence;
(ii) Students' names will not be included in
			 the study or in any way linked with the data;
(iii) Case histories and case records are
			 sufficiently disguised to prevent identification of the individuals involved;
			 and
(iv) The student's written
			 permission is obtained where individual identification occurs.
(f) Accrediting organizations in
			 order to carry out their accrediting functions.
(g) Any person or entity designated by
			 judicial order or lawfully issued subpoena, upon condition that a reasonable
			 attempt has been made to notify the student of all such orders or subpoenas in
			 advance of the compliance therewith unless the subpoena is issued for a law
			 enforcement purpose or is issued by a federal grand jury and the court or other
			 issuing agency has ordered that the existence of the subpoena not be disclosed.
			 Any university employee or office receiving a subpoena or judicial order for
			 education records should immediately notify the WSU division of the office of
			 the attorney general.
(h) Parents
			 or legal guardians of a student who have established that student's status as
			 their dependent according to Internal Revenue Code.
(i) An alleged victim of any crime of
			 violence or nonforcible sexual offense, as they are defined in Appendix A to  34
			 C.F.R. Part 99, shall be informed of the results of any disciplinary proceeding
			 conducted by WSU against the alleged perpetrator of that crime with respect to
			 that crime.
(j) To the office of
			 the attorney general when disclosure is to comply with a judicial order or to
			 provide legal advice.
(k) WSU may
			 provide to parents or guardians of students under age twenty one information
			 regarding violations of federal, state, or local laws or the university's
			 conduct code where such violations concern the use or possession of alcohol or
			 controlled substances and where WSU determines that those students have
			 committed such violations.
(l) When
			 either the student initiates legal action against WSU or when WSU initiates
			 legal action against the student, WSU may disclose to the court any educational
			 records of the student that are relevant to the legal action.
(m) Information may be disclosed in
			 conformance with other exceptions to the prior written consent requirement of
			 the Family Educational Rights and Privacy Act and implementing regulations
			 found at  34 C.F.R. § 99 . A copy of these regulations may be obtained from
			 the Office of the Registrar.