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 126-94-4 - General Responsibilities
Universal Citation: 126 WV Code of State Rules 126-94-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Responsibilities of the WVBE. The WVBE has primary responsibility for defining and assuring the collection of data elements necessary for assessing the quality, efficiency, and efficacy of the state education system. Given this responsibility, the WVBE shall:
4.1.a. establish, maintain, and make publicly
available policies concerning the collection, protection, maintenance, and
disposition of student data, including:
4.1.a.1. policies protecting student privacy
and outlining parent and student rights of access and control;
4.1.a.2. policies setting guidelines for the
destruction, archiving, or other final disposition of student data after an
appropriate period of time following the student's graduation or other
permanent cessation of enrollment in West Virginia public schools;
4.1.b. monitor compliance with
state and federal laws and policies concerning student data privacy and related
individual or familial rights;
4.1.c. periodically review elements within
the data system to ensure their continued (individual and collective) relevance
and comprehensiveness for assessing the quality, efficiency, and efficacy of
the state education system and its various programs; and
4.1.d. serve as an advocate for high-quality,
timely, accurate, and secure data collection and use.
4.2. Responsibilities of the West Virginia Department of Education (WVDE). The WVDE has a primary leadership role in defining data elements; developing frameworks and procedures for efficient data collection and reporting; monitoring and advising counties in the collection and maintenance of education data; and assuring the WVBE, the West Virginia Governor, the West Virginia Legislature, and the public that education data in the state are accurate, useful, and secure. It is the further responsibility of the WVDE to:
4.2.a. establish, maintain, and
make publicly available standards, procedures, and guidance concerning the
collection, protection, maintenance, and disposition of student data,
including:
4.2.a.1. standards and best
practices for quality, accuracy, utility, and security in education data
collection and reporting;
4.2.a.2.
guidance, plans, and procedures for protecting student data and complying with
all relevant state and federal privacy laws and policies, including, but not
limited to, FERPA; and
4.2.a.3.
procedures and best practices for the destruction, archiving, or other final
disposition of student data after an appropriate period of time following the
student's graduation or other permanent cessation of enrollment in West
Virginia public schools;
4.2.b. maintain, update, and make publicly
available the inventory and dictionary of individual student data elements in
the student data system, complete with definitions and reasons for inclusion,
including, but not limited to, statutory requirements;
4.2.c. assist the WVBE in the review of
elements within the data system to ensure their continued (individual and
collective) relevance and comprehensiveness for assessing the quality,
efficiency, and efficacy of the state education system and its various
programs, and support the addition or exclusion of elements including:
4.2.c.1. releasing for public review reasons
for excluding any currently- or historically-collected data elements from
future data collections; and
4.2.c.2. releasing for public review and
comment any new data elements proposed for inclusion in the student data
system, including the purposes and legal authority for inclusion of the new
data element;
4.2.d.
manage, support, and provide technical assistance for high-quality, timely,
accurate, and secure data collection and use throughout the state, including:
4.2.d.1. supporting necessary computer
infrastructure for data collection, management, and security, as appropriate
given their responsibilities, including:
4.2.d.1.A. providing training and technical
support, as needed, to staff responsible for operating data management and
reporting systems, to include West Virginia Education Information System
(WVEIS) and ZoomWV.
4.2.d.2. developing, maintaining, and
supporting appropriate data collection and management systems and tools for use
at the local level, including, but not limited to, the WVEIS and associated
tools and applications;
4.2.d.3.
developing, monitoring, and supporting appropriate data collection processes
and protocols to be implemented at the local level, including, but not limited
to, certified data collections;
4.2.d.4. providing technical assistance and
guidance to counties and schools to ensure that data submitted through WVEIS
are accurate, complete, timely, and compliant with relevant laws and
regulations;
4.2.d.5. providing
technical assistance and guidance to Educational Services Cooperatives (ESCs),
as requested, to ensure that data are accurate, complete, and compliant with
relevant laws and regulations;
4.2.d.6. implementing and maintaining an
appropriate reporting infrastructure for required and ad hoc reports and data
requests; and
4.2.d.7. offering
outreach, training, and technical assistance to WVDE staff, ESCs, counties,
schools, and other entities regarding federal and state requirements respecting
the privacy of education records and conditions for disclosure, as well as best
practices for data security;
4.2.e. ensure compliance with applicable
privacy and security policies and regulations at the state, regional, and local
levels through routine monitoring;
4.2.f. ensure that appropriate data are
available for different stakeholders to assess the quality, performance, and
progress of students and the education system, including:
4.2.f.1. establishing, maintaining, and
monitoring implementation of guidelines for granting access to data systems,
including WVEIS and education data reporting tools, based on potential users'
informational needs and legitimate educational interest in accessing the data;
and
4.2.f.2. maintaining and
publishing current and historical reports of information required for assessing
and determining state, county, and school performance, progress, and
accountability;
4.2.g.
