W. Va. Code R. § 126-94-21

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

Section 126-94-21 - Limitation on Redisclosure

21.1. An educational agency or institution may disclose personally identifiable information from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that:

21.1.a. the personally identifiable information which is disclosed to an institution, agency or organization may be used by its officers, employees and agents, but only for the purposes for which the disclosure was made.

21.1.b. an educational agency or institution may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if the parties meet the requirements of section 18 and required records of disclosure under section 20.

21.2. Section 21.1 does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas, to disclosures of directory information, or to disclosures to a parent or student. Except for these disclosures, an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this section.

21.3. If the WVDE or the ED's Student Privacy Policy Office determines that a third party improperly rediscloses personally identifiable information from education records, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years.

21.4. Researchers, contractors, and other parties who violate the terms of the contracts, memoranda of understanding, and/or statements of nondisclosure and confidentiality with respect to the redisclosure or sale of student education records, including personally identifiable information, will be subject to legal action.

W. Va. Code R. § 126-94-21