W. Va. Code R. § 126-94-30

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

Section 126-94-30 - Enforcement Procedures

30.1. If an educational agency or institution, contractor, researcher, or other party fully complies during the period of time established under section 29.8.c, WVDE staff responsible for data governance will provide a notice of compliance after reports and/or verification of voluntary compliance have been confirmed by WVDE personnel.

30.2. If an educational agency or institution, contractor, researcher, or other party does not comply during the period of time established under section 29.8.c, the WVDE, may, in accordance with state laws and policies:

30.2.a. file a report with the WVDE Office of Accountability detailing an educational agency or institution's failure to comply with mandatory privacy regulations and recommending that the WVBE or other relevant agencies consider such failure in reviews of the agency or institution's performance;

30.2.b. include an indicator on school performance score cards designating noncompliance with privacy regulations for the year in which the violation(s) occurred and until the agency brings itself into compliance

30.2.c. seek legal action against contractors, researchers, or other parties found to be in violation of contract provisions, or nondisclosure and confidentiality agreements;

30.2.d. refer the issue to the State Superintendent of Schools for consideration of potential action against a teaching license for egregious or repeated violations; and/or

30.2.e. refer the issue to the ED's Student Privacy Policy Office, as applicable, for investigation and enforcement.

30.3. If the ED's Student Privacy Policy Office determines that an educational agency or institution has failed to comply with FERPA and/or other applicable federal regulations, failure to comply voluntarily in a timely manner may result in repercussions from the Secretary, in accordance with the General Education Provisions Act, 20 U.S.C. § 1234:

30.3.a. withholding further payments under any applicable program;

30.3.b. issuance of a complaint to compel compliance through a cease and desist order; or

30.3.c. termination of eligibility to receive funding under any applicable program.

W. Va. Code R. § 126-94-30