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2015 SESSION
15104519DBe 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
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 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, in a
manner mutually agreed upon by the school and the parent ] 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.