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2023 SESSION

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23101392D
SENATE BILL NO. 1110 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend the Code of Virginia by adding a section numbered 23.1-411.1, relating to public institutions of higher education; student accounts; withholding transcripts. ---------- Patrons-- Hashmi; Delegate: Simonds ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-1305.1 as follows:

§ 23.1-411.1. Student accounts; unpaid student loan debt; withholding of transcripts prohibited.

A. As used in this section:

"Academic transcript" means a transcript issued by an institution of higher education, whether official or unofficial, of a current or former student's enrollment status and academic record.

"Outstanding debt" means any legally enforceable monetary obligation, claim, or sum due or owed, or alleged to be due or owed, by a student presently or formerly enrolled at a public institution of higher education to such institution.

B. No public institution of higher education shall condition the provision of an academic transcript to a current or former student enrolled at such institution on the payment of an outstanding debt if such student is requesting the academic transcript for the purpose of (i) applying for employment, (ii) applying for financial aid, (iii) pursuing opportunities in the Armed Forces or National Guard, or (iv) pursuing postsecondary opportunities for career or technical job training. No public institution of higher education shall condition the provision or release of a current or former student's academic transcript to another institution of higher education on the student's payment of an outstanding debt, provided, however, that such institution may provide or release a partial transcript omitting any course credits attempted or completed during a semester or quarter for which the student has an outstanding debt.

C. Any public institution of higher education may condition the provision of an academic transcript to a current or former student enrolled at such institution on enrollment in a repayment plan for an outstanding debt or the payment of a fee, provided that:

1. Any repayment plan established as a precondition of providing an academic transcript shall include a monthly payment amount. Such monthly payment amount shall be established with consideration of the current or former student's ability to pay and shall not exceed 10 percent of such student's monthly income;

2. Any fee charged as a precondition of providing an academic transcript shall not be higher for a current or former student as a consequence of having an outstanding debt than the fee charged to any current or former student not owing a debt; and

3. No current or former student receives any other less favorable treatment as a consequence of such student having an outstanding debt.

D. Each public institution of higher education shall clearly and prominently indicate on any materials or webpages relating to academic transcript requests the purposes and conditions set forth in subsections B and C dictating the provision of an academic transcript to a current or former student with an outstanding debt to such institution.