W. Va. Code R. § 126-94-4

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

Section 126-94-4 - General Responsibilities

4.1. Responsibilities of the WVBE. The WVBE has primary responsibility for defining and assuring the collection of data elements necessary for assessing the quality, efficiency, and efficacy of the state education system. Given this responsibility, the WVBE shall:

4.1.a. establish, maintain, and make publicly available policies concerning the collection, protection, maintenance, and disposition of student data, including:

4.1.a.1. policies protecting student privacy and outlining parent and student rights of access and control;

4.1.a.2. policies setting guidelines for the destruction, archiving, or other final disposition of student data after an appropriate period of time following the student's graduation or other permanent cessation of enrollment in West Virginia public schools;

4.1.b. monitor compliance with state and federal laws and policies concerning student data privacy and related individual or familial rights;

4.1.c. periodically review elements within the data system to ensure their continued (individual and collective) relevance and comprehensiveness for assessing the quality, efficiency, and efficacy of the state education system and its various programs; and

4.1.d. serve as an advocate for high-quality, timely, accurate, and secure data collection and use.

4.2. Responsibilities of the West Virginia Department of Education (WVDE). The WVDE has a primary leadership role in defining data elements; developing frameworks and procedures for efficient data collection and reporting; monitoring and advising counties in the collection and maintenance of education data; and assuring the WVBE, the West Virginia Governor, the West Virginia Legislature, and the public that education data in the state are accurate, useful, and secure. It is the further responsibility of the WVDE to:

4.2.a. establish, maintain, and make publicly available standards, procedures, and guidance concerning the collection, protection, maintenance, and disposition of student data, including:

4.2.a.1. standards and best practices for quality, accuracy, utility, and security in education data collection and reporting;

4.2.a.2. guidance, plans, and procedures for protecting student data and complying with all relevant state and federal privacy laws and policies, including, but not limited to, FERPA; and

4.2.a.3. procedures and best practices for the destruction, archiving, or other final disposition of student data after an appropriate period of time following the student's graduation or other permanent cessation of enrollment in West Virginia public schools;

4.2.b. maintain, update, and make publicly available the inventory and dictionary of individual student data elements in the student data system, complete with definitions and reasons for inclusion, including, but not limited to, statutory requirements;

4.2.c. assist the WVBE in the review of elements within the data system to ensure their continued (individual and collective) relevance and comprehensiveness for assessing the quality, efficiency, and efficacy of the state education system and its various programs, and support the addition or exclusion of elements including:

4.2.c.1. releasing for public review reasons for excluding any currently- or historically-collected data elements from future data collections; and

4.2.c.2. releasing for public review and comment any new data elements proposed for inclusion in the student data system, including the purposes and legal authority for inclusion of the new data element;

4.2.d. manage, support, and provide technical assistance for high-quality, timely, accurate, and secure data collection and use throughout the state, including:

4.2.d.1. supporting necessary computer infrastructure for data collection, management, and security, as appropriate given their responsibilities, including:

4.2.d.1.A. providing training and technical support, as needed, to staff responsible for operating data management and reporting systems, to include West Virginia Education Information System (WVEIS) and ZoomWV.

4.2.d.2. developing, maintaining, and supporting appropriate data collection and management systems and tools for use at the local level, including, but not limited to, the WVEIS and associated tools and applications;

4.2.d.3. developing, monitoring, and supporting appropriate data collection processes and protocols to be implemented at the local level, including, but not limited to, certified data collections;

4.2.d.4. providing technical assistance and guidance to counties and schools to ensure that data submitted through WVEIS are accurate, complete, timely, and compliant with relevant laws and regulations;

4.2.d.5. providing technical assistance and guidance to Educational Services Cooperatives (ESCs), as requested, to ensure that data are accurate, complete, and compliant with relevant laws and regulations;

4.2.d.6. implementing and maintaining an appropriate reporting infrastructure for required and ad hoc reports and data requests; and

4.2.d.7. offering outreach, training, and technical assistance to WVDE staff, ESCs, counties, schools, and other entities regarding federal and state requirements respecting the privacy of education records and conditions for disclosure, as well as best practices for data security;

4.2.e. ensure compliance with applicable privacy and security policies and regulations at the state, regional, and local levels through routine monitoring;

4.2.f. ensure that appropriate data are available for different stakeholders to assess the quality, performance, and progress of students and the education system, including:

