W. Va. Code R. § 126-94-7

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

Section 126-94-7 - Annual Notification of Rights

7.1. Each educational agency or institution shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under this policy.

7.2. The notice must inform parents or eligible students that they have the right to:

7.2.a. Inspect and review the student's education records;

7.2.b. Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;

7.2.c. Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that section 18 authorizes disclosure without consent; and

7.2.d. File with the WVDE or the ED a complaint as described in section 29 concerning alleged failures by the educational agency or institution to comply with the requirements of this policy.

7.3. The notice must include all of the following:

7.3.a. The procedure for exercising the right to inspect and review education records;

7.3.b. The procedure for requesting amendment of records under section 13;

7.3.c. A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest;

7.3.d. Types of information designated as directory information and procedures in section 25 for refusing to allow information to be so designated; and

7.3.e. The procedure for disclosure of education records without consent to officials of another county and/or school in which the student seeks to enroll.

7.4. An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights.

7.4.a. An educational agency or institution shall effectively notify parents or eligible students who are disabled.

7.4.b. An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English.

7.5. Parents of students with exceptionalities, and eligible students who are exceptional, shall receive notice of rights under IDEA, included in the procedural safeguards notice.

W. Va. Code R. § 126-94-7