22.1-288.2 - Receipt, dissemination and maintenance of records of certain law-enforcement information. - Virginia Statutes

§ 22.1-288.2. Receipt, dissemination and maintenance of records of certainlaw-enforcement information.

A. A division superintendent shall disseminate the notice or informationregarding an adjudication of delinquency or conviction for an offense listedin subsection G of § 16.1-260, contained in a notice received by him pursuantto § 16.1-305.1 to school personnel responsible for the management of studentrecords and to other relevant school personnel, including, but not limitedto, the principal of the school in which the student is enrolled. Theprincipal shall further disseminate such information to licensedinstructional personnel and other school personnel who (i) provide directeducational or support services to the student and (ii) have a legitimateeducational interest in such information.

B. A parent, guardian or other person having control or charge of a studentin a public school and, with consent of a parent or in compliance with acourt order, the court in which the disposition was rendered, shall benotified in writing of any disciplinary action taken with regard to anyincident upon which the adjudication of delinquency or conviction for anoffense listed in subsection G of § 16.1-260 was based and the reasonstherefor. The parent or guardian shall also be notified of his or her rightto review, and to request an amendment of, the student's scholastic record,in accordance with regulations of the Board of Education governing themanagement of scholastic records.

Every notice of adjudication of delinquency or conviction for an offenselisted in subsection G of § 16.1-260 received by a superintendent, andinformation contained in the notice, which is not a disciplinary record asdefined in Board of Education regulations, shall be maintained by him and byany others to whom he disseminates it, separately from all other recordsconcerning the student. However, if the school administrators or the schoolboard takes disciplinary action against a student based upon an incidentwhich formed the basis for the adjudication of delinquency or conviction foran offense listed in subsection G of § 16.1-260, the notice shall become apart of the student's disciplinary record.

C. When a superintendent receives notice of the filing of a petition from theintake officer in accordance with § 16.1-260, or upon request of a courtservices unit for information made in conjunction with the preparation of asocial history report pursuant to § 16.1-273, the superintendent shallprovide information regarding the student's educational and attendance statusto the intake officer or court services unit, as the case may be. Whenever adivision superintendent receives notice of a student's commitment to theDepartment of Juvenile Justice, the superintendent or his designee shallparticipate in the development of a reenrollment plan as provided in §16.1-293.

(1994, cc. 835, 913; 1995, c. 429; 1996, cc. 755, 914; 1998, c. 870; 2003, c.119.)