reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Section 126-92-26 - Inspection and Maintenance of Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Vehicle Inspection.
26.1.a. Pursuant to W.Va. Code §
										17C-16-2,
				any member of a department of public safety may stop and inspect a bus at any
				time.
26.1.b. Qualified bus
				inspectors are employed by the WVDE and may inspect a bus at any time without
				prior notice.
26.1.c. All buses
				transporting students to school and/or school-related events shall be inspected
				by a qualified bus inspector annually during the fiscal year (July 1 - June
				30).
26.1.c.1. The State Director shall
				supervise the scheduling of bus inspections and may require additional and
				random inspections of buses.
26.1.c.2. The operator may be required to
				present to the bus inspector a valid commercial drivers license, a first aid
				certificate, and a State of West Virginia certification card at the time of
				inspection.
26.1.c.3. All buses
				used to transport students shall be inspected and display a valid inspection
				certificate.
26.1.d. A
				bus used to transport students that is involved in an accident which causes
				damage to any steering component, front axle or frame, or any major structural
				damage requiring the bus to be towed, must be inspected and approved by a WVDE
				bus inspector prior to returning to service.
26.1.d.1. Any seat belts (driver's seat belt,
				seat belts anchoring child restraints, wheelchair restraints, etc.) in use at
				the time of a moderate to severe accident shall be replaced. Additionally, the
				CSRS, if in use, shall be replaced following a moderate to severe accident.
				CSRS do not automatically need to be replaced following a minor accident. A
				minor accident is one in which all of the following apply:
26.1.d.1.A. the vehicle was able to be driven
				away from the crash site.
26.1.d.1.B. the area of the vehicle nearest
				the CSRS was not damaged.
26.1.d.1.C. none of the passengers in the
				vehicle sustained any injuries in the crash.
26.1.d.1.D. if the vehicle had air bags, they
				were not deployed during the accident.
26.1.d.1.E. there was no visible damage to
				the CSRS.
26.1.e. Any bus used to transport students
				which is declared unsafe is to be marked with the appropriate rejection
				sticker.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Section 126-92-27 - Incorporation by Reference - West Virginia Minimum Requirements for Design and Equipment of School Buses (Attachment A)

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. The West Virginia Minimum Requirements
				for Design and Equipment of School Buses is incorporated by reference into this
				policy and is found at Attachment A.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Section 126-92-28 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. If any
				provision of this policy or application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Attachment A - West Virginia Minimum Requirements for Design and Equipment of School Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
NOTE:
Equivalency - Permission to use a device
				  or material as an "equivalent" to that called for in the "requirements" must be
				  requested in writing by the manufacturer or owner. Any item supplied as an
				  "equivalent" must have prior approval in writing from the West Virginia
				  Department of Education (WVDE) Executive Director of the Office of School
				  Facilities and Transportation (State Director).
New Products - New products may be subjected to the
				  experimental and field test evaluation procedures facilitated by the WVDE
				  Office of School Facilities and Transportation staff for one year from the
				  start date. The staff in conjunction with the State Director may determine the
				  county(ies) in which the field test evaluation will be conducted and the length
				  of time of the evaluation.
Changes - Any proposed changes in design or equipment by
				  counties after receipt of the school bus must have prior approval in writing
				  from the State Director.
1.
School Bus Chassis.
1.1. Air Cleaner.
1.1.a. The engine intake air cleaner shall be
				dry element type and properly installed by the chassis manufacturer to meet
				engine specifications. The manufacturer shall provide an air restriction
				indicator device. Exception: Type D vehicles with engine in rear are required
				to have a clearly visible air restriction indicator mounted in the engine
				compartment.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes rules and regulations governing the transportation
				of school children participating in athletic, literary and band activities.
1.2. Authority. -- W. Va. Code
				''18-5-13(6)
				and
				18-2-5.
1.3. Filing Date. -- December 23,
				1982.
1.4. Effective Date. --
				December 23, 1982.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-2 - Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
All boards of education exercising this authority to provide
				  transportation for pupils participating in athletic, literary and band
				  activities shall receive all requests from schools and arrange a county-wide
				  schedule each semester of the school year.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-3 - Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
Schedules for extra-curricular activities approved by law
				  shall not conflict with the regularly organized transportation schedule that
				  provides transportation to and from school for all children.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-4 - Supervision

