Statutes, codes, and regulations
West Virginia Administrative Code
Agency 126 - EducationTitle 126 - LEGISLATIVE RULE BOARD OF EDUCATION
Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350)
Section 126-94-16 - Disclosure of Student Education Records to Certain Parties

W. Va. Code R. § 126-94-16

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-94-16 - Disclosure of Student Education Records to Certain Parties
16.1. Any and all public reports and/or releases of student data when necessary to fulfill the requirements of state and/or federal laws, rules, and regulations will be presented in aggregate.
16.2. Student education records will never be authorized to be sold. Counties may authorize the release of limited directory information as defined in section 4.1.d for local fundraising efforts such as yearbooks, athletic programs, theater bills, and similar efforts, pursuant to the provisions of section 25.3, et seq., regarding parent and eligible student refusals.
16.3. Student education records, including personally identifiable information, will not be shared with any federal government agency. Pursuant to the requirements of section 23, limited information may be provided to offices in specific situations to comply with federal audits or evaluations of federal- or state-supported education programs, for the enforcement of or compliance with federal legal requirements which relate to these programs, or to provide for the health/safety needs of students.
16.4. The WVDE may grant research requests for educational purposes, given the following circumstances.
16.4.a. Research is to be conducted in collaboration with WVDE with the understanding that WVDE does not provide authorization for research on behalf of individual counties.
16.4.b. Researchers must complete research proposal applications pursuant to the WVDE's defined process.
16.4.c. The WVDE Research Review Committee will review all requests and grant approval only if all four of the following criteria are satisfied:
16.4.c.1. the proposed research study meets specific criteria related to scientific merit and feasibility;
16.4.c.2. the proposed research study is research the WVDE would have otherwise conducted itself;
16.4.c.3. appropriate privacy, confidentiality, and security are ensured throughout the proposed research plan; and
16.4.c.4. all necessary legal documentation is signed and in place prior to the start of any work.
16.4.d. All researchers authorized to conduct studies on behalf of the WVDE must sign a comprehensive Data Disclosure Agreement that embodies the relevant conditions, limitations, requirements, and security considerations.
16.4.e. The Data Disclosure Agreement is a legally binding document that authorizes the researcher, as an agent of the WVDE, to conduct research on its behalf and which:
a) details the researcher's responsibilities with respect to protecting the privacy of the students or staff whose information are being provided as part of the study;
b) includes a signed Acknowledgement of Confidentiality Requirements for all individuals who will have access to the data provided;
c) is an assurance from the researcher that they will not use, reveal, or in any other manner disclose any personally identifiable information furnished, acquired, retrieved, derived, or assembled by themselves or others for any purpose other than those purposes specified in the Research Proposal Application for the research project; and
d) is an assurance that the researcher must and will comply with FERPA and these procedures.
16.4.f. The release of student data to researchers outside the agency is considered a loan of data (i.e., the recipients do not have ownership of the data).
16.4.g. Researchers are required to validate destruction of the data through the submission of the WVDE Data Destruction Assurance Form once the research is completed as part of their signed legal agreements.
16.5. Pursuant to FERPA, personally identifiable information about students may be released only to entities authorized by the WVDE, West Virginia Higher Education Policy Commission (HEPC), ESCs, counties, or schools to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction with the proper legal documentation in place, including contracts, memoranda of understanding, and statements of nondisclosure and confidentiality.
16.6. Contractors, consultants, and partnering entities will never be authorized to sell or share student information.
16.7. Contractors, consultants, and partnering entities will only be provided with student information pursuant to their specific contracts, memoranda of understanding, and statements of nondisclosure and confidentiality as determined by the purpose for which the WVDE, ESCs, counties, or schools have contracted their services.
16.8. Contracts, memoranda of understanding, and statements of nondisclosure and confidentiality must require compliance with FERPA and this policy, thereby prohibiting sale, redisclosure, or alternate use of the student information.

W. Va. Code R. § 126-94-16