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2015 SESSION
15100565DBe 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 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 Nothing in this
subsection 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.
C. In
any case in which a questionnaire or survey requesting sexual
information of students that students provide sexual information, mental health
information, medical information, information on student health risk behaviors
pursuant to § 32.1-73.8, other
information on controlled substance use, or any 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 through the school's electronic notification
system, if the school uses
such a system, and in writing not less than by regular mail to the
address on file for the student at least 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 questionnaire or survey, how information collected by the questionnaire
or survey will be used, who will have access to such
information, the steps that will be taken to protect student privacy, and
whether and how any findings or results will be disclosed.
Parents The parent
shall have the right to (i) request that a
copy of the questionnaire or survey be sent through (a) email
or (b) regular mail to the
address on file for the student, (ii) review the
questionnaire or survey in person
at the school, and to (iii)
exempt their his
child from participating in the questionnaire or survey. However, no questionnaire or survey requesting
sexual information of a student shall be administered to any student in
kindergarten through grade six and, unless 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. No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.
E. 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. F. 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. G. 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. H. 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. I. 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.