22.1-287 - Limitations on access to records. - Virginia Statutes

§ 22.1-287. Limitations on access to records.

A. No teacher, principal or employee of any public school nor any schoolboard member shall permit access to any records concerning any particularpupil enrolled in the school in any class to any person except under judicialprocess unless the person is one of the following:

1. Either parent of such pupil or such pupil; provided that a school boardmay require that such pupil, if he be less than eighteen years of age, as acondition precedent to access to such records, furnish written consent of hisor her parent for such access;

2. A person designated in writing by such pupil if the pupil is eighteenyears of age or older or by either parent of such pupil if the pupil is lessthan eighteen years of age;

3. The principal, or someone designated by him, of a school where the pupilattends, has attended, or intends to enroll;

4. The current teachers of such pupil;

5. State or local law-enforcement or correctional personnel, including alaw-enforcement officer, probation officer, parole officer or administrator,or a member of a parole board, seeking information in the course of hisduties;

6. The Superintendent of Public Instruction, a member of his staff, thedivision superintendent of schools where the pupil attends, has attended, orintends to enroll or a member of his staff;

7. An officer or employee of a county or city agency responsible forprotective services to children, as to a pupil referred to that agency as aminor requiring investigation or supervision by that agency.

B. A parent or pupil entitled to see the records pursuant to subdivision A 1of this section shall have access to all records relating to such pupilmaintained by the school except as otherwise provided by law and need onlyappear in person during regular hours of the school day and request to seesuch records. No material concerning such pupil shall be edited or withheldexcept as otherwise provided by law, and the parent or pupil shall beentitled to read such material personally.

C. The restrictions imposed by this section shall not apply to the giving ofinformation by school personnel concerning participation in athletics andother school activities, the winning of scholastic or other honors andawards, and other like information.

D. Notwithstanding the restrictions imposed by this section:

1. A division superintendent of schools may, in his discretion, provideinformation to the staff of a college, university, or educational researchand development organization or laboratory if such information is necessaryto a research project or study conducted, sponsored, or approved by thecollege, university, or educational research and development organization orlaboratory and if no pupil will be identified by name in the informationprovided for research;

2. The name and address of a pupil, the record of a pupil's daily attendance,a pupil's scholastic record in the form of grades received in schoolsubjects, the names of a pupil's parents, a pupil's date and place of birth,and the names and addresses of other schools a pupil has attended may bereleased to an officer or employee of the United States government seekingthis information in the course of his duties when the pupil is a veteran ofmilitary service with the United States, an orphan or dependent of suchveteran, or an alien;

3. The record of a pupil's daily attendance shall be open for inspection andreproduction to an employee of a local department of social services whoneeds the record to determine the eligibility of the pupil's family forpublic assistance and social services;

4. The principal or his designee may disclose identifying information from apupil's scholastic record for the purpose of furthering the ability of thejuvenile justice system to effectively serve the pupil prior to adjudication.In addition to those agencies or personnel identified in subdivisions 5 and 7of subsection A, the principal or his designee may disclose identifyinginformation from a pupil's scholastic record to attorneys for theCommonwealth, court services units, juvenile detention centers or grouphomes, mental and medical health agencies, state and local children andfamily service agencies, and the Department of Juvenile Justice and to thestaff of such agencies. Prior to disclosure of any such scholastic records,the persons to whom the records are to be disclosed shall certify in writingto the principal or his designee that the information will not be disclosedto any other party, except as provided under state law, without the priorwritten consent of the parent of the pupil or by such pupil if the pupil iseighteen years of age or older.

(Code 1950, § 22-275.26; 1975, c. 639; 1976, c. 682; 1980, c. 559; 1981, c.535; 1996, c. 1000; 1997, c. 910; 2002, c. 747; 2007, cc. 48, 555.)