Current through Register Vol. XLI, No. 28, July 12, 2024
All buses operating on the extra-curricular activity schedule
				  shall, in addition to the regularly employed driver, be supervised by a
				  regularly employed member of the school staff.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-5 - Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
Only those buses owned by the county board of education shall
				  be used in providing this service to the various schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-6 - Drivers

Current through Register Vol. XLI, No. 28, July 12, 2024
Only drivers regularly employed by the board of education
				  shall be used to operate buses while on trips away from their regularly
				  scheduled routes.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-7 - Inservice

Current through Register Vol. XLI, No. 28, July 12, 2024
All buses used for extracurricular activities as defined in
				  Sub-Section b, Section 13, Article 5, shall be covered by insurance as provided
				  in Sub-Section 7 of the same article.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-8 - Report

Current through Register Vol. XLI, No. 28, July 12, 2024
Each county extending this service to schools for
				  extra-curricular activities shall file at the end of each calendar month a
				  financial and statistical report on forms provided by the State Division of
				  School Transportation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-093 - Transportation Of School Children Participating In Athletic, Literary And Band Activities (4336A) › Section 126-93-9 - State Aid

Current through Register Vol. XLI, No. 28, July 12, 2024
State aid for transportation shall not be increased to cover
				  extra costs incurred in service for extra-curricular activities as provided in
				  Sub-Section 6, Section 13, Article 5, Chapter 18, as amended by act of
				  Legislature 1945.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule sets forth the requirements for the collection, maintenance,
				and disclosure of student data in West Virginia public schools.
1.1.a. County/Counties. For purposes of this
				rule, county includes county boards of education, schools and facilities under
				the supervision of the West Virginia Board of Education (WVBE), and charter
				public schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The WVBE is
				committed to protecting the privacy of student data while also ensuring the
				availability of high-quality information about West Virginia's public schools
				to guide and inform local and statewide decision-making. The availability of
				high-quality information for decision-making is a crucial need, given the
				WVBE's responsibility to ensure that a thorough and efficient system of schools
				is being provided and to improve student, school, and school system performance
				and progress. The WVBE is committed to ensuring the security of education
				records and the privacy of student and family information across the state of
				West Virginia. To fulfill its commitments and meet the information needs of
				stakeholders, the WVBE establishes standards and procedures to guide agencies
				and institutions under its general supervision as staff collect and manage
				information about students. The purpose of these procedures is to establish
				standards governing the collection, maintenance, disclosure, and final
				disposition of education data and records and to set forth the conditions
				governing privacy protections and access rights for parents and
				students.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As used in
				these procedures:
3.1.a. Attendance. Presence
				at an educational agency or institution, or participation in curricular,
				co-curricular, or extracurricular activities, including but not limited to:
a) attendance in person, engaging in virtual
				or remote learning in accordance with county policy, and receiving homebound
				instruction, and
b) the period
				during which a person is working under a work-study
				program.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-4 - General Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 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;
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-5 - Parent Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				educational agency or institution shall give full rights to either parent
				unless the agency or institution has been provided with evidence that there is
				a court order, state statute, or legally binding document relating to such
				matters as divorce, separation or custody, that specifically revokes those
				rights.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-6 - Student Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. For the
				purpose of section 6, whenever a student has attained 18 years of age, or is
				attending an institution of post-secondary education, the rights accorded to
				and the consent required of the parents transfer to the student.
6.2. This policy does not prevent educational
				agencies or institutions from giving students rights in addition to those given
				to parents.
6.3. If an individual
				is or has been in attendance at one component of an educational agency or
				institution, that attendance does not give the individual rights as a student
				in other components of the agency or institution to which the individual has
				applied for admission, but has never been in attendance.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-7 - Annual Notification of Rights

Current through Register Vol. XLI, No. 28, July 12, 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.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-8 - Law Enforcement Units

