Morgan County Schools
Bylaws & Policies
 

8350 - CONFIDENTIALITY

State and Federal law requires that student education records be maintained as confidential. See Policy West Virginia Board of Education Policy 4350. This policy and State and Federal law further exempts certain information and records from public disclosure. Accordingly, the Board of Education is obligated to take appropriate steps to maintain certain information and records as confidential. Individuals who have access to student education records may not remove them from Board property without express permission from their building principal or supervisor. An individual authorized to remove student education records from school property is responsible for the safety and security of the records and for returning them to the County intact. Confidential information and records may not be disclosed except as authorized by Board policy and administrative guidelines. Individuals who have access to confidential information and records while employed by the Board are reminded that their legal obligation to maintain such confidences extends beyond their term of employment in the County and they are prohibited from releasing, disclosing or otherwise disseminating confidential information or records subsequent to leaving the Board’s employ. The Board directs the Superintendent to prepare guidelines concerning Board employees’ duties to maintain certain information and records as confidential consistent with the State Board Policy 4350 referenced above.

It is further the policy of the Board of Education that when the County receives in trust from a public agency information identified as confidential (whether such information is confidential by West Virginia Statutory or Case Law, Federal Statutory or Case Law or duly adopted State or Federal regulation), the Board will maintain the confidentiality of said information to the maximum extent permitted by the law.

The following portion of this policy applies only to identified confidential information received from a public agency.

In order to prohibit the unauthorized disclosure of information identified as confidential by the sending public agency, the Board may seek to obtain court protection by:

 A.denying requests for release of such information absent subpoena or court order;

 B.pursuing motions to quash or protective orders to prohibit unauthorized disclosure.

When possible, the Board will attempt to notify the public agency which provided the information of the request for release of such information prior to complying with the request.

West Virginia Board of Education Policy 4350