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1997 SESSION

978303386
HOUSE BILL NO. 2862
House Amendments in [ ] -- January 28, 1997
A BILL to amend and reenact § 22.1-287 of the Code of Virginia, relating to computerized pupil information systems.
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Patrons-- O'Brien and McClure
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Referred to Committee on Education
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Be it enacted by the General Assembly of Virginia:

1. That § 22.1-287 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-287. Limitations on access to records; computerized storage and transfer of pupil information.

A. No teacher, principal or employee of any public school nor any school board member shall permit access to any [ written ] records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

1. Either parent or a guardian of such pupil or such pupil; provided that a school board may require that such pupil, if he be less than eighteen years of age, as a condition precedent to access to such records, furnish written consent of his or her parent or guardian for such access;

2. A person designated in writing by such pupil if the pupil is eighteen years of age or older or by either parent or a guardian of such pupil if the pupil is less than eighteen years of age;

3. The principal, or someone designated by him, of a school where the pupil attends, has attended, or intends to enroll;

4. The current teachers of such pupil;

5. State or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties;

6. The Superintendent of Public Instruction, a member of his staff, the division superintendent of schools where the pupil attends, has attended, or intends to enroll or a member of his staff;

7. An officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.

B. A parent, guardian or pupil entitled to see the records pursuant to subdivision A 1 of this section shall have access to all [ written ] records relating to such pupil maintained by the school except as otherwise provided by law and need only appear in person during regular hours of the school day and request to see such records. No [ written ] material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent, guardian or pupil shall be entitled to read such material personally.

C. The restrictions imposed by this section shall not apply to the giving of information by school personnel concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information.

D. Notwithstanding the restrictions imposed by this section:

1. A division superintendent of schools may, in his discretion, provide information to the staff of a college, university, or educational research and development organization or laboratory if such information is necessary to a research project or study conducted, sponsored, or approved by the college, university, or educational research and development organization or laboratory and if no pupil will be identified by name in the information provided for research;

2. The name and address of a pupil, the record of a pupil's daily attendance, a pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents or guardian, a pupil's date and place of birth, and the names and addresses of other schools a pupil has attended may be released to an officer or employee of the United States government seeking this information in the course of his duties when the pupil is a veteran of military service with the United States, an orphan or dependent of such veteran, or an alien;

3. The record of a pupil's daily attendance shall be open for inspection and reproduction to an employee of a local department of welfare or social services who needs the record to determine the eligibility of the pupil's family for public assistance.

[ E. Local school boards shall not retain or transfer information regarding any pupil, including scholastic records as defined in § 22.1-289, other than a pupil's name, course grades, and standardized test scores, by means of a computerized information system without the written consent of such pupil's parent. ]