4.2.f.1. establishing, maintaining, and monitoring implementation of guidelines for granting access to data systems, including WVEIS and education data reporting tools, based on potential users' informational needs and legitimate educational interest in accessing the data; and

4.2.f.2. maintaining and publishing current and historical reports of information required for assessing and determining state, county, and school performance, progress, and accountability;

4.2.g. pursuant to W. Va. Code § 18-2-5h, the Student Data Accessibility, Transparency, and Accountability Act (Student DATA Act), make information about agreements between the WVDE and other state agencies concerning access to student data available to the public, including explanations of:

4.2.g.1. the purposes and uses for such agreements; and

4.2.g.2. how parents may withdraw their consent for their child(ren)'s information to be made available to other state agencies as detailed in the agreements;

4.2.h. develop and implement a detailed plan for managing and maintaining data security within the state's data system and for responding to privacy or security incidents and breaches; and

4.2.i. report annually to the WVBE, West Virginia Governor, West Virginia Legislature, and public about the state and security of the student data system.

4.3. Responsibilities of Counties and Schools. Counties and schools bear primary responsibility for collecting, recording, and protecting student data. As front-line leaders of data collection, maintenance, and use in the state education system, it is the responsibility of counties and schools to:

4.3.a. designate a staff member within the counties to serve as the data governance point of contact whose responsibilities will include:

a) serving as the primary local expert with regard to data privacy and other data governance issues; and

b) maintaining regular contact with WVDE to receive training, information, and updates to support data governance and privacy practices within the county;

4.3.b. ensure that staff are familiar with and adhere to all applicable data security and privacy policies including, but not limited to, these procedures, W. Va. 126CSR41, Policy 2460, Educational Purpose and Acceptable Use of Electronic Resources, Technologies and the Internet, the Student DATA Act, FERPA, relevant local policies, and other applicable regulations relating to security and acceptable use of education records and information systems. In accordance with such regulations, counties and schools will, among other activities:

4.3.b.1. ensure that student data are accessible only to authorized parties with a legitimate educational interest, provided that:

4.3.b.1.A. individuals authorized to access student data on behalf of an educational agency or institution for the purpose of data entry or editing must be older than 18 years of age and must not be currently enrolled as a student in any West Virginia pre-k through grade 12 school, including public and non-public education options;

4.3.b.1.B. all parties authorized to access student data on behalf of an educational agency or institution must have a current data access agreement on file in which they have agreed to their responsibilities with respect to protecting privacy and using data appropriately pursuant to the requirements of all applicable federal, state, and local regulations, including these procedures; and

4.3.b.1.C. nothing in this section prevents counties and schools from using appropriate mechanisms to provide parents and eligible students access to review their own or their child(ren)'s individual education records pursuant to these procedures, the Student DATA Act, FERPA, relevant local policies, and other applicable regulations;

4.3.b.2. ensure that appropriately rigorous protocols and procedures are in place to secure both electronic and physical records, including protocols for terminating access for parties who:

a) no longer have a legitimate educational interest,

b) disclose student data,

c) use student data in inappropriate or unauthorized ways, or

d) in other ways violate federal, state, and/or local regulations relating to student data access and privacy;

4.3.b.3. provide annual notification of rights, pursuant to section 7;

4.3.b.4. as required by law (sections 17 and 18), obtain consent from parents or eligible students prior to the release of information from students' education records; and

4.3.b.5. immediately respond to any data privacy or security incidents or breaches and report such incidents to the appropriate authorities, including WVDE staff responsible for data governance, for further response and investigation;

4.3.c. adhere to applicable standards and procedures for data collection and quality assurance and, to the extent possible, implement related best practices as identified by the WVDE, including:

4.3.c.1. ensuring that all required data are entered into WVEIS in a timely and efficient manner and certified or verified in accordance with timelines established by the WVDE;

4.3.c.2. ensuring that all data entered into WVEIS are complete and accurate as of the date of entry; and

4.3.c.3. refraining from the collection or reporting of certain individual student data, as prohibited by the Student DATA Act (W. Va. Code § 18-2-5h(d) and (e));

4.3.d. regularly offer and/or encourage staff participation in training, professional development, or informational sessions, including sessions offered by the WVDE, to refresh staff members' knowledge of policies and best practices concerning data collection, privacy, and security.

W. Va. Code R. § 126-94-4