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 126-94-18 - Prior Consent for Disclosure Not Required

Current through Register Vol. XLI, No. 28, July 12, 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.