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Developed and maintained by the Division of Legislative Automated Systems.
2001 SESSION
013856610WHEREAS, pursuant to § 16.1-305.1, upon disposition of a court proceeding in which a juvenile is adjudicated delinquent or convicted of certain serious crimes, the clerk of the court is to provide written notice of the disposition, including the nature of the offense upon which the adjudication or conviction was based, to the superintendent of the school division in which the student was enrolled at the time of the disposition or, if he is not then enrolled in school, the division in which he was enrolled at the time of the offense; and
WHEREAS, pursuant to § 22.1-288.2, the division superintendent is required to disseminate this notice to school personnel "responsible for the management of student records and to other relevant school personnel, including, but not limited to, the principal of the school in which the student is enrolled," and the principal is required to transmit this information to "licensed instructional personnel and other school personnel who (i) provide direct educational or support services to the student and (ii) have a legitimate educational interest in such information"; and
WHEREAS, these notices of adjudication or conviction received by a superintendent are not deemed disciplinary records for purposes of Board of Education regulations, and are to be maintained by those individuals in receipt thereof "separately from all other records concerning the student"; and
WHEREAS, these notices do, however, become part of a student's disciplinary record if they are the basis upon which subsequent disciplinary action is taken by school administrators or school board against the student; and
WHEREAS, some school boards have indicated that these notices are not being disseminated as required by statute, leaving school boards unaware of the underlying incidents and unable to pursue appropriate disciplinary action; and
WHEREAS, effective transmittal of these notices by the clerk of the court to the relevant school division is sometimes stymied by the relocation of the student to another school division, as the original school division may not know where the student has moved and, in addition, may not have been made aware of the notice initially; and
WHEREAS, any revision to these procedures and requirements necessitates careful consideration of complex issues, such as students' rights of confidentiality and school board and personnel commitment to ensuring a safe learning environment; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Commission on Youth be requested to study the transfer of information regarding certain adjudications of students to and among public schools.
In conducting its study, the Commission shall consider, among other things, relevant federal and state law and regulations governing student records; documented instances of failure to comply with dissemination and privacy requirements; and such other issues as it deems appropriate.
All agencies of the Commonwealth shall provide assistance to the Commission for this study, upon request.
The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 2002 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.