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, 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 Attendance Discipline Assessment Grades Transcript State/County Testing Consent of parents to collect personally identifiable data is not required when such collection is a normal part of the education program.

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.