W. Va. Code R. § 126-94-24

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

Section 126-94-24 - Conditions for Disclosure in Health and Safety Emergencies

24.1. An educational agency or institution may disclose personally identifiable information from the education records of a student to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

24.2. The factors to be taken into account in determining whether personally identifiable information from the education records of a student may be disclosed under this section shall include the following:

24.2.a. the seriousness of the threat to the health or safety of the student or other individuals;

24.2.b. the need for the information to respond to the emergency;

24.2.c. whether the parties to whom the information is disclosed are in a position to address the emergency; and

24.2.d. the extent to which time is of the essence in addressing the emergency.

24.3. Nothing in this policy shall prevent an educational agency or institution from:

24.3.a. including in the educational records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community;

24.3.b. disclosing appropriate information maintained under section 24.3.a. to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or

24.3.c. disclosing appropriate information maintained under section 24.3.a. to teachers and school officials in other schools who have been determined to have legitimate educational interests in behavior of the student.

24.4. Sections 24.1 and 24.3 shall be strictly construed.

W. Va. Code R. § 126-94-24