Law / United States / 
West Virginia
Higher education course materials and bookstores: the student-data terms an institution must disclose and the data terms a course-materials agreement must contain
W. Va. Code sec. 18B-10-14(g) to (k)
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Disclosure, Contract terms, Prohibition
What it requires
- If you are a state institution of higher education, disclose to each enrolled student any charges for course materials or access to digital courseware that you or another entity assess on the student's enrollment, whether the charge is opt-in, opt-out or compulsory (section 18B-10-14(g)).
- For a charge based on the cost of course materials or digital courseware, state in the course materials listing, or link to, the terms under which the publisher of a primarily electronic course material or digital courseware collects and uses student data from the student's use of it, and any provision that lets the student opt in or opt out of the charge or of the collection or use of the student's data (section 18B-10-14(i)(1)).
- For a charge based on credit hours, number of courses or any other basis, disclose those same data terms and opt-in or opt-out provisions in a prominent location in any written or electronic agreement authorizing the charge (section 18B-10-14(j)(2)).
- Enter an agreement under which an entity assesses a course-materials charge to students only if the agreement prohibits the entity from engaging in, or authorizing third parties to engage in, the sale, disclosure, licensing, use, retention, or other exploitation of any data collected under the agreement, including personally identifiable information, location data and anonymized data, except as the Family Education Rights and Privacy Act or other applicable law permits and subject to the exceptions the subsection lists (section 18B-10-14(k)(4)).
These lines are LexLint's reading of the law's text.
What this law does
House Bill 4355 of the 2022 Regular Session, passed and in effect ninety days from passage, amended and reenacted section 18B-10-14 on higher education course materials and digital courseware, and took effect on . House Bill 3555 of the 2023 Regular Session, effective ninety days from passage on , amended the section again into its current form.
Section 18B-10-14(g) requires an institution to disclose to a student enrolled at the institution any charges for course materials or access to digital courseware assessed by the institution or another entity on the student's enrollment, regardless of how the charge is assessed on an opt-in, opt-out, or compulsory basis.
Section 18B-10-14(i)(1) requires the institution, for a charge based on the cost of course materials or digital courseware, to state or link in the course materials listing the terms under which the publisher of a primarily electronic course material or digital courseware collects and uses student data obtained through a student's use of it, and any provision that allows the student to opt in or opt out of the charge or the collection or use of the student's data.
Section 18B-10-14(j)(2) requires the same disclosures in a prominent location in any written or electronic agreement authorizing a charge assessed on the basis of credit hours, number of courses or any other basis.
Section 18B-10-14(k)(4) allows an institution to enter an agreement under which an entity assesses a course-materials charge to students only if, among other conditions, the agreement prohibits the entity from engaging in, or authorizing third parties to engage in, the sale, disclosure, licensing, use, retention, or other exploitation of any data collected under the agreement, including personally identifiable information, location data and anonymized data, except as permitted by the Family Education Rights and Privacy Act or other applicable law.
That prohibition does not apply to disclosures to a service provider that the entity bars from using the student data for any other purpose and from disclosing it to later third parties without explicit permission, and that must maintain reasonable security procedures and practices. That prohibition also does not apply when the student or guardian has granted prior written consent for the sale, disclosure, licensing, use, or retention of student data.
Section 18B-10-14(p) applies the section to course material sales and bookstores supported by an institution's auxiliary services and those operated by a private contractor.
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us-wv-w-va-sec-18b-10-14-g-k