{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-274.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-274.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-274.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-274.2.html"}],"law_id":75959,"edition_id":1,"section_id":75959,"structure_id":13301,"section_number":"16.1-274.2","catch_line":"Certain education records as evidence","history":"2016, c. 726.","full_text":"A\n\nIn any proceeding where (i) a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult and whether such act was committed intentionally or willfully by the juvenile is an element of the delinquent act and (ii) such act was committed (a) during school hours, and during school-related or school-sponsored activities upon the property of a public or private elementary or secondary school or child day center; (b) on any school bus as defined in § 46.2-100; or (c) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity, the juvenile shall be permitted to introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the alleged delinquent act that relates to (a) an Individualized Education Program developed pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504 Plan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794; (c) a behavioral intervention plan as defined in 8VAC20-81-10; or (d) a functional behavioral assessment as defined in 8VAC20-81-10.\n\t\t\tAny such document shall be admitted as evidence of the facts stated therein.B\n\nAt least 10 days prior to the commencement of the proceeding in which a document listed in subsection A will be offered as evidence, the juvenile intending to offer the document shall notify the attorney for the Commonwealth, in writing, of the intent to offer the document and shall provide or make available copies of the document to be introduced.C\n\nCopies of documents listed in subsection A shall be received as evidence, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit signed by the custodian of such documents, or by the person to whom the custodian reports if they are different, stating that such documents are true and accurate copies of such documents shall be valid authentication for the purposes of this section.D\n\nUpon motion of the juvenile, any document admitted pursuant to this section shall be placed under seal by the court.","order_by":null,"text":{"0":{"id":272708,"text":"In any proceeding where (i) a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult and whether such act was committed intentionally or willfully by the juvenile is an element of the delinquent act and (ii) such act was committed (a) during school hours, and during school-related or school-sponsored activities upon the property of a public or private elementary or secondary school or child day center; (b) on any school bus as defined in § 46.2-100; or (c) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity, the juvenile shall be permitted to introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the alleged delinquent act that relates to (a) an Individualized Education Program developed pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504 Plan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794; (c) a behavioral intervention plan as defined in 8VAC20-81-10; or (d) a functional behavioral assessment as defined in 8VAC20-81-10.\n\t\t\tAny such document shall be admitted as evidence of the facts stated therein.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272709,"text":"At least 10 days prior to the commencement of the proceeding in which a document listed in subsection A will be offered as evidence, the juvenile intending to offer the document shall notify the attorney for the Commonwealth, in writing, of the intent to offer the document and shall provide or make available copies of the document to be introduced.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272710,"text":"Copies of documents listed in subsection A shall be received as evidence, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit signed by the custodian of such documents, or by the person to whom the custodian reports if they are different, stating that such documents are true and accurate copies of such documents shall be valid authentication for the purposes of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272711,"text":"Upon motion of the juvenile, any document admitted pursuant to this section shall be placed under seal by the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13301,"edition_id":1,"name":"Adjudication","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":161719,"object_type":"structure","relational_id":13301,"identifier":"8","token":"16.1\/11\/8","url":"\/16.1\/11\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84576,"structure_id":13301,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","url":"\/16.1-273\/","token":"16.1\/11\/8\/16.1-273","metadata":false},{"id":56443,"structure_id":13301,"section_number":"16.1-274","catch_line":"Time for filing of reports; copies furnished to attorneys; amended reports; fees","url":"\/16.1-274\/","token":"16.1\/11\/8\/16.1-274","metadata":false},{"id":66915,"structure_id":13301,"section_number":"16.1-274.1","catch_line":"Admission of evidence of juvenile's age","url":"\/16.1-274.1\/","token":"16.1\/11\/8\/16.1-274.1","metadata":false},{"id":75959,"structure_id":13301,"section_number":"16.1-274.2","catch_line":"Certain education records as evidence","url":"\/16.1-274.2\/","token":"16.1\/11\/8\/16.1-274.2","metadata":false},{"id":68027,"structure_id":13301,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","url":"\/16.1-275\/","token":"16.1\/11\/8\/16.1-275","metadata":false},{"id":87109,"structure_id":13301,"section_number":"16.1-276","catch_line":"Fees and travel expenses of witnesses","url":"\/16.1-276\/","token":"16.1\/11\/8\/16.1-276","metadata":false},{"id":64722,"structure_id":13301,"section_number":"16.1-276.1","catch_line":"Repealed","url":"\/16.1-276.1\/","token":"16.1\/11\/8\/16.1-276.1","metadata":false},{"id":79168,"structure_id":13301,"section_number":"16.1-276.2","catch_line":"Transportation orders in certain proceedings","url":"\/16.1-276.2\/","token":"16.1\/11\/8\/16.1-276.2","metadata":false},{"id":76333,"structure_id":13301,"section_number":"16.1-276.3","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-276.3\/","token":"16.1\/11\/8\/16.1-276.3","metadata":false},{"id":82701,"structure_id":13301,"section_number":"16.1-276.4","catch_line":"Use