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Law
				enforcement unit means any individual, office, department, division, or other
				component of an educational agency or institution, such as a unit of
				commissioned police officers or non-commissioned security guards, that is
				officially authorized or designated by that agency or institution to:
8.1.a. enforce any local, state, or federal
				law, or refer to appropriate authorities a matter for enforcement of any local,
				state, or federal law against any individual or organization other than the
				agency or institution itself; or
8.1.b. maintain the physical security and
				safety of the agency or institution
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-9 - Right to Inspect and Review Education Records

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each educational agency or institution
				and its components shall permit the parent or an eligible student to inspect
				and review the education records of the student.
9.2. The educational agency or institution
				shall comply with a request for access to records within a reasonable period of
				time, but not more than 30 days after it has received the request.
9.3. The educational agency or institution
				shall respond to reasonable requests for explanations and interpretations of
				the records.
9.4. When a request is
				being made regarding records of an exceptional student:
9.4.a. the agency shall comply with section
				9.2 and before any meeting regarding an IEP or any hearing relating to the
				identification, evaluation, or educational placement of the student, or the
				provision of free appropriate public education to the student;
9.4.b. the right to inspect and review
				education records of an exceptional student includes the right to have a
				representative of the parent inspect and review the records; and
9.4.c. the participating agency shall provide
				parents, upon request, a list of the types and locations of education records
				collected, maintained, or used by the agency.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-10 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An
				educational agency or institution may charge a fee for copies of educational
				records, which are made for the parent or eligible student, provided that the
				fee does not effectively prevent the parent and/or eligible student from
				exercising the right to inspect and review those records.
10.2. An educational agency or institution
				may not charge a fee to search for or retrieve the education records of a
				student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-11 - Limitations on Right to Inspect and Review Education Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If the education records of a student
				contain information on more than one student, the parent of the student or the
				eligible student may inspect and review or be informed of only the specific
				information about that student.
11.2. A post-secondary institution does not
				have to permit a student to inspect and review education records that are:
11.2.a. financial records, including any
				information those records contain, of the student's parents;
11.2.b. confidential letters and confidential
				statements of recommendation placed in the education records of the student
				before January 1, 1975, as long as the statements are used only for the
				purposes for which they were specifically intended; and
11.2.c. confidential letters and confidential
				statements of recommendation placed in the student's education records after
				January 1, 1975, if the student has waived their right to inspect and review
				these letters and statements and the letters and statements are related to the
				student's admission to an educational institution, application for employment,
				or receipt of an honor or honorary recognition. Provided that a waiver is valid
				only if:
11.2.c.1. the educational agency or
				institution does not require the waiver as a condition for admission to or
				receipt of a service or benefit from the agency or institution; and
11.2.c.2. the waiver is made in writing and
				signed by the student, regardless of age.
11.2.d. If a student has waived their rights
				under this section, the educational institution shall:
11.2.d.1. give the student, on request, the
				names of the individuals who provided the letters and statements of
				recommendation; and
11.2.d.2. use
				the letters and statements of recommendation only for the purpose for which
				they were intended.
11.2.e. A waiver under this section may be
				revoked in writing with respect to any actions occurring after the
				revocation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE 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

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An educational agency or institution is
				not precluded from destroying education records, subject to the following
				exceptions:
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:
a) the educational agency or institution
				shall inform parents when personally identifiable information collected,
				maintained, or used is no longer needed to provide educational services to the
				child;
b) the information must be
				destroyed at the request of the parents;
c)
				 however, a permanent record of a student's name, address, phone
				number, grades, attendance record, classes attended, grade level completed, and
				year completed may be maintained without time limitation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-13 - Request to Amend Education Records

