W. Va. Code R. § 126-94-9

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

Section 126-94-9 - Right to Inspect and Review Education Records

9.1. Each educational agency or institution and its components shall permit the parent or an eligible student to inspect and review the education records of the student.

9.2. The educational agency or institution shall comply with a request for access to records within a reasonable period of time, but not more than 30 days after it has received the request.

9.3. The educational agency or institution shall respond to reasonable requests for explanations and interpretations of the records.

9.4. When a request is being made regarding records of an exceptional student:

9.4.a. the agency shall comply with section 9.2 and before any meeting regarding an IEP or any hearing relating to the identification, evaluation, or educational placement of the student, or the provision of free appropriate public education to the student;

9.4.b. the right to inspect and review education records of an exceptional student includes the right to have a representative of the parent inspect and review the records; and

9.4.c. the participating agency shall provide parents, upon request, a list of the types and locations of education records collected, maintained, or used by the agency.

9.5. If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution, or its component, shall:

9.5.a. provide the parent or eligible student with a copy of the records requested; or

9.5.b. make other arrangements for the parent or eligible student to inspect and review the requested records.

9.6. The educational agency or institution, or its component, shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.

9.7. While an educational agency or institution is not required to give an eligible student access to treatment records as defined in section 4.1.h.4., the student may have those records reviewed by a physician or other appropriate professional of the student's choice.

W. Va. Code R. § 126-94-9