W. Va. Code R. § 126-94-14

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

Section 126-94-14 - Right to a Hearing

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.

W. Va. Code R. § 126-94-14