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The parent of a student or an eligible
				student who believes that information contained in the education records of the
				student is inaccurate, misleading, or violates the privacy rights of the
				student may request the educational agency or institution to amend the
				record.
13.2. The educational
				agency or institution shall decide whether to amend the educational records of
				the student in accordance with the request within a reasonable period of time
				after it receives the request.
13.3. If the educational agency or
				institution decides not to amend the record as requested, it shall inform the
				parent of the student or the eligible student of the refusal and of the right
				to a hearing under section 14.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-14 - Right to a Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An
				educational agency or institution shall give a parent or eligible student, on
				request, an opportunity for a hearing to challenge the content of a student's
				education records on the grounds that information contained in the education
				records of the student is inaccurate, misleading, or otherwise in violation of
				the privacy rights of the student.
14.2. If, as a result of the hearing, the
				educational agency or institution decides that the information is inaccurate,
				misleading, or otherwise in violation of the privacy rights of the student, it
				shall amend the education records of the student accordingly and so inform the
				parents of the student or the eligible student in writing.
14.3. If, as a result of the hearing, the
				educational agency or institution decides that the information is not
				inaccurate, misleading, or otherwise in violation of the privacy rights of the
				student, it shall inform the parent or eligible student of the right to place
				in the education records of the student a statement commenting on the contested
				information in the record and/or stating why they disagree with the decision of
				the agency or institution.
14.4.
				Any explanation placed in the education records of the student under section
				14.3 shall:
14.4.a. be maintained by the
				educational agency or institution as part of the education records of the
				student as long as the record or contested portion thereof is maintained by the
				agency or institution; and
14.4.b.
				be disclosed if the education records of the student or the contested portion
				thereof is disclosed by the educational agency or institution to any
				party.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-15 - Conduct of the Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				hearing required to be held by section 14.1 shall be conducted according to
				procedures that shall include at least the following elements:
15.1.a. the hearing shall be held within a
				reasonable period of time after the educational agency or institution has
				received the request;
15.1.b. the
				parent of the student or the eligible student shall be given notice of the
				date, place, and time reasonably in advance of the hearing;
15.1.c. the hearing may be conducted by any
				individual, including an official of the educational agency or institution, who
				does not have a direct interest in the outcome of the hearing;
15.1.d. the parents of the student or the
				eligible students shall be afforded a full and fair opportunity to present
				evidence relevant to the issues raised under section 13, and may be assisted or
				represented by individuals of their choice at their own expense, including an
				attorney;
15.1.e. the educational
				agency or institution shall make its decision in writing within a reasonable
				period of time after the conclusion of the hearing; and
15.1.f. the decision of the educational
				agency or institution shall be based solely upon the evidence presented at the
				hearing and shall include a summary of the evidence and the reason(s) for the
				decision.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-17 - Prior Consent for Disclosure Required

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. An educational agency or institution
				shall obtain written consent of the parent of a student or the eligible student
				before disclosing personally identifiable information from the education
				records of a student, other than directory information, except as provided in
				section 18.
17.2. Whenever written
				consent is required, an educational agency or institution may presume that the
				parent of the student or the eligible student giving consent has the authority
				to do so unless the agency or institution has been provided with evidence that
				there is a legally binding instrument or a court order governing such matters
				as divorce, separation, or custody, which provides to the contrary.
17.3. The written consent required by section
				17.1 must be signed and dated by the parent of the student or the eligible
				student giving the consent and shall include:
17.3.a. a specification of the records to be
				disclosed;
17.3.b. the purpose of
				the disclosure; and
17.3.c. the
				party or class of parties to whom the disclosure may be made.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-19 - Disciplinary Information

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. If a
				student transfers to another school in the state, the principal of the school
				from which the student transfers shall provide an official record of any
				disciplinary action taken against the student to the principal of the school to
				which the student transfers, (W. Va. Code §
									18A-5-1a)
				subject to requirements of section 22.
19.2. The educational agency includes in the
				records of a student with a disability under Policy 2419 a statement of any
				current or previous disciplinary action that has been taken against the student
				and transmits the statement to the same extent that the disciplinary
				information is included in, and transmitted with, the student records of
				non-disabled students.
19.2.a. The statement
				may include a description of any behavior engaged in by the student that
				required disciplinary action, a description of the disciplinary action taken,
				and any other information related to the safety of the student and other
				individuals involved with the student.
19.2.b. If the student transfers from one
				school to another, the transmission of any of the student's records must
				include both the student's current IEP and any statement of current or previous
				disciplinary action that has been taken against the student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-20 - Record of Disclosure Required to be Maintained

