|Morgan County Schools|
|Bylaws & Policies|
2416 - STUDENT PRIVACY AND PARENTAL ACCESS TO INFORMATION
The Board of Education respects the privacy rights of parents and their children. In that regard, the following definitions are hereby adopted and shall control in the interpretation of this policy:
|A.||"Attendance" at an agency or institution includes, but is not limited to:|
|1.||attendance in person and having homebound instruction;|
|2.||the period during which a person is working under a work-study program.|
|B.||"Consent" means that:|
|1.||the parent has been fully informed of the information set out in this document in his/her native language or other mode of communication, unless it clearly is not feasible to do so;|
|2.||the parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent sets forth that activity and lists the records (if any) which will be released and to whom;|
|3.||the parent understands that the granting of consent is voluntary on the part of the parent.|
|C.||"Destruction" means physical destruction or removal of personal identifiers so that the information is no longer personally identifiable.|
|D.||"Directory information" includes, but is not limited to, a studentís name, address, telephone listing, date, and place of birth, major field of study, participation in officially recognized activities and sports, weight and 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.|
|E.||"Disciplinary action or proceeding" means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.|
|F.||"Disclosure" means permitting access or the release, transfer, or other communication of education records of the student or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party.|
|G.||"Educational institution" or "educational agency or institution" means any public or private agency or institution under the general supervision of the West Virginia Board of Education.|
|H.||"Education records" means those records that are directly related to a student and are collected, maintained or disclosed by an educational agency or institution or by a party acting for the agency or institution. The term does not include:|
|1.||records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other individual except a temporary substitute;|
|2.||records of the law enforcement unit of an educational agency or institution, subject to the provisions of Section 126-945-7 of West Virginia Board of Education Policy 4350;|
|3.||records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business; relate exclusively to the individual in the individualís capacity as an employee, and are not available for use for any other purpose; however, records relating to an individual in attendance at the agency or institution who is employed as a result of his/her status as a student are education records and are not excepted.|
|4.||records relating to an eligible student that are:|
|a.||created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his/her professional or assisting in a paraprofessional capacity;|
|b.||created, maintained, or used only in connection with the provision of treatment to the student;|
|c.||disclosed only to individuals providing the treatment (provided that the records can be personally reviewed by a physician or other appropriate professional of the studentís choice);|
|For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are a part of the program of instruction at the educational agency or institution.|
|5.||records of an educational agency or institution that contain only information related to a person after that person is no longer a student at the educational agency or institution; (An example would be information collected by an educational agency or institution pertaining to the accomplishments of its alumni).|
|I.||"Eligible student" means a student who has attained eighteen (18) years of age, or is attending an institution of postsecondary education.|
|J.||"Exceptional student" means a student having been determined to have an exceptionality in accordance with eligibility under W.Va. 126CSR16, West Virginia Board of Education Policy 2419, "Regulations for the Education of Exceptional Student", (hereinafter, Policy 2419) who receives services under an Individualized Education Program (IEP).|
|K.||"Financial Aid" means a payment of funds provided to an individual (or payment in kind of tangible property to the individual) that is conditioned on the individualís attendance at an educational agency or institution.|
|L.||"Institution of postsecondary education" means an institution that provides education to students beyond the secondary school level: "secondary school level" means the educational level (not beyond grade 12) at which secondary education is provided, as determined under State law.|
|M.||"Parent" includes a parent, guardian, or an individual acting as a parent of a student in the absence of a parent or guardian.|
|N.||"Party" means an individual, agency, institution or organization.|
|O.||"Personally identifiable" means that the data or information includes, but is not limited to:|
|1.||the name of a student, the studentís parent, or other family member;|
|2.||the address of the student or studentís family;|
|3.||a personal identifier such as the studentís social security number, or student number;|
|4.||a list of personal characteristics that would make the studentís identity easily traceable;|
|5.||other information that would make the studentís identity easily traceable.|
|P.||"Record" means any information or data recorded in any medium including, but not limited to: handwriting, print, video or audio tape, film, microfilm, microfiche, and computer media.|
|Q.||"Secretary" means the Secretary of the U.S. Department of Education or an official or employee of the U.S. Department of Education acting for the Secretary under a delegation of authority.|
|R.||"Student" includes any individual who is or has been in attendance at an educational agency or institution, and regarding whom the educational agency or institution collects, maintains, or discloses educational records.|
With regard to surveys funded in whole or in part by any program administered by the U.S. Department of Education (ED), prior to administration of such survey, the school or contractor administering such survey must obtain written consent from the studentís parent or from the eligible student, before administering the survey, if that survey, analysis, or evaluation might reveal information concerning:
|A.||political affiliations or beliefs of the student or his/her parents;|
|B.||mental or psychological problems of the student or his/her family;|
|C.||sex behavior or attitudes;|
|D.||illegal, anti-social, self-incriminating or demeaning behavior;|
|E.||critical appraisals of other individual with whom respondents have close family relationships;|
|F.||legally recognized privileged and analogous relationships, such as those of lawyers, physicians, and ministers;|
|G.||religious practices, affiliations, or beliefs of the student or his/her parents;|
|H.||income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program).|
Additionally, for surveys which are not funded by the U.S. Department of Education, while written consent is not required prior to the administration of such survey, parents have the right to opt their child out of such survey if it solicits information in any of the eight (8) protected areas set forth in A-H above. The new requirements do not apply to surveys administered to a student in accordance with the Individuals with Disabilities Act (IDEA).
