Your Right to Know What is Happening with Your Children's Education

 

Public Access to Educator Certification and Counselor-Mandated Documentation in West Virginia

Executive Summary

The governance of public information in West Virginia is built upon a foundational presumption of transparency, particularly within the state’s education system. This briefing document explores the legal architecture—comprised of the West Virginia Freedom of Information Act (FOIA), the Student Data Accessibility, Transparency and Accountability Act, and West Virginia Board of Education (WVBE) policies—that governs access to school counselor certifications and the legal documents they sign.

Key takeaways include:

• Public Accountability: Educator certification status, including disciplinary actions, is categorical public information accessible via the "Educator License Look-up" tool.
• Documentation Thresholds: School counselors sign a variety of legally significant documents, including Personalized Education Plans (PEPs), Section 504 Plans, and Comprehensive School Counseling Program (CSCP) Annual Plans.
• The Redaction Standard: While programmatic and certification records are generally public, documents containing student Protected Identifying Information (PII) are shielded by a "redaction barrier" to balance transparency with federal and state privacy mandates (FERPA).
• Workload Compliance: The "80/20" rule requires counselors to spend 80% of their time in direct counseling; the logs documenting this time are considered disclosable public records.

--------------------------------------------------------------------------------

Legal Foundation: The West Virginia Freedom of Information Act (FOIA)

The West Virginia Freedom of Information Act, codified at W. Va. Code § 29B-1-1 et seq., establishes that the public has a right to inspect records concerning the conduct of the public’s business. The West Virginia Department of Education (WVDE) and county boards are defined as "public bodies" subject to these disclosure requirements.

FOIA Procedural Requirements

Component	Statutory/Administrative Reference	Operational Detail
Initial Response Window	W. Va. Code § 29B-1-3(3)	5 business days from receipt.
Cost per Page	WVBE Policy 126-10-4.1	$0.40 per page, payable in advance.
Request Format	W. Va. Code § 29B-1-3(2)	Written request to the custodian (Superintendent).
Standard for Denial	W. Va. Code § 29B-1-3(3)	Must provide specific reasons for exemption.
Enforcement	W. Va. Code § 29B-1-5	Circuit court petition for injunctive relief.

--------------------------------------------------------------------------------

Educator Certification and Public Oversight

Under WVBE Policy 5202, school counselors are classified as "professional personnel." Certification is a prerequisite for public employment and is treated as a matter of public record.

The Educator License Look-up Tool

The WVDE maintains a searchable database providing transparent verification of counselor qualifications. Accessible data elements include:

• Educator Name and ID: Fully public via the WVEIS certcheck system.
• Certification Type: Identifies the specific role (e.g., Support Personnel).
• Valid Date Ranges: Confirms current licensure status.
• Endorsement Areas: Confirms specific grade-level authorizations.
• Licensure Actions: A public registry of disciplinary measures, including revocations or suspensions for grounds such as immorality, cruelty, or felony convictions.

--------------------------------------------------------------------------------

The Counselor’s Signature: Legal and Professional Weight

A school counselor’s signature serves as a professional attestation with specific legal consequences. The accessibility of these signed documents depends on whether they are programmatic or student-specific.

Categories of Mandated Documentation

Document Type	Signatory Requirement	Legal Function	Public Accessibility
Personalized Education Plan (PEP)	Counselor, Student, Parent	Certifies academic/career path for graduation.	Redacted (FERPA protected).
Section 504 Plan	Interdisciplinary Team	Mandates disability accommodations.	Redacted (FERPA protected).
CSCP Annual Plan	Principal, all School Counselors	Formal contract of programmatic goals.	Generally Public.
Evaluation Receipt	Evaluated Personnel	Acknowledges receipt of performance review.	Restricted (Privacy Exemption).
Administrative Conference	Principal and Counselor	Agreement on the 80/20 time use.	Generally Public.

The 80/20 Rule and Time Analysis logs

W. Va. Code § 18-5-18b mandates that counselors spend at least 80% of their work time in direct counseling. To ensure compliance, counselors must maintain a "Time Analysis System."

• Public Interest: These time logs demonstrate how salaried hours are spent and are subject to administrative audit.
• Disclosure: While student names are redacted, the logs themselves are disclosable public records used to monitor district compliance with state law.

--------------------------------------------------------------------------------

Privacy Protections and the Redaction Barrier

The intersection of FOIA and student privacy is governed by the West Virginia Student Data Accessibility, Transparency and Accountability Act (W. Va. Code § 18-2-5h).

• Redacted Data Standard: This allows for the release of student datasets where parent and student identifying information has been removed.
• Policy 4350: Any record directly related to a student is confidential. If a citizen requests documents signed by a counselor in an official capacity, the agency must provide them in a redacted format if they involve student education records.
• The Evaluation Paradox: Routine performance evaluations (Policy 5310) are generally considered private personnel matters. However, if an evaluation involves high-level misconduct leading to formal disciplinary action, it is more likely to be deemed a public record.

--------------------------------------------------------------------------------

Institutional Contacts for Record Requests

Entities seeking records regarding certification or professional conduct should contact the following offices:

• Office of Certification: Manages the certcheck database and licensure status inquiries.
• Office of Legal Services: Handles investigations into educator misconduct and administrative hearings.
• Office of the Attorney General: Coordinates FOIA requests and provides legal guidance on the disclosability of personnel files.

Legislative Evolution

The "Green Book" summaries from the WVDE indicate a continuing trend toward increased parental rights and school transparency. Recent legislation has introduced new requirements for counselors to sign notifications regarding student wellbeing, potentially expanding the scope of administrative records available for public insight in the future.