W. Va. Code R. § 126-94-3

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

Section 126-94-3 - Definitions

3.1. As used in these procedures:

3.1.a. Attendance. Presence at an educational agency or institution, or participation in curricular, co-curricular, or extracurricular activities, including but not limited to:

a) attendance in person, engaging in virtual or remote learning in accordance with county policy, and receiving homebound instruction, and

b) the period during which a person is working under a work-study program.

3.1.b. Consent.

1) The parent has been fully informed of the information set out in this document in the parent's native language or other mode of communication, unless it clearly is not feasible to do so;

2) the parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent sets forth that activity and lists the records (if any) which will be released and to whom; and

3) the parent understands that the granting of consent is voluntary on the part of the parent.

3.1.c. County/Counties. For purposes of this rule, county includes county boards of education, schools and facilities under the supervision of the WVBE, and charter public schools.

3.1.d. Destruction. Purposeful elimination or removal of personal identifiers so that the information is no longer personally identifiable.

3.1.e. Directory information. Includes the following individual student information: student name, address, telephone number, email address, photograph, date and place of birth, major field of study, dates of attendance, grade level, participation in officially recognized activities and sports, weight and height of members of athletic teams, indication of graduate or non-graduate, degrees and awards received, and the most recent previous educational agency or institution attended.

3.1.f. Disciplinary action or proceeding. The investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.

3.1.g. Disclosure. Permitting access or the release, transfer, or other communication of education records of the student or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party.

3.1.h. Educational institution or educational agency or institution. Any public or private agency or institution under the general supervision of the WVBE, or charter public schools authorized pursuant to W. Va. Code § 18-2-5 and § 18-5G-1, et seq., or W. Va. 126CSR79, Policy 3300, Charter Public Schools.

3.1.i. Education records. Those records that are directly related to a student and are collected, maintained, or disclosed by an educational agency or institution or by a party acting for the agency or institution. The term does not include:

3.1.i.1. Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other individual except a temporary substitute.

3.1.i.2. Records of the law enforcement unit of an educational agency or institution, subject to the provisions of section.

3.1.i.3. Records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business, relate exclusively to the individual in that individual's capacity as an employee, and are not available for use for any other purpose. However, records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student are education records and are not excepted.

3.1.i.4. Records relating to an eligible student that are:

3.1.i.4.A. created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the individual's professional or assisting in a paraprofessional capacity;

3.1.i.4.B. created, maintained, or used only in connection with the provision of treatment to the student; and

3.1.i.4.C. disclosed only to individuals providing the treatment (provided that the records can be personally reviewed by a physician or other appropriate professional of the student's choice). For the purpose of this definition, treatment does not include remedial educational activities or activities that are a part of the program of instruction at the educational agency or institution.

3.1.i.5. Records of an educational agency or institution that contain only information related to a person after that person is no longer a student at the educational agency or institution (e.g., information collected by an educational agency or institution pertaining to the accomplishments of its alumni).

3.1.j. Educational Services Cooperative (ESC). Any agency, institution, or organization providing services to two or more counties pursuant to cooperative agreements established as permitted in W. Va. Code § 18-5-13(q) and described in W. Va. Code § 18-5-13c.

3.1.k. Eligible student. A student who has attained 18 years of age or is attending an institution of post-secondary education.

3.1.l. Exceptional student. A student having been determined to have an exceptionality in accordance with eligibility criteria under W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), who receives services under an Individualized Education Program (IEP).

3.1.m. Financial Aid. A payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an educational agency or institution.

3.1.n. Institution of post-secondary education. An institution that provides education to students beyond the level at which secondary education is provided, as determined under state law.

3.1.o. Parent. A parent, guardian, or other responsible person acting as a parent of a student in the absence of a parent or guardian.

3.1.p. Party. An individual, agency, institution, or organization.

3.1.q. Personally identifiable. Data or information that can be used to identify an individual person either directly or indirectly through linkages with other information including, but not limited to, a) the name of a student, the student's parent, or other family member, b) the address of the student or student's family, c) a personal identifier such as the student's social security number, or student number, d) a list of personal characteristics that would make the student's identity easily traceable, or e) other information that would make the student's identity easily traceable.

3.1.r. Record. Any information or data recorded in any medium including, but not limited to handwriting, print, video or audio recording, film, microfilm, microfiche, photographs, computer media, or any other digital file.

3.1.s. Secretary. The Secretary of the United States Department of Education (ED) or an official or employee of the ED acting for the Secretary under a delegation of authority.

3.1.t. Student. Any individual who is or has been in attendance at an educational agency or institution, and regarding whom the educational agency or institution collects, maintains, or discloses educational records.

W. Va. Code R. § 126-94-3