W. Va. Code R. § 126-94-17

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

Section 126-94-17 - Prior Consent for Disclosure Required

17.1. An educational agency or institution shall obtain written consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of a student, other than directory information, except as provided in section 18.

17.2. Whenever written consent is required, an educational agency or institution may presume that the parent of the student or the eligible student giving consent has the authority to do so unless the agency or institution has been provided with evidence that there is a legally binding instrument or a court order governing such matters as divorce, separation, or custody, which provides to the contrary.

17.3. The written consent required by section 17.1 must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:

17.3.a. a specification of the records to be disclosed;

17.3.b. the purpose of the disclosure; and

17.3.c. the party or class of parties to whom the disclosure may be made.

17.4. If a parent or eligible student so requests, the educational agency or institution shall provide a copy of the records disclosed.

17.5. If the parent of a student who is not an eligible student so requests, the educational agency or institution shall provide the student with a copy of the records disclosed.

W. Va. Code R. § 126-94-17