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 126-94-18 - Prior Consent for Disclosure Not Required
Universal Citation: 126 WV Code of State Rules 126-94-18
Current through Register Vol. XLI, No. 38, September 20, 2024
18.1. An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student if the disclosure is:
18.1.a.
to other school officials, including teachers, within the educational agency or
institution who have been determined by the agency or institution to have
legitimate educational interest; and
18.1.b. to officials of another school or
school system, or institution of post-secondary education, in which the student
seeks or intends to enroll, subject to the requirements of section
22.
18.1.c. Subject to the
conditions set forth in section 23, to authorized representatives of:
18.1.c.1. the Comptroller General of the
United States;
18.1.c.2. the
Secretary; or
18.1.c.3. state and
local educational authorities.
18.1.d. In connection with financial aid for
which a student has applied or which a student has received; provided, that
personally identifiable information from the education records of the student
may be disclosed only as may be necessary for such purposes as:
18.1.d.1. to determine the eligibility of the
student for financial aid;
18.1.d.2. to determine the amount of the
financial aid;
18.1.d.3. to
determine the conditions which will be imposed regarding the financial aid;
and
18.1.d.4. to enforce the terms
or conditions of the financial aid.
18.1.e. To state and local officials or
authorities to whom this information is specifically:
18.1.e.1. allowed to be reported or disclosed
pursuant to state statute adopted before November 19, 1974, if the allowed
reporting or disclosure concerns the juvenile justice system and the system's
ability to effectively serve the student whose records are released;
or
18.1.e.2. allowed to be reported
or disclosed pursuant to state statute adopted after November 19, 1974, subject
to the requirements of section 26.
18.1.f. To organizations conducting studies
for, or on behalf of, educational agencies or institutions as described in
section 16 for the purpose of:
a) developing,
validating or administering predictive tests;
b)
administering student aid programs; or
c) improving instruction; provided, that the
studies are conducted in a manner that will not permit the personal
identification of students and their parents by individuals other than
representatives of the organization and the information will be destroyed when
no longer needed for the purposes for which the study was conducted; the term
organizations includes, but is not limited to federal, state, and local
agencies, and independent organizations.
18.1.g. To accrediting organizations in order
to carry out their accrediting functions.
18.1.h. To parents of a dependent
student.
18.1.i. To comply with a
judicial order or lawfully issued subpoena; provided, that the educational
agency or institution makes a reasonable effort to notify the parent of the
student or the eligible student of the order or subpoena in advance of
compliance, so that the parent or eligible student may seek protective action;
unless the disclosure is in compliance with:
18.1.i.1. a federal grand jury subpoena and
the court has ordered that the existence or the contents of the subpoena or the
information furnished in response to the subpoena not be disclosed;
18.1.i.2. any other subpoena issued for a law
enforcement purpose and the court or other issuing agency has ordered that the
existence or the contents of the subpoena or the information furnished in
response to the subpoena not be disclosed; or
18.1.i.3. a judicial order or subpoena issued
in a court proceeding involving child abuse and neglect or dependency matters
in which the parent of the student is a party.
18.1.i.4. If the educational agency or
institution initiates legal action against a parent or student and has complied
with section 18.1.i, it may disclose education records that are relevant to the
action to the court without a court order or subpoena.
18.1.j. To appropriate parties in health or
safety emergency subject to the conditions set forth in section 24.
18.1.k. To an agency caseworker or other
representative of a state or local child welfare agency who has the right to
access a student's case plan when such agency or organization is legally
responsible in accordance with state law for the care and protection of the
student, provided that the education records, or the personally identifiable
information contained in such records of the student will not be disclosed by
such agency or organization, except to an individual or entity engaged in
addressing the student's education needs and authorized by such agency or
organization to receive such disclosure and such disclosure is consistent with
the state laws and regulations applicable to protecting the confidentiality of
a student's education records.
18.1.l. The disclosure is information the
educational agency or institution has designated as directory
information.
18.1.m. The disclosure
is to the parent of a student who is not an eligible student or to the
student.
18.1.n. The disclosure is
to an alleged victim of any crime of violence, as that term is defined in
18 U.S.C. §
16, of the results of any disciplinary
proceeding conducted by an institution of post-secondary education against the
alleged perpetrator of that crime with respect to that crime.
18.2. This section does not forbid an educational agency or institution to disclose, nor does it require an educational agency or institution to disclose, personally identifiable information from the education records of a student to any parties under this section, with the exception that parents of a student who is not an eligible student and the student must have access.
18.3. For records of special education students, each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may access personally identifiable information.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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