Law / United States / 
West Virginia
Student data governance: written consent the ACT or the College Board must obtain before using confidential student information from the state summative assessment
W. Va. Code sec. 18-2-5h(c)(3)(H)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Consent
What it requires
- If you are the ACT or the College Board and your test is adopted for use as West Virginia's state summative assessment, obtain affirmative written consent before using any confidential student information: from the student if eighteen or older, otherwise from the parent or guardian (section 18-2-5h(c)(3)(H)).
- Make the consent list in detail the confidential information required and the purpose of requiring it (section 18-2-5h(c)(3)(H)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18-2-5h(c)(3)(H) provides that, if the ACT or the SAT tests are adopted for use as the state summative assessment, nothing in the article prevents the ACT or the College Board from using a student's assessment results and necessary directory or other permissible information.
If information classified as confidential is required, the ACT, SAT or College Board must obtain affirmative written consent from the student if the student is eighteen years of age or older, or from the student's parent or guardian if the student is under eighteen. The consent must contain a detailed list of the confidential information required and the purpose of its requirement.
House Bill 4261 of the 2016 Regular Session established the exception for the ACT and the College Board and the written consent requirement. That bill took effect ninety days from passage on .
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