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An educational agency or institution
				shall, for each request for access to and each disclosure of personally
				identifiable information from the education records of a student, maintain a
				record kept with the education records of the student that indicates:
20.1.a. the parties who have requested or
				obtained personally identifiable information from the education records of the
				student;
20.1.b. the date access
				was given; and
20.1.c. the
				legitimate interest these parties had in requesting or obtaining the
				information.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-21 - Limitation on Redisclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				An educational agency or institution may disclose personally identifiable
				information from the education records of a student only on the condition that
				the party to whom the information is disclosed will not disclose the
				information to any other party without the prior written consent of the parent
				of the student or the eligible student, except that:
21.1.a. the personally identifiable
				information which is disclosed to an institution, agency or organization may be
				used by its officers, employees and agents, but only for the purposes for which
				the disclosure was made.
21.1.b. an
				educational agency or institution may disclose personally identifiable
				information with the understanding that the party receiving the information may
				make further disclosures of the information on behalf of the educational agency
				or institution if the parties meet the requirements of section 18 and required
				records of disclosure under section 20.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-22 - Conditions for Disclosure to Officials of Other Schools and School Systems

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22.1. An
				educational agency or institution transferring the education records of a
				student to officials of another school, school system or institution of
				post-secondary education where the student seeks to enroll shall:
22.1.a. make a reasonable attempt to notify
				the parent of the student or the eligible student of the transfer of the
				records at the last known address of the parent or eligible student, unless:
22.1.a.1. the transfer of records is
				initiated by the parent or eligible student at the sending agency or
				institution, or
22.1.a.2. the
				agency or institution includes in its annual notice that it forwards education
				records on request to other agencies or institutions in which a student seeks
				or intends to enroll;
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-23 - Disclosure to Certain Federal and State Officials for Federal Program Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The
				Comptroller General, Secretary, or state and local educational authorities may
				have access to education records in connection with the audit or evaluation of
				federal or state supported education programs, or for the enforcement of or
				compliance with federal legal requirements which relate to these
				programs.
23.2. Except when written
				consent of the parent of a student or an eligible student has been obtained for
				disclosure, or when the collection of personally identifiable information is
				specifically authorized by federal or state law, any information collected
				under section 23.1 shall be protected in a manner that does not permit the
				personal identification of students and their parents by other than those
				officials, and personally identifiable data shall be destroyed when no longer
				needed for such audits, evaluation, or enforcement of or compliance with
				federal and state legal requirements.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-24 - Conditions for Disclosure in Health and Safety Emergencies

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24.1. An educational agency or institution
				may disclose personally identifiable information from the education records of
				a student to appropriate parties in connection with an emergency if knowledge
				of the information is necessary to protect the health or safety of the student
				or other individuals.
24.2. The
				factors to be taken into account in determining whether personally identifiable
				information from the education records of a student may be disclosed under this
				section shall include the following:
24.2.a.
				the seriousness of the threat to the health or safety of the student or other
				individuals;
24.2.b. the need for
				the information to respond to the emergency;
24.2.c. whether the parties to whom the
				information is disclosed are in a position to address the emergency;
				and
24.2.d. the extent to which
				time is of the essence in addressing the emergency.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-25 - Conditions for Disclosure of Directory Information

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25.1. An educational agency or institution
				may disclose personally identifiable information from the education records of
				a student who is in attendance at the institution or agency if it has given
				notice that information has been designated as directory information.
25.2. An educational agency or institution
				may disclose directory information from the educational records of an
				individual who is no longer in attendance at the agency or institution without
				following the procedures under section 25.3.
25.3. In order to designate directory
				information, an educational agency or institution shall give public notice of
				the following:
25.3.a. the categories of
				personally identifiable information the institution has designated as directory
				information;
25.3.b. the right of
				the parent of the student or the eligible student to refuse to permit the
				designation of any or all of the categories of personally identifiable
				information with respect to that student as directory information, including
				the right of the parent to refuse to permit the designation of names,
				addresses, and telephone numbers of their children as directory information for
				purposes of providing the information to military recruiters as set forth in
				section 32; and
25.3.c. the period
				of time within which the parent of the student or the eligible student must
				inform the agency or institution in writing that such personally identifiable
				information is not to be designated as directory information with respect to
				that student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-26 - Juvenile Justice System