For purposes of making the right to opt out meaningful, the Superintendent shall ensure that procedures are established whereby parents may inspect any materials used in conjunction with any such survey, analysis, or evaluation.
Further, parents have the right to inspect, upon request, a survey or evaluation created by a third party before the survey/evaluation is administered or distributed by the school to the student. The parent will have access to the survey/evaluation within a reasonable period of time after the request is received by the building principal.
Upon collection of any survey or evaluation which has been administered or distributed to a student, the school, agency or institutional personnel responsible for such collection shall ensure that such survey or evaluation was made available for inspection by the parents of the students to whom the survey or evaluation was administered or distributed prior to its distribution or administration. Should such personnel determine that the survey or evaluation was not made available for inspection prior to its administration or distribution, the surveys or evaluations shall be reviewed to determine whether any of the information elicited therein contains one (1) or more of the items listed in A-H above. If, upon review, it is found that there is information related to one (1) or more of the items listed in A-H, the responsible personnel shall destroy such surveys or evaluations and so advise the contractor or distributor of the survey or evaluation. A redistribution or readministration of the survey or evaluation may be accomplished by following the rules for inspection by parents of the students to whom the survey or evaluation is to be administered or distributed.
Additionally, parents have the right to inspect, upon request, any instructional material used as part of the educational curriculum of the student. The parent will have access to the instructional material within a reasonable period of time after the request is received by the building principal. The term instructional material means instructional content that is provided to student, regardless of its format, including printed and representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or assessments.
An educational agency or institution shall give full rights to either parent unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to parental rights, that specifically revokes those rights.
For the purpose of this part, whenever a student has attained eighteen (18) years of age, or is attending an institution of postsecondary education, the rights accorded to and the consent required of the parents transfer to the student.
ANNUAL NOTIFICATION OF RIGHTS:
The Board or the School, as the Board shall determine, shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under this policy. The notice must inform parents or eligible students that they have the right to:
|A.||inspect and review the studentís education records;|
|B.||seek amendment of the studentís education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the studentís privacy rights;|
|C.||consent to disclosures of personally identifiable information contained in the studentís education records, except to the extent that such consent is not required by law or policy;|
|D.||file with the U.S. Department of Education a complaint as described in 126-94-27 of the West Virginia Board of Educationís Policy 4350;|
|E.||the right to inspect U.S. Department of Education (ED) or Non-ED funded surveys;|
|F.||the specific or approximate dates of any non-emergency, invasive physical examination or screening;|
|G.||the Board policies with respect to surveys, parental inspection, student data collection for marketing or selling purposes, and physical examinations or screenings;|
|H.||the right to opt out of Ė remove their child from Ė participation in the following activities:|
|1.||activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information, or otherwise providing information to others for that purpose;|
|2.||the administration of any third party (i.e., non-ED funded) survey containing one (1) or more of the eight (8) items described in A-H above;|
|3.||any non-emergency, invasive physical examination or screening that is:|
|a.||required as a condition of attendance;|
|b.||administered by the school and scheduled by the school in advance;|
|c.||not necessary to protect the immediate health and safety of the student, or of other students;|
|d.||the notice must include all of the following:|
|1)||the procedure for exercising the right to inspect and review education records|
|2)||the procedure for requesting amendment of records under ß 126-94-12 of the West Virginia Board of Educationís Policy 4350|
|3)||a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest|
|4)||types of information designated as directory information and procedures as set forth hereinbelow for a parentís or eligible studentís refusal to allow information to be so designated|
|5)||the procedure for disclosure of education records without consent to officials of another school district in which the student seeks to enroll|
An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights, provided, that, such agency or institution shall effectively notify parents or eligible students who are disabled.
Additionally, an agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English.
Parents of exceptional students, and eligible students who are exceptional, shall receive notice of rights under IDEA, included in the procedural safeguards notice.
Parents of students or the eligible students have the right to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information, including the right to refuse to permit the designation of names, addresses, and telephone listings of their children as directory information for purposes of providing the information to military recruiters.
