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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-390.1 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-390.1. School records as evidence.
In a proceeding where a minor's school records relating to
attendance, transcripts or grades are material and otherwise admissable,
copies of such school records solely relating thereto shall be received
as evidence in any matter involving the custody of that minor or the
termination of parental rights of that minor's parents, provided that such
copies are authenticated to be true and accurate copies by the custodian
thereof, or by the person to whom the custodian reports if they are different. All
other school records in any matter involving custody or termination of parental
rights may be authenticated to be true and accurate copies by the custodian
thereof, or by the person to whom the custodian reports if they are different.
An affidavit signed by the custodian of such records, or by the person to whom
the custodian reports if they are different, stating that such records are true
and accurate copies of such records shall be valid authentication for the
purposes of this section. Except for copies of report cards and letters
previously sent to parents, subjective information, including observations,
comments or opinions shall be redacted, by the court, from any records prior to
admittance of the records into evidence pursuant to this section. Any party
seeking to introduce records authenticated by affidavit under this section
shall deliver notice and a copy of such records to the other parties so that
they are received not less than seven days prior to the introduction of such
records.