West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350)
Section 126-94-12 - Maintenance and Destruction of Education Records

12.1.a. the agency or institution may not destroy any education records if there is an outstanding request to inspect and review them under section 9;

12.1.b. explanations placed in the education record under section 14 shall be maintained as long as the record or the contested portion is maintained;

12.1.c. the record of access required under section 20 shall be maintained for as long as the education record to which it pertains is maintained; and

12.1.d. for records collected for students with exceptionalities under Policy 2419:

12.2.a. directory information may be maintained in perpetuity;

12.2.b. academic grades and attendance records may be maintained in perpetuity;

12.2.c. records to verify implementation of federally funded programs and services and to demonstrate compliance with program requirements must be maintained for five years after the activity is completed;

12.2.d. other personally identifiable data which is no longer needed to provide education services may be destroyed;

12.2.e. parents and eligible students must be informed through public notice of any timelines established by the educational agency or institution for maintenance and destruction of student records; and

12.2.f. files must be maintained in a secured location. Inclusive in securing files, electronic files must be protected through the use of individual user identification and/or passwords. When user identification and/or passwords have been established, individuals are permitted to use only their designated identification and password to gain access to education records.