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2014 SESSION
14102752DBe it enacted by the General Assembly of Virginia:
1. That § 22.1-79.3 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-79.3. Policies regarding certain activities.
A. No later than January 1, 2001, local school boards shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.
This section shall not be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.
B. Local school boards shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student's participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.
In any case in which a questionnaire or survey requesting of students (i) sexual
information of students, (ii) mental health information,
(iii) medical information, (iv)
information on student health risk
behaviors pursuant to § 32.1-73.8, (v) information on controlled substance use,
or (vi)
other information that the school board deems to be sensitive in nature
is to be administered, the school board shall notify the parent concerning the
administration of such questionnaire or survey in writing not less than 30 days
prior to its administration. The notice shall inform the parent regarding the nature
and types of questions included in the questionnaire or survey, the purposes
and age-appropriateness of the survey, how information
collected by the survey will be used, who will have access to such information,
the steps that will be taken to protect students' privacy, and
whether and how any findings or results will be disclosed. Parents shall have
the right to review the questionnaire or survey. and to exempt their child from participating in
the survey prior to the administration of the questionnaire
or survey. No
questionnaire or survey requesting of
students (i) sexual information, (ii) mental health information, (iii) medical
information, (iv) information on student
health risk behaviors pursuant to § 32.1-73.8, (v) information on controlled
substance use, or (vi) other information that the school
board deems to be sensitive in nature shall
be administered without
written, informed parental consent for the student's participation. However,
no questionnaire or survey requesting sexual information
of a student shall be administered to any student in kindergarten through grade
six and, unless required by federal or state law or regulation, school
personnel administering any such questionnaire or survey shall not disclose
personally identifiable information.
C. Local school boards shall develop and implement
policies to notify parents of each student enrolled in a middle or high school
selected for participation in the survey of student health risk behaviors
pursuant to § 32.1-73.8, in writing and at least 30 days prior to
administration of the survey, that their child may be randomly selected to
participate in the survey unless the parent denies consent for the student's
participation in writing prior to administration of the survey. The notice
shall inform the parent regarding the nature and types of questions included in
the survey, the purposes and age-appropriateness of the survey, how information
collected by the survey will be used, who will have access to such information,
whether and how any findings or results will be disclosed, and the steps that
will be taken to protect students' privacy. Parents shall have the right to
review the survey prior to administration of the survey.
D. Local school boards shall develop
and implement policies to advise the parent of each student enrolled in the
school division of the availability of information in the Sex Offender and
Crimes Against Minors Registry and the location of the Internet website. Local
school boards shall also develop protocols governing the release of children to
persons who are not their parent.
E. D. No
local school board providing access and opportunity to use school facilities or
to distribute literature may deny equal access or fair opportunity to use such
school facilities or to distribute literature, or otherwise discriminate
against the Boy Scouts of America or the Girl Scouts of the USA.
Nothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board policies governing access to and use of school facilities and distribution of literature.
F. E. Local
school boards shall develop and implement policies to allow a parent of twins
or higher order multiples in the same grade level to request that the children
be placed in the same classroom or in separate classrooms if they are at the
same elementary school. Such policies shall also provide that: (i) schools may
recommend classroom placement to the parent; (ii) schools must provide the
placement requested by the children's parent, unless the division
superintendent or his designee makes a classroom placement determination
following the school principal's request in accordance with this subsection;
(iii) a parent must request the classroom placement no later than three days
after the first day of each school year or three days after the first day of
attendance of the children during a school year; and (iv) at the end of the
initial grading period, if the school principal, in consultation with the
children's classroom teacher, determines that the requested classroom placement
is disruptive to the school or is harmful to the children's educational
progress, the school principal may request that the division superintendent or
his designee determine the children's classroom placement.
G. F. Local
school boards may adopt and implement policies pursuant to which electronic
records and electronic signatures may be accepted from any parent, guardian, or
other person having control or charge of a child enrolled in the relevant
school division, provided such policies are consistent with the provisions of
Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1.
H. G. Local
school boards may develop a single, standardized form to obtain parental
consent for the release of student data. If developed by the local school
board, such form shall be used by Community Policy and Management Teams and the
Departments of Health, Social Services, Juvenile Justice, and Behavioral Health
and Developmental Services.