PRIOR CONSENT FOR DISCLOSURE NOT REQUIRED:
An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or eligible student if the disclosure is:
|A.||to other school officials, including teachers, within the educational agency or institution who have been determined by the agency or institution to have legitimate educational interest;|
|B.||to officials of another school or school system, or institution of postsecondary education, in which the student seeks or intends to enroll, provided the agency or institution:|
|1.||makes a reasonable attempt to notify the parent of the student or the eligible student of the transfer of the records at last known address of the parent or eligible student, unless the transfer of records is initiated by the parent or eligible student at the sending agency or institution, or the agency or institution includes in its annual notice that it forwards education records on request to other agencies or institutions in which a student seeks or intends to enroll;|
|2.||provides the parent of the student or the eligible student, upon request, a copy of the record that was transferred;|
|3.||provides the parent of the student or the eligible student; upon request, an opportunity for a hearing;|
|C.||to the Comptroller General of the United States, the Secretary, or State and local educational authorities provided such disclosure is in connection with the audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements which relate to these programs;|
|Except when written consent of the parent of a student or an eligible student has been obtained for disclosure, or when the collection of personally identifiable information is specifically authorized by Federal or State law, any information collected under this section of the policy shall be protected in a manner that does not permit the personal identification of students and their parents by other than those officials, and personally identifiable data shall be destroyed when no longer needed for such audits, evaluation, or enforcement of or compliance with Federal and State legal requirements.|
|D.||in connection with financial aid for which a student has applied or which a student has received; provided, that personally identifiable information from the education records of the student may be disclosed only as may be necessary for such purposes as to:|
|1.||determine the eligibility of the student for the financial aid;|
|2.||determine the amount of the financial aid;|
|3.||determine the conditions which will be imposed regarding the financial aid;|
|4.||enforce the terms or conditions of the financial aid;|
|E.||to State and local officials or authorities to whom this information is specifically allowed:|
|1.||allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the systemís ability to effectively serve the student whose records are released; or|
|2.||allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, when such reporting or disclosure concerns the juvenile justice system, subject to the certification in writing, to the educational agency or institution, by the officials and authorities to whom the records are disclosed, that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student;|
|F.||to organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of:|
|1.||developing, validating, or administering predictive tests;|
|2.||administering student aid program, or improving instruction; provided that the studies are conducted in a manner that will not permit the personal identification of students and their parents by individual other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted;|
|3.||the term "organizations" includes, but is not limited to Federal, State, and local agencies, and independent organizations;|
|G.||to accrediting organization in order to carry out their accrediting functions;|
|H.||to parents of a dependent student;|
|I.||to comply with a judicial order or lawfully issued subpoena; provided, that the educational agency or institution makes a reasonable effort to notify the parent of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action; unless the disclosure is in compliance with:|
|1.||a Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;|
|2.||any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed|
|3.||if the educational agency or institution initiates legal action against a parent or student and has complied with this section, it may disclose education records that are relevant to the action to the court without a court order or subpoena;|
|J.||to appropriate parties in health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals;|
|K.||the disclosure is information the educational agency or institution has designated as "directory information";|
|L.||the disclosure is to the parent of a student who is not an eligible student or to the student;|
|M.||the disclosure is to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. ß 16, of the results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of the crime with respect to that crime;|
|N.||to the Attorney General of the United States or his/her designee in response to an exparte order in connection with the investigation or prosecution of terrorism crimes specified in Sections 2332(g)(5)(B) and 2331 of Title 18, U.S. Code:|
|Such an exparte order waives the requirement to record the disclosure of information from a student education record and insulates the school, agency or institution and its officials from liability to any person for production of such 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, subject to the requirements set forth above in, Prior Consent for Disclosure Not Require. 18A-5-1a, Code of West Virginia, Section 4155, No Child Left Behind Act.
The educational agency includes in the records of a student with a disability under West Virginia Board of Education Policy 2419 a statement of any current or previous disciplinary action that has been taken against the student and transmits the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of non-disabled students.
The statement may include a description of any behavior engaged in by the student that required disciplinary action, a description of the disciplinary action taken, and any other information related to the safety of the student and other individuals involved with the student.
If the student transfers from one (1) school to another, the transmission of any of the studentís records must include both the studentís current Individualized Education Program (IEP) and any statement of current or previous disciplinary action that has been taken against the student.
A public agency reporting a crime committed by a student with a disability under Policy 2419 shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the crime, but only to the extent permitted by this policyís provisions regarding disclosure of education records.
RECORD OF DISCLOSURE REQUIRED TO BE MAINTAINED:
An educational agency or institution shall for each request for access to and each disclosure of personally identifiable information from the education records of a student maintain a record kept with the education records of the student that indicates the:
|A.||parties who have requested or obtained personally identifiable information from the education records of the student;|
|B.||date access was given;|
|C.||legitimate interest these parties had in requesting or obtaining the information.|
If an educational agency or institution discloses information with the understanding that the party receiving the information may make further disclosures, the record of disclosure must include the names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution and the legitimate educational interests each of the additional parties has in requesting the information.
