Law / United States / 
West Virginia
Student data governance: a parent's right to inspect a child's education record and the school district's duty to provide a copy
In force since .
A data subject rights rule binding government bodies.
- Obligation class
- Data subject rights
What it requires
- If you are a school district, give a parent or guardian a copy of the child's educational record upon request, and an electronic copy whenever possible if requested and the requester is verified as the parent or guardian (section 18-2-5h(g)).
- If you are the West Virginia Board of Education, develop guidance for school district policies that annually notify parents of their right to request student information, ensure security when providing student data to parents and that it goes only to authorized individuals, set the timeframe within which record requests must be provided, ensure each district has a plan for parents to view and access data in their child's educational record with any electronic access restricted to eligible parties, ensure compliance in the collection, use and disclosure of directory information and give parents a form to limit their child's directory information, and inform parents of their rights and the process for filing complaints of privacy violations (section 18-2-5h(g)(1) to (7)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18-2-5h(g) gives parents the right to inspect and review their child's education record maintained by the school and to request student data specific to their child's educational record. Section 18-2-5h(g) requires school districts to provide parents or guardians with a copy of their child's educational record upon request, an electronic copy whenever possible if requested and the identity of the requester as parent or guardian is verified.
Section 18-2-5h(g) requires the state board to develop guidance for school district policies that, among other things, annually notify parents of their right to request student information and detail the timeframe within which record requests must be provided.
The guidance must also ensure security when student data is provided to parents and that it is provided only to authorized individuals, that school districts have a plan to allow parents to view and access data specific to their child's educational record with any electronic access restricted to eligible parties, that parents receive a form to limit the directory information concerning their child, and that parents are informed of their rights and the process for filing complaints of privacy violations.
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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