Law / United States / 
West Virginia
Student data governance: categories of individual student data that districts may not report and schools may not collect
W. Va. Code sec. 18-2-5h(d) and (e)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Prohibition
What it requires
- If you are a school district, do not report to the state juvenile delinquency records, criminal records, medical and health records or student biometric information (section 18-2-5h(d)).
- If you are a school, do not collect individual student data on political affiliation and beliefs, religion and religious beliefs and affiliations, any data collected through affective computing, any data concerning the sexual orientation or beliefs about sexual orientation of the student or any student's family member, or any data concerning firearm's ownership by any member of a student's family (section 18-2-5h(e)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18-2-5h(d) bars a school district from reporting to the state juvenile delinquency records, criminal records, medical and health records and student biometric information. Section 18-2-5h(e) bars schools from collecting individual student data on political affiliation and beliefs, religion and religious beliefs and affiliations, and any data collected through affective computing.
Section 18-2-5h(e) also bars schools from collecting any data concerning the sexual orientation or beliefs about sexual orientation of the student or any student's family member. The Legislature created the section by House Bill 4316 of the 2014 Regular Session, effective ninety days from passage on .
When LexLint raises it
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