W. Va. Code R. § 126-94-28

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

Section 126-94-28 - Enforcement Authority

28.1. The State Superintendent of Schools designates WVDE staff responsible for data governance activities to:

28.1.a. provide guidance and technical assistance to all educational agencies and institutions in the state to ensure understanding and compliance with applicable state and federal privacy regulations and guidance, to include this policy; the Student DATA Act; WVDE's Data Access and Management Guidance; FERPA; and other applicable regulations;

28.1.b. provide regular training to key staff at educational agencies and institutions within the state to ensure understanding of data privacy requirements and responsibilities under applicable state and federal regulations;

28.1.c. act as the primary review entity in the state to monitor and enforce privacy regulations with respect to all programs for which the WVDE has administrative responsibility, including conducting routine audits to ensure ongoing compliance with laws and regulations and state security policies and procedures as required by the Student DATA Act;

28.1.d. investigate, process, and review complaints and violations related to student data privacy under this policy and other applicable laws and regulations;

28.1.d.1. as warranted by investigations or reviews conducted in accordance with these procedures, and as deemed appropriate by the state superintendent of schools or designee, refer allegations of FERPA violations to the ED's Student Privacy Policy Office for federal review; and

28.1.e. prepare such reports and publications as may be necessary and expedient to monitor and ensure compliance with applicable laws regarding student data collection, management, maintenance, and disclosure.

28.2. WVDE staff may require educational agencies or institutions to submit reports or other evidence containing information necessary to resolve complaints of privacy violations under applicable laws and regulations.

28.3. For issues relating to compliance with federal laws and regulations, the Secretary designates:

28.3.a. the ED's Student Privacy Policy Office to provide technical assistance to ensure compliance with FERPA and applicable federal regulations and to investigate and review complaints and violation under FERPA; and

28.3.b. the ED's Office of Administrative Law Judges to act as the Review Board required under FERPA to enforce it with respect to all applicable programs as defined in the General Education Provisions Act, 20 U.S.C. § 1221(c).

28.4. The ED's Student Privacy Policy Office may require an educational agency or institution to submit reports containing information necessary to resolve complaints under FERPA and applicable federal regulations.

28.4.a. Such reports may be in addition to information requested by WVDE personnel for investigating complaints at the state level.

W. Va. Code R. § 126-94-28