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26.1.
				If reporting or disclosure allowed by state statute concerns the juvenile
				justice system and the system's ability to effectively serve, prior to
				adjudication, the student whose records are released, an educational agency or
				institution may disclose education records under section 18.1.e.
26.2. The officials and authorities to whom
				the records are disclosed shall certify in writing to the educational agency or
				institution that the information will not be disclosed to any other party,
				except as provided under state law, without the prior written consent of the
				parent of the student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-27 - Safeguards for Students with Exceptionalities, Information Collected under Policy 2419

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27.1. Each
				participating agency shall protect the confidentiality of personally
				identifiable information at collection, storage, disclosure, and destruction
				stages.
27.2. One official at each
				participating agency shall assume responsibility for ensuring the
				confidentiality of any personally identifiable information collected under
				Policy 2419 and IDEA.
27.3. All
				persons collecting or using personally identifiable information must receive
				training or instruction regarding the state's policies and procedures under
				this policy and Policy 2419.
27.4.
				Each participating agency shall maintain for public inspection, a current
				listing of the names and positions of those employees within the agency who may
				have access to personally identifiable information of identified special
				education students.
27.5. A
				complaint may be filed with the WVDE office charged with overseeing and
				administering special education programs if it is alleged that the
				confidentiality of personally identifiable information regarding a student with
				an exceptionality in accordance with the requirements of this policy and Policy
				2419 has been violated. This is in addition to the right to file a complaint
				with appropriate officials at the WVDE and/or the ED, as described in section
				28.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-28 - Enforcement Authority

Current through Register Vol. XLI, No. 28, July 12, 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.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-29 - Complaint Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. A
				parent, eligible student, or school official may file a complaint with the WVDE
				regarding an alleged violation under applicable privacy regulations. Complaints
				may be submitted via email to ZoomWV@help.k12.wv.us or mailed to WVDE Student
				Privacy Team, 1900 Kanawha Boulevard East, Building 6, Charleston, WV
				25305-0330.
29.2. A complaint must
				contain specific allegations of fact giving reasonable cause to believe that a
				violation of applicable regulations has occurred. The complaint shall be
				submitted on the prescribed form and signed by the person making the complaint.
				Complaint forms may be found on the WVDE's website.
29.3. WVDE personnel will investigate each
				timely complaint to determine whether the educational agency or institution,
				contractor, researcher, or other party has failed to comply with applicable
				privacy regulations.
29.3.a. A timely
				complaint is defined as an allegation of a violation of applicable student data
				privacy regulations that is submitted to the WVDE within 180 days of the
				alleged violation or the date that the complainant knew or reasonably should
				have known of the alleged violation.
29.3.b. This time limit may be extended if
				the complainant shows that the complainant was prevented by circumstances
				beyond the complainant's control from submitting the matter within the time
				limit, or for other reasons considered sufficient by the WVDE staff responsible
				for data governance.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350) › Section 126-94-30 - Enforcement Procedures

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30.1. If an
				educational agency or institution, contractor, researcher, or other party fully
				complies during the period of time established under section 29.8.c, WVDE staff
				responsible for data governance will provide a notice of compliance after
				reports and/or verification of voluntary compliance have been confirmed by WVDE
				personnel.
30.2. If an educational
				agency or institution, contractor, researcher, or other party does not comply
				during the period of time established under section 29.8.c, the WVDE, may, in
				accordance with state laws and policies:
30.2.a. file a report with the WVDE Office of
				Accountability detailing an educational agency or institution's failure to
				comply with mandatory privacy regulations and recommending that the WVBE or
				other relevant agencies consider such failure in reviews of the agency or
				institution's performance;
30.2.b.
				include an indicator on school performance score cards designating
				noncompliance with privacy regulations for the year in which the violation(s)
				occurred and until the agency brings itself into compliance
30.2.c. seek legal action against
				contractors, researchers, or other parties found to be in violation of contract
				provisions, or nondisclosure and confidentiality agreements;
30.2.d. refer the issue to the State
				Superintendent of Schools for consideration of potential action against a
				teaching license for egregious or repeated violations; and/or
30.2.e. refer the issue to the ED's Student
				Privacy Policy Office, as applicable, for investigation and
				enforcement.