W. Va. Code R. § 126-94-29

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-94-29 - Complaint Procedure

29.1. A parent, eligible student, or school official may file a complaint with the WVDE regarding an alleged violation under applicable privacy regulations. Complaints may be submitted via email to ZoomWV@help.k12.wv.us or mailed to WVDE Student Privacy Team, 1900 Kanawha Boulevard East, Building 6, Charleston, WV 25305-0330.

29.2. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of applicable regulations has occurred. The complaint shall be submitted on the prescribed form and signed by the person making the complaint. Complaint forms may be found on the WVDE's website.

29.3. WVDE personnel will investigate each timely complaint to determine whether the educational agency or institution, contractor, researcher, or other party has failed to comply with applicable privacy regulations.

29.3.a. A timely complaint is defined as an allegation of a violation of applicable student data privacy regulations that is submitted to the WVDE within 180 days of the alleged violation or the date that the complainant knew or reasonably should have known of the alleged violation.

29.3.b. This time limit may be extended if the complainant shows that the complainant was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient by the WVDE staff responsible for data governance.

29.4. If a complaint does not meet the requirements of section 29.2 or 29.3, the WVDE will notify the complainant that no investigation will be initiated.

29.4.a. If appropriate, a complainant may be referred to other avenues of relief more suitable to their stated concerns, such as the citizens' conflict resolution process (W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens) or the system for resolving disputes related to the implementation of state and federal special education laws and regulations (as described in Policy 2419).

29.5. If a complaint is determined to have merit, the WVDE staff will begin an investigation and shall notify the complainant and the educational agency or institution, contractor, researcher, or other party suspected to be in violation, accordingly. Notices will:

29.5.a. include the substance and key facts of the alleged violation;

29.5.b. request a response from the educational agency or institution, contractor, researcher, or other party via telephone or web-enabled conference, email, or formal letter, dependent on the severity of the allegation; and

29.5.c. insofar as possible, respect the confidentiality of the complainant.

29.6. WVDE personnel, as appropriate, will review all available evidence pertaining to the allegation, including the complaint and the response, and may request additional information or evidence from the parties.

29.7. Following the investigation, WVDE staff will provide to the complainant and the respondent a written notification of the findings and the relevant evidence forming the basis for the findings. Telephone, email, or web-enabled conference notification may also accompany notifications to respondents, as appropriate.

29.8. If the WVDE personnel reviewing the complaint find that the educational agency or institution, contractor, researcher, or other party did not comply with applicable regulations, the notice under section 29.7 will:

29.8.a. include specific instructions that will enable the party to comply;

29.8.b. offer specific training, coaching, resources, and other technical assistance from the WVDE to support compliance;

29.8.c. provide a reasonable period of time, given all the circumstances of the situation, during which the party may work toward voluntary compliance; and

29.8.d. establish interim dates within the period of time established under section 29.8.c. for reporting and verifying progress toward voluntary compliance.

29.9. If the WVDE personnel reviewing the complaint find that the educational agency or institution, contractor, researcher, or other party has willfully disregarded or exhibited a pattern of noncompliance with FERPA or other applicable federal regulations, the WVDE may refer the issue to the ED's Student Privacy Policy Office for investigation and enforcement.

29.10. A parent or eligible student may also file a written complaint with the ED's Student Privacy Policy Office regarding an alleged violation under FERPA and applicable federal regulations. Complaint forms may be obtained online at https://studentprivacy.ed.gov/file-a-complaint. Completed forms should be emailed to FERPA.Complaints@ed.gov or mailed to U.S Department of Education, Student Privacy Policy Office, 400 Maryland Avenue, SW, Washington, D.C. 20202-8520.

29.11. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA or applicable federal regulations has occurred.

29.12. All resultant reviews or investigations, notifications of findings, and instructions for remedying noncompliance will adhere to the standard procedures and practices of the ED's Student Privacy Policy Office, as established by FERPA.

W. Va. Code R. § 126-94-29