W. Va. Code R. § 126-94-18
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-94-18 - Prior Consent for Disclosure Not Required18.1. An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student if the disclosure is:18.1.a. to other school officials, including teachers, within the educational agency or institution who have been determined by the agency or institution to have legitimate educational interest; and18.1.b. to officials of another school or school system, or institution of post-secondary education, in which the student seeks or intends to enroll, subject to the requirements of section 22.18.1.c. Subject to the conditions set forth in section 23, to authorized representatives of: 18.1.c.1. the Comptroller General of the United States;18.1.c.2. the Secretary; or18.1.c.3. state and local educational authorities.18.1.d. In connection with financial aid for which a student has applied or which a student has received; provided, that personally identifiable information from the education records of the student may be disclosed only as may be necessary for such purposes as: 18.1.d.1. to determine the eligibility of the student for financial aid;18.1.d.2. to determine the amount of the financial aid;18.1.d.3. to determine the conditions which will be imposed regarding the financial aid; and18.1.d.4. to enforce the terms or conditions of the financial aid.18.1.e. To state and local officials or authorities to whom this information is specifically: 18.1.e.1. allowed to be reported or disclosed pursuant to state statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or18.1.e.2. allowed to be reported or disclosed pursuant to state statute adopted after November 19, 1974, subject to the requirements of section 26.18.1.f. To organizations conducting studies for, or on behalf of, educational agencies or institutions as described in section 16 for the purpose of: a) developing, validating or administering predictive tests;b) administering student aid programs; orc) improving instruction; provided, that the studies are conducted in a manner that will not permit the personal identification of students and their parents by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted; the term organizations includes, but is not limited to federal, state, and local agencies, and independent organizations.18.1.g. To accrediting organizations in order to carry out their accrediting functions.18.1.h. To parents of a dependent student.18.1.i. To comply with a judicial order or lawfully issued subpoena; provided, that the educational agency or institution makes a reasonable effort to notify the parent of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action; unless the disclosure is in compliance with: 18.1.i.1. a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;18.1.i.2. any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or18.1.i.3. a judicial order or subpoena issued in a court proceeding involving child abuse and neglect or dependency matters in which the parent of the student is a party.18.1.i.4. If the educational agency or institution initiates legal action against a parent or student and has complied with section 18.1.i, it may disclose education records that are relevant to the action to the court without a court order or subpoena.18.1.j. To appropriate parties in health or safety emergency subject to the conditions set forth in section 24.18.1.k. To an agency caseworker or other representative of a state or local child welfare agency who has the right to access a student's case plan when such agency or organization is legally responsible in accordance with state law for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student's education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the state laws and regulations applicable to protecting the confidentiality of a student's education records.18.1.l. The disclosure is information the educational agency or institution has designated as directory information.18.1.m. The disclosure is to the parent of a student who is not an eligible student or to the student.18.1.n. The disclosure is to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. § 16, of the results of any disciplinary proceeding conducted by an institution of post-secondary education against the alleged perpetrator of that crime with respect to that crime.18.2. This section does not forbid an educational agency or institution to disclose, nor does it require an educational agency or institution to disclose, personally identifiable information from the education records of a student to any parties under this section, with the exception that parents of a student who is not an eligible student and the student must have access.18.3. For records of special education students, each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may access personally identifiable information.W. Va. Code R. § 126-94-18