pursuant to W. Va. Code §
18-2-5h,
the Student Data Accessibility, Transparency, and Accountability Act (Student
DATA Act), make information about agreements between the WVDE and other state
agencies concerning access to student data available to the public, including
explanations of:
4.2.g.1. the purposes and
uses for such agreements; and
4.2.g.2. how parents may withdraw their
consent for their child(ren)'s information to be made available to other state
agencies as detailed in the agreements;
4.2.h. develop and implement a detailed plan
for managing and maintaining data security within the state's data system and
for responding to privacy or security incidents and breaches; and
4.2.i. report annually to the WVBE, West
Virginia Governor, West Virginia Legislature, and public about the state and
security of the student data system.
4.3. Responsibilities of Counties and Schools. Counties and schools bear primary responsibility for collecting, recording, and protecting student data. As front-line leaders of data collection, maintenance, and use in the state education system, it is the responsibility of counties and schools to:
4.3.a. designate a staff member within the
counties to serve as the data governance point of contact whose
responsibilities will include:
a) serving as
the primary local expert with regard to data privacy and other data governance
issues; and
b) maintaining regular
contact with WVDE to receive training, information, and updates to support data
governance and privacy practices within the county;
4.3.b. ensure that staff are familiar with
and adhere to all applicable data security and privacy policies including, but
not limited to, these procedures, W. Va. 126CSR41, Policy 2460, Educational
Purpose and Acceptable Use of Electronic Resources, Technologies and the
Internet, the Student DATA Act, FERPA, relevant local policies, and other
applicable regulations relating to security and acceptable use of education
records and information systems. In accordance with such regulations, counties
and schools will, among other activities:
4.3.b.1. ensure that student data are
accessible only to authorized parties with a legitimate educational interest,
provided that:
4.3.b.1.A. individuals
authorized to access student data on behalf of an educational agency or
institution for the purpose of data entry or editing must be older than 18
years of age and must not be currently enrolled as a student in any West
Virginia pre-k through grade 12 school, including public and non-public
education options;
4.3.b.1.B. all
parties authorized to access student data on behalf of an educational agency or
institution must have a current data access agreement on file in which they
have agreed to their responsibilities with respect to protecting privacy and
using data appropriately pursuant to the requirements of all applicable
federal, state, and local regulations, including these procedures;
and
4.3.b.1.C. nothing in this
section prevents counties and schools from using appropriate mechanisms to
provide parents and eligible students access to review their own or their
child(ren)'s individual education records pursuant to these procedures, the
Student DATA Act, FERPA, relevant local policies, and other applicable
regulations;
4.3.b.2.
ensure that appropriately rigorous protocols and procedures are in place to
secure both electronic and physical records, including protocols for
terminating access for parties who:
a) no
longer have a legitimate educational interest,
b) disclose student data,
c) use student data in inappropriate or
unauthorized ways, or
d) in other
ways violate federal, state, and/or local regulations relating to student data
access and privacy;
4.3.b.3. provide annual notification of
rights, pursuant to section 7;
4.3.b.4. as required by law (sections 17 and
18), obtain consent from parents or eligible students prior to the release of
information from students' education records; and
4.3.b.5. immediately respond to any data
privacy or security incidents or breaches and report such incidents to the
appropriate authorities, including WVDE staff responsible for data governance,
for further response and investigation;
4.3.c. adhere to applicable standards and
procedures for data collection and quality assurance and, to the extent
possible, implement related best practices as identified by the WVDE,
including:
4.3.c.1. ensuring that all required
data are entered into WVEIS in a timely and efficient manner and certified or
verified in accordance with timelines established by the WVDE;
4.3.c.2. ensuring that all data entered into
WVEIS are complete and accurate as of the date of entry; and
4.3.c.3. refraining from the collection or
reporting of certain individual student data, as prohibited by the Student DATA
Act (W. Va. Code §
18-2-5h(d)
and (e));
4.3.d. regularly offer and/or encourage staff
participation in training, professional development, or informational sessions,
including sessions offered by the WVDE, to refresh staff members' knowledge of
policies and best practices concerning data collection, privacy, and
security.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
