W. Va. Code R. § 126-94-20

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

Section 126-94-20 - Record of Disclosure Required to be Maintained

20.1. An educational agency or institution shall, for each request for access to and each disclosure of personally identifiable information from the education records of a student, maintain a record kept with the education records of the student that indicates:

20.1.a. the parties who have requested or obtained personally identifiable information from the education records of the student;

20.1.b. the date access was given; and

20.1.c. the legitimate interest these parties had in requesting or obtaining the information.

20.2. If an educational agency or institution discloses information with the understanding that the party receiving the information may make further disclosures, the record of disclosure must include the names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution and the legitimate educational interests each of the additional parties has in requesting the information.

20.3. Section 20.1 does not apply to:

a) disclosures to a parent of a student or an eligible student,

b) disclosures pursuant to the written consent of a parent of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made,

c) disclosures to school officials,

d) disclosures of directory information, or

e) disclosures to a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing 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.

20.4. The record of disclosures may be inspected:

20.4.a. by the parent of the student or the eligible student;

20.4.b. by the school official and their assistants who are responsible for the custody of the records; and

20.4.c. for the purpose of auditing the record keeping procedures of the educational agency or institution by the parties authorized in and under the conditions set forth in sections 18.1.a. and 18.1.c.

W. Va. Code R. § 126-94-20