(a) Parents of students who are or have been in attendance at any Virgin Islands public school or institution shall have the right to inspect or review the education records of their children within 45 days of making a written request to make such inspection or review; provided, however, that if any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material.
(b) Parents of students who are or have been in attendance at any Virgin Islands school or institution shall be provided an opportunity for a hearing by such school or institution to challenge the content of such student's education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction and deletion of any proved inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.
(c)
(1) For the purposes of this section, the term “education records” means, except as limited by paragraph (2) of this subsection, those records, files, documents, and other materials which contain information directly related to a student, and are maintained by a Virgin Islands school or institution or by a person acting for or on behalf of such school or institution.
(2) For the purposes of this section, the term “educational records” does not include:
(A) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;
(B) records otherwise included in paragraph (1), but which are held by a law enforcement agency for a specific law enforcement purpose and are not made available to persons other than law enforcement officials of the same jurisdiction;
(C) employment records of persons not in attendance, as students, of a school or institution; or
(D) records on a student who is eighteen years of age or older which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to any one other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
(d) Any educational school or institution making public directory information shall give public notice of categories of information which it has designated as “directory information” with respect to each student attending the school or institution and shall allow a reasonable period of time after such notice has been given for a parent to inform the school or institution that any or all of the information designated should not be released without the parent's prior consent. As used in this section, the term “directory information” includes the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized school activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational school or institution attended by the student.
(e)
(1) No personally identifiable information in education records, other than directory information or as permitted under paragraph (2) of this subsection, shall be released, distributed, or made accessible to any person other than the parents of a student unless:
(A) there is written consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents; or
(B) such information is furnished in compliance with a judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the school or institution and given a reasonable time to file an appeal.
(2) Parental consent for the release of educational records of a student, as provided in paragraph (1) of this subsection (e), shall not be required in the case of any of the following:
(A) an emergency exists, as determined by the Commissioner, and the release of a student's records is necessary to protect the health or safety of the student or other persons directly affected by the information sought for release;
(B) the information is required by any authorized Federal or local official in conjunction with a lawful audit, to determine compliance with a federal program, or other similar purpose authorized by law;
(C) school officials of the Virgin Islands Department of Education, including teachers, with legitimate educational interests;
(D) officials of other school systems in which the student seeks or intends to enroll, provided, however, that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;
(E) in connection with a student's application for, or receipt of, financial aid;
(F) accrediting organizations in order to carry out their accrediting functions;
(G) organizations or persons conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations or individuals who are enrolled in institutions of higher learning and are given permission by the Commissioner of Education and such information will be destroyed when no longer needed for the purpose for which it is conducted;
(H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954.
(f) For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.
(g) The Commissioner shall inform the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.
(h) The Commissioner shall, whenever required by federal law as a condition precedent to the receipt of federal educational funds, modify and/or expand the rights accorded parents under this section to bring such rights, and the enforcement thereof, into compliance with the requirements for federal funding.
(i) Upon appeal by the parents or student, if the student is eighteen years of age or older, or is attending an institution of post-secondary education, the Board of Education shall review any decision by the Commissioner or Department of Education regarding the student's record.