Current through Register Vol. XLI, No. 38, September 20, 2024
7.1. Each educational agency or institution
shall annually notify parents of students currently in attendance, or eligible
students currently in attendance, of their rights under this policy.
7.2. The notice must inform parents or
eligible students that they have the right to:
7.2.a. Inspect and review the student's
education records;
7.2.b. Seek
amendment of the student's education records that the parent or eligible
student believes to be inaccurate, misleading, or otherwise in violation of the
student's privacy rights;
7.2.c.
Consent to disclosures of personally identifiable information contained in the
student's education records, except to the extent that section 18 authorizes
disclosure without consent; and
7.2.d. File with the WVDE or the ED a
complaint as described in section 29 concerning alleged failures by the
educational agency or institution to comply with the requirements of this
policy.
7.3. The notice
must include all of the following:
7.3.a. The
procedure for exercising the right to inspect and review education
records;
7.3.b. The procedure for
requesting amendment of records under section 13;
7.3.c. A specification of criteria for
determining who constitutes a school official and what constitutes a legitimate
educational interest;
7.3.d. Types
of information designated as directory information and procedures in section 25
for refusing to allow information to be so designated; and
7.3.e. The procedure for disclosure of
education records without consent to officials of another county and/or school
in which the student seeks to enroll.
7.4. An educational agency or institution may
provide this notice by any means that are reasonably likely to inform the
parents or eligible students of their rights.
7.4.a. An educational agency or institution
shall effectively notify parents or eligible students who are
disabled.
7.4.b. An agency or
institution of elementary or secondary education shall effectively notify
parents who have a primary or home language other than English.
7.5. Parents of students with
exceptionalities, and eligible students who are exceptional, shall receive
notice of rights under IDEA, included in the procedural safeguards
notice.
