Family Education Rights
and Privacy Act
Collection, Maintenance, and
Disclosure of Student Data
West Virginia State Board Policy 4350
Office of Institutional Education Programs
Definitions
Custodian of the Record: The individual [principal]
who is responsible for security of the records and
compliance with applicable policies and procedures.
Education Records: Those records which are directly
related to a student and are collected, maintained or
disclosed by an educational agency or institution.
The term does not include records that are kept in the
sole possession of the maker, are used only as a
personal memory aid, and are not accessible or
revealed to any other person except a temporary
substitute for the maker of the record.
Definitions
Directory Information: Information contained in an
educational record of a student which would not
generally be considered harmful or an invasion of
privacy if disclosed. It includes: a student’s name,
address, email address, photograph, telephone listing,
date and place of birth, major field of study,
participation in officially recognized activities and
sports, weight/height of members of athletic teams,
dates of attendance, degrees and awards received,
and the most recent previous educational agency or
institution attended by the student, and other similar
information.
Definitions
Parent: A parent, guardian or individual acting as a
parent of a student in the absence of a parent or
guardian. Unless the agency or institution is provided
with evidence that there is a court order governing
such matters as divorce, separation, or custody, or a
legally binding instrument which provides to the
contrary, the agency may presume the parent has the
authority to exercise the rights of access and consent.
Eligible Student: A student who has reached 18 years
of age or is attending an institution of postsecondary
education. When a student becomes an eligible
student, the rights accorded to, and consent required
of, parents transfer from the parents to the student.
Definitions
Consent: A parent has been fully informed of
the policies and procedures relevant to the
collection, maintenance and disclosure of
educational records in his/her native language
or other mode of communication unless it is
clearly not feasible to do so, the parent
understands and agrees in writing to the
carrying out of the activity for which consent is
sought; the consent sets forth the activity and
lists the records (if any) which will be released
and to whom; and the parent understands that
granting of consent is voluntary on the part of
the parent.
Collection of Individually
Identifiable Data
Consent of parents for the collection of
individually identifiable data must be
obtained prior to the administration of
an evaluation or individual screening
measure that is used to determine
eligibility for programs outside of the
regular instructional programs and
services (Special Education).
Collection of Data
Consent of parents to collect personally
identifiable data is not required when
such collection is a normal part of the
education program.
Attendance
Discipline
Assessment
Grades
Transcript
State/County Testing
Annual Notification of Rights
Each educational agency or institution shall
annually notify parents of students or eligible
students currently in attendance of their rights
under FERPA.
OIEP provides parents with the notification of
rights in pamphlet form.
Each school is asked to include notice in
school publications such as student
handbooks.
Parents’ Rights
An educational agency or institution
shall give full rights to either parent
unless the agency/institution has been
provided with evidence that there is a
court order, state statute, or legally
binding document relating to such
matters as divorce, separation, or
custody, that specifically revokes those
rights.
Parents and eligible students
have the right to:
Inspect and review student records;
Seek amendment of the record if either the
parent or eligible student believes the record is
inaccurate, misleading, or otherwise in violation
of the student’s privacy rights;
Consent to disclosures [except those
disclosures authorized by the act that do not
require consent].
File a complaint with the appropriate authorities
regarding alleged violations of the policy.
Limitations of Review
If the education records of a student contain
information on more than one student, the
parent or eligible student may inspect and
review or may be informed of only the specific
information about the student.
NOTE: It is important, when entering discipline or
other information into a student record that only
that student’s name is used. References to
another student involved in an incident should
not be made by name; e.g., “John Doe was
involved in a fight with another student…”
Maintenance of Records
Personally identifiable student information is to be
maintained in confidential, locked storage. Original files
must be maintained in locked, fireproof cabinets.
Electronic files must be protected through the use of
individual user identification and/or passwords. When user
IDs or passwords have been established, only the
designated user may use/gain access to education records.
Access may not be granted or shared.
A list of authorized personnel shall be posted in the records
area of each school.
Any/all personnel accessing a student record must
complete the Disclosure Log in the front of the student file.
Disclosure Log
For each request or disclosure the record
must include:
the party who has requested/received
personally identifiable information,
the date access was given,
the legitimate interest in
requesting/obtaining information.
Disclosure(s) Requiring
Consent
The parent or an eligible student shall provide a
written, signed and dated consent before Office
of Institutional Education Programs Schools
discloses personally identifiable information from
the student’s education record. The written
consent must:
Specify the records that may be disclosed;
State the purpose for disclosure; and
Identify the party to whom the disclosure is to
be made.
Disclosures Without Consent
OIEP schools may disclose personally
identifiable information from an education
record of a student without consent if:
The disclosure is to other OIEP School
officials, including teachers, who have been
determined to have legitimate educational
interests.
The disclosure is to another school, school
system or post-secondary institution where
the student seeks to enroll.
Disclosures Without Consent
(continued)
The disclosure is to authorized
representatives of:
The Comptroller General of the U.S.
The Attorney General of the U.S.
The Secretary of Health, Education &
Welfare
State and local educational authorities.
Disclosures Without Consent
(continued)
The disclosure is in connection with
financial aid for which the student has
applied.