Records do not have to be kept for disclosures to a parent of a student or an eligible student, disclosures pursuant to the written consent of a parent of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made, disclosures to school officials, or to disclosures of directory information, or to a party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
LIMITATION ON REDISCLOSURE:
An educational agency or institution may disclose personally identifiable information from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that:
|A.||The personally identifiable information which is disclosed to an institution, agency or organization may be used by its officers, employees and agents, but only for the purpose for which the disclosure was made.|
|B.||An educational agency or institution may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if the parties meet the requirements set forth above with regard to prior consent and the maintenance of records.|
|C.||This limitation on disclosure does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas, to disclosures of directory information or to disclosures to a parent or student. Except for these disclosures, an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this section.|
|D.||If the agency or institution determines that a third party improperly rediscloses personally identifiable information from education records, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five (5) years.|
CONDITIONS FOR DISCLOSURE OF DIRECTORY INFORMATION:
|A.||The names, addresses, and telephone listings of secondary school students are hereby designated as directory information for the purposes of providing the information to military recruiters. This designation shall be effective upon the Board giving Notice of the categories of personally identifiable information so designated; the right of the parent of the student or the eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information, including the right of the parent to refuse to permit the designation of names, addresses, and telephone listings of their children as directory information for purposes of providing the information to military recruiters; and, the period of time within which the parent of the student or the eligible student must inform the agency or institution in writing that such personally identifiable information is not to be designated as directory information with respect to that student. The Board may, by Order, establish additional directory information.|
|B.||The Board shall provide access to established directory information to any person or group which makes students aware of educational, occupational, and career opportunities available in the armed services.|
|C.||The Board may provide access to established directory information to other persons or groups as determined by proper Board action.|
SAFEGUARDS FOR EXCEPTIONAL STUDENTS, INFORMATION COLLECTED UNDER WEST VIRGINIA BOARD OF EDUCATION POLICY 2419:
|A.||Each participating school, agency or institution shall protect the confidentiality of personally identifiable information at collection, disclosure and destruction stages.|
|B.||One (1) official at each school, agency or institution serving exceptional students shall assume responsibility for ensuring the confidentiality of any personally identifiable information collected under West Virginia Board of Education Policy 2419, and IDEA.|
|C.||All persons collecting or using personally identifiable information must receive training or instruction regarding the Stateís policies and procedures under this policy and Policy 2419.|
|D.||Each school, agency or institution shall maintain for public inspection, a current listing of the names and positions of those employees within the school, agency or institution who may have access to personally identifiable information of identified special students.|
COLLECTION AND USE OF STUDENT SOCIAL SECURITY NUMBERS:
|A.||A social security number is personally identifiable information and must, therefore, be used in compliance with the other provision of this policy, the Family Educational Rights and Privacy Act, and the provisions of ß 18-2-5f. No public or private elementary or secondary school shall display any studentís 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 listing of grades, or for any other public identification purpose unless specifically authorized or required by law.|
|B.||The student social security number may be used for internal record keeping purposes or studies.|
|C.||The student social security number or alternative number is required for enrollment or attendance in public schools.|
|D.||The Board must request from the parent, guardian, or responsible person the social security number of each child who is currently enrolled in the school system.|
|E.||Prior to admittance to a public school, the Board must request from the parent, guardian, or responsible person the social security number of each child who is to be enrolled.|
|F.||The Board must inform the parent, guardian, or other responsible person that, if s/he declines to provide the student social security number, the Board will assign the student an alternate nine (9) digit number as designated by the West Virginia Board of Education.|
|G.||For any student who is attending a public school and for whom a social security number has not been provided, the Board shall make a request annually to the parent, guardian, or other responsible person to furnish the social security number.|
MARKETING OR SELLING OF PERSONAL INFORMATION:
The Board will not allow the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
The Superintendent is directed to provide notice directly to parents of students enrolled in the District of the substantive content of this policy at least annually at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy. In addition, the Superintendent is directed to notify parents of students in the District, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the administration of any survey by a third party that contains one or more of the items described in A through H on page 5 are scheduled.
For purposes of this policy, the term "parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).
20 U.S.C. 1232(g)(h)
Public Law 105-244, the Family Educational Rights and Privacy Act (as amended)
Public Law 105-17,
the Individuals With Disabilities Education Act Amendments of 1997 (IDEA)
Public Law 107-110, the No Child Left Behind Act of 2001
Public Law 107-107
The National Defense Authorization Act for the Fiscal Year 2002
West Virginia Board of Education Policy 4350
USA Patriot of Pupil Rights Act