Washington Administrative Code › Title 148 - Deaf, Washington State School for the › Chapter 148-280 - Family Educational Rights and Privacy Act of 1974 › Section 148-280-011 - 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, photograph, date of birth, participation in
			 officially recognized activities and sports, weight and height of members of
			 athletic teams, dates of attendance, diplomas, honors, and awards received, and
			 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) "Adult student" means a student who has
			 reached eighteen years of age. When a student becomes an "adult student," the
			 rights accorded to, and the consent required of, parents under this chapter
			 transfer from the parents to the student.
(5) "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.
(6) "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.
(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 record; a list of personal characteristics or other
			 information that would make it possible to identify the student with reasonable
			 certainty.
(8) "School official"
			 includes a person employed by the center or 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 center or 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.
(9) "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 148-172 WAC (rules for the provision of special education),
			 and includes the OSPI, school districts and other public agencies.
Statutory Authority: RCW 72.40.011.
				  03-20-014, §
										148-280-011, filed 9/22/03,
				  effective 10/23/03. Statutory Authority:
				  RCW
				     72.40.022 and  20 U.S.C. §§
											1232(g), 1412(2)(D), 1414(a)(1)(B) and 1417(c). 90-16-018, §
										148-280-011, filed 7/19/90,
				  effective 8/19/90.