The disclosure is for state/federal
reporting purposes required by statute.
The disclosure is to accrediting
organizations to carry out their
accrediting functions.
The disclosure is to parents of
dependent students.
Disclosure Without Consent
(continued)
To comply with a judicial order or lawfully
issued subpoena, only if the agency
makes a reasonable effort to notify the
parent or eligible student of the order or
subpoena in advance of compliance, so
that the parent or eligible student may
seek protective action unless the court
has ordered that the content of the order
or subpoena or information requested
may not be disclosed.
Disclosure Without Consent
(continued)
The disclosure is to appropriate parties in
connection with an emergency if
knowledge of the information is
necessary to protect the health or safety
of the student or other individuals.
(Information may not be released to law
enforcement officers without a court
order.)
The information disclosed has been
designated as “directory information.”
Disclosure Without Consent
(continued)
The disclosure is to a parent or an eligible
student.
The disclosure is a list of graduating seniors
provided as directory information to the Armed
Forces, unless the parents have advised the
county board of education in writing that they do
not want their student’s information disclosed
without prior written consent.
If OIEP Schools initiates legal action against a
parent or student and has complied with this
policy, it may disclose education records to the
court that are relevant to the action.
Re-Release of Records
A county board of education may disclose personally
identifiable information from the education records of a
student only on the condition that the party receiving
the information will not disclose the information to
another party without consent unless disclosure is
authorized under express exceptions to consent
requirements. This condition does not apply to
compliance with subpoenas, court orders, or directory
information. It is recommended that all contracts and
agreements with vendors who receive student records
contain a provision that requires compliance with
confidentiality requirements.
Destruction of Records
Records may not be destroyed if there is
an outstanding request to review records.
A permanent record shall be maintained
in perpetuity by the last school attended.
Directory information may be maintained
in perpetuity.
Academic grades and attendance records
may be maintained in perpetuity.
Destruction of Records
For records collected for exceptional students,
the public agency shall inform parents when
personally identifiable information is no longer
needed to provide educational services. Special
education records may be destroyed after five
years, with the aforementioned notification.
It is recommended that the most recent
psychological evaluation, eligibility
determination, and IEP be maintained in
perpetuity with the required components of the
permanent record. (These are often requested
for verification of SSI eligibility.)
Collection and Use of Student
Social Security Numbers
No school shall display any student’s social security
number for identification purposes on class rosters or
other lists provided to teachers, on student identification
cards, in student directories or other listings, on public
postings or listings of grades, or for any other public
identification purposes unless specifically authorized.
The student social security number may be used for
internal record keeping purposes or studies.
The student social security number or alternate nine digit
number for enrollment or attendance in public schools.
The school shall make a request annually to the parent to
furnish the social security number.
Disciplinary Information
If a student transfers to another school in
the state, the principal of the school from
which the student transfers shall provide a
written record of any disciplinary action
taken against the student to the principal of
the school to which the student transfers
(WV Code §18A-5-1a).
Disciplinary information is electronically
transferred via WVEIS student records
transfer.
Law Enforcement Units
There is no violation of FERPA when a school official
reports the suspected criminal activity of a student to
police without prior written consent of a parent or a
lawfully issued subpoena, if :
The report is not based upon information that has
been recorded by the school official (WVEIS
discipline record) or is otherwise included in school
records;
The report is based upon recorded information, but
the “emergency exception” to FERPA applies; or
The report is made by the school’s ‘law
enforcement unit’ based on records created and
maintained by the unit.
Law Enforcement Units (continued)
If school officials report suspected criminal activity of
students to police, and the report is not based on
information that has been recorded, then there is no
violation of FERPA. However, once information about a
suspected crime is recorded by school officials or
otherwise becomes part of school records, including
disciplinary records, FERPA is an obstacle to reporting the
suspected crime to police.
A school’s ‘law enforcement unit’ may report students
suspected of criminal activity to police based upon the
unit’s own records because the unit’s records are not
within the definition of ‘education records.’ A law
enforcement unit must be officially designated as such.
Complaint Process
A parent or eligible student may file a written complaint
regarding an alleged violation.
The principal will investigate violations and complaints to
determine whether there has been a failure to comply
with these procedures.
The principal will provide written notification of findings
and the basis for such findings to the complainant and
any relevant parties involved.
If the principal finds that there has been a failure to
comply, there will be included in the notification the
specific steps to be taken to achieve compliance. A
reasonable period of time will be designated for
corrective activity.
Complaint Process
If compliance is not achieved at the school level,
the matter will be referred by the Principal to the
Superintendent for action.
If not resolved at the county level, further
complaints may be addressed to the West Virginia
Department of Education or the Family Policy
Compliance Office, US Department of Education.
Family Compliance Office, US Dept. of Education
400 Maryland Avenue, SW
Washington, DC 20202
Enforcement
If the educational agency is found not to
be in compliance with the Act or any
required corrective activity, the Secretary
may:
withhold further payments under any
applicable program;
Issue a complaint to compel compliance
through a cease and desist order; or
Terminate eligibility to receive funding
under ANY applicable program.