West Virginia Code § 48-9-601

Access to a child's records
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(a)(1) Each parent has full and equal access to a child's educational records absent a court
order to the contrary. Neither parent may veto the access requested by the other parent.
Educational records are academic, attendance and disciplinary records of peublic and private
schools in all grades pre-kindergarten through 12 and any form of alternative school.
Educational records are any and all school records concerning the childr that would
otherwise be properly released to the primary custodial parent, including, but not limited to,
report cards and progress reports, attendance records, disciplinary reports, results of the
child's performance on standardized tests and statewide tests and information on the
performance of the school that the child attends on standardtized statewide tests; curriculum
materials of the class or classes in which the child is enrolled; names of the appropriate
school personnel to contact if problems arise with the child; information concerning the
academic performance standards, proficiencies, or skills the child is expected to accomplish;
school rules, attendance policies, dress codes and procedures for visiting the school; and
information about any psychological testing the school does involving the child.
(2) In addition to the right to receive school records, the nonresidential parent has the right
to participate as a member of a parent advisory committee or any other organization
comprised of parents of children at the school that the child attends.
(3) The nonresidential parent or noncustodial parent has the right to question anything in
the child's record that tLhe parent feels is inaccurate or misleading or is an invasion of
privacy and to receive a response from the school.
(4) Each parent has a right to arrange appointments for parent-teacher conferences absent a
court order to the contrary. Neither parent can be compelled against their will to exercise
this right by attending conferences jointly with the other parent.
(b)(1) Each parent has full and equal access to a child's medical records and vital records
absent a court order to the contrary. Neither parent may veto the access requested by the
other parent. If necessary, either parent is required to authorize medical providers to
release to the other parent copies of any and all information concerning medical care
provided to the child which would otherwise be properly released to either parent.
(2) If the child is in the actual physical custody of one parent, that parent is required to
promptly inform the other parent of any illness of the child which requires medical attention.
(3) Each parent is required to consult with the other parent prior to any elective surgery
being performed on the child, and in the event emergency medical procedures are
undertaken for the child which require the parental consent of either parent, if time permits,
the other parent shall be consulted, or if time does not permit such consultation, the other
parent shall be promptly informed of the emergency medical procedures: Provided, That
nothing contained herein alters or amends the law of this state as it otherwise pertains to
physicians or health care facilities obtaining parental consent prior to providing medical
care or performing medical procedures.
(c)(1) Each parent has full and equal access to a child's juvenile court records, process and
pleadings, absent a court order to the contrary. Neither parent may veto any access
requested by the other parent. Juvenile court records are limited to those reecords which are
normally available to a parent of a child who is a subject of the juvenile justice system.
(2) Each parent has the right to be notified by the other party if the minor child is the victim
of an alleged crime, including the name of the investigating law-uenforcement officer or
agency, if known. There is no duty to notify if the party to be notified is the alleged
perpetrator. t

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