W. Va. Code R. § 126-94-12

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

Section 126-94-12 - Maintenance and Destruction of Education Records

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.

12.2. The following guidelines and requirements apply to the length of time and special consideration for maintaining student records:

12.2.a. directory information may be maintained in perpetuity;

12.2.b. academic grades and attendance records may be maintained in perpetuity;

12.2.c. records to verify implementation of federally funded programs and services and to demonstrate compliance with program requirements must be maintained for five years after the activity is completed;

12.2.d. other personally identifiable data which is no longer needed to provide education services may be destroyed;

12.2.e. parents and eligible students must be informed through public notice of any timelines established by the educational agency or institution for maintenance and destruction of student records; and

12.2.f. files must be maintained in a secured location. Inclusive in securing files, electronic files must be protected through the use of individual user identification and/or passwords. When user identification and/or passwords have been established, individuals are permitted to use only their designated identification and password to gain access to education records.

W. Va. Code R. § 126-94-12