W. Va. Code R. § 126-94-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-94-11 - Limitations on Right to Inspect and Review Education Records

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.

W. Va. Code R. § 126-94-11