Current through Register Vol. XLI, No. 38, September 20, 2024
28.1.
The State Superintendent of Schools designates WVDE staff responsible for data
governance activities to:
28.1.a. provide
guidance and technical assistance to all educational agencies and institutions
in the state to ensure understanding and compliance with applicable state and
federal privacy regulations and guidance, to include this policy; the Student
DATA Act; WVDE's Data Access and Management Guidance; FERPA; and other
applicable regulations;
28.1.b.
provide regular training to key staff at educational agencies and institutions
within the state to ensure understanding of data privacy requirements and
responsibilities under applicable state and federal regulations;
28.1.c. act as the primary review entity in
the state to monitor and enforce privacy regulations with respect to all
programs for which the WVDE has administrative responsibility, including
conducting routine audits to ensure ongoing compliance with laws and
regulations and state security policies and procedures as required by the
Student DATA Act;
28.1.d.
investigate, process, and review complaints and violations related to student
data privacy under this policy and other applicable laws and regulations;
28.1.d.1. as warranted by investigations or
reviews conducted in accordance with these procedures, and as deemed
appropriate by the state superintendent of schools or designee, refer
allegations of FERPA violations to the ED's Student Privacy Policy Office for
federal review; and
28.1.e. prepare such reports and publications
as may be necessary and expedient to monitor and ensure compliance with
applicable laws regarding student data collection, management, maintenance, and
disclosure.
28.2. WVDE
staff may require educational agencies or institutions to submit reports or
other evidence containing information necessary to resolve complaints of
privacy violations under applicable laws and regulations.
28.3. For issues relating to compliance with
federal laws and regulations, the Secretary designates:
28.3.a. the ED's Student Privacy Policy
Office to provide technical assistance to ensure compliance with FERPA and
applicable federal regulations and to investigate and review complaints and
violation under FERPA; and
28.3.b.
the ED's Office of Administrative Law Judges to act as the Review Board
required under FERPA to enforce it with respect to all applicable programs as
defined in the General Education Provisions Act,
20 U.S.C. §
1221(c).
28.4. The ED's Student Privacy
Policy Office may require an educational agency or institution to submit
reports containing information necessary to resolve complaints under FERPA and
applicable federal regulations.
28.4.a. Such
reports may be in addition to information requested by WVDE personnel for
investigating complaints at the state level.