of restraints on juveniles in court prohibited; exceptions","url":"\/16.1-276.4\/","token":"16.1\/11\/8\/16.1-276.4","metadata":false},{"id":79123,"structure_id":13301,"section_number":"16.1-277","catch_line":"Repealed","url":"\/16.1-277\/","token":"16.1\/11\/8\/16.1-277","metadata":false},{"id":73490,"structure_id":13301,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","url":"\/16.1-277.01\/","token":"16.1\/11\/8\/16.1-277.01","metadata":false},{"id":73075,"structure_id":13301,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","url":"\/16.1-277.02\/","token":"16.1\/11\/8\/16.1-277.02","metadata":false},{"id":54290,"structure_id":13301,"section_number":"16.1-277.1","catch_line":"Time limitation","url":"\/16.1-277.1\/","token":"16.1\/11\/8\/16.1-277.1","metadata":false},{"id":75663,"structure_id":13301,"section_number":"16.1-277.2","catch_line":"Rejection of plea agreement; recusal","url":"\/16.1-277.2\/","token":"16.1\/11\/8\/16.1-277.2","metadata":false}],"previous_section":{"id":66915,"structure_id":13301,"section_number":"16.1-274.1","catch_line":"Admission of evidence of juvenile's age","url":"\/16.1-274.1\/","token":"16.1\/11\/8\/16.1-274.1","metadata":false},"next_section":{"id":68027,"structure_id":13301,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","url":"\/16.1-275\/","token":"16.1\/11\/8\/16.1-275","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-274.2\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 726<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"}],"permalink":{"id":161733,"object_type":"law","relational_id":75959,"identifier":"16.1-274.2","token":"16.1\/11\/8\/16.1-274.2","url":"\/16.1-274.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-274.2\/","token":"16.1\/11\/8\/16.1-274.2","dublin_core":{"Title":"Certain education records as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-274.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any proceeding where (i) a juvenile is alleged to have committed a delinquent act<\/span> that would be a misdemeanor<\/span> if committed by an adult<\/span> and whether such act was committed intentionally or willfully by the juvenile is an element of the delinquent act<\/span> and (ii) such act was committed (a) during school hours, and during school-related or school-sponsored activities upon the property of a public or private elementary or secondary school or child day center; (b) on any school bus as defined in § 46.2-100<\/a>; or (c) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity, the juvenile shall be permitted to introduce into evidence<\/span> as relevant to whether he acted intentionally or willfully any document created prior to the commission of the alleged delinquent act<\/span> that relates to (a) an Individualized Education Program developed pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504 Plan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794; (c) a behavioral intervention plan as defined in 8VAC20-81-10; or (d) a functional behavioral assessment as defined in 8VAC20-81-10.\n\t\t\tAny such document shall be admitted as evidence<\/span> of the facts<\/span> stated therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At least 10 days prior to the commencement of the proceeding in which a document listed in subsection A will be offered as evidence<\/span>, the juvenile intending to offer the document shall notify the attorney for the Commonwealth, in writing, of the intent<\/span> to offer the document and shall provide or make available copies of the document to be introduced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Copies of documents listed in subsection A shall be received as evidence<\/span>, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit<\/span> signed by the custodian of such documents, or by the person to whom the custodian reports if they are different, stating that such documents are true and accurate copies of such documents shall be valid authentication for the purposes of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon motion<\/span> of the juvenile, any document admitted pursuant to this section shall be placed under seal by the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN EDUCATION RECORDS AS EVIDENCE (\u00a7 16.1-274.2)\n\nA. In any proceeding where (i) a juvenile is alleged to have committed a\ndelinquent act that would be a misdemeanor if committed by an adult and whether\nsuch act was committed intentionally or willfully by the juvenile is an element\nof the delinquent act and (ii) such act was committed (a) during school hours,\nand during school-related or school-sponsored activities upon the property of a\npublic or private elementary or secondary school or child day center; (b) on any\nschool bus as defined in § 46.2-100; or (c) upon any property, public or\nprivate, during hours when such property is solely being used by a public or\nprivate elementary or secondary school for a school-related or school-sponsored\nactivity, the juvenile shall be permitted to introduce into evidence as relevant\nto whether he acted intentionally or willfully any document created prior to the\ncommission of the alleged delinquent act that relates to (a) an Individualized\nEducation Program developed pursuant to the federal Individuals with\nDisabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504\nPlan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973,\n29 U.S.C. § 794; (c) a behavioral intervention plan as defined in\n8VAC20-81-10; or (d) a functional behavioral assessment as defined in\n8VAC20-81-10.\n\t\t\tAny such document shall be admitted as evidence of the facts stated therein.\n\nB. At least 10 days prior to the commencement of the proceeding in which a\ndocument listed in subsection A will be offered as evidence, the juvenile\nintending to offer the document shall notify the attorney for the Commonwealth,\nin writing, of the intent to offer the document and shall provide or make\navailable copies of the document to be introduced.\n\nC. Copies of documents listed in subsection A shall be received as evidence,\nprovided that such copies are authenticated to be true and accurate copies by\nthe custodian thereof, or by the person to whom the custodian reports if they\nare different. An affidavit signed by the custodian of such documents, or by the\nperson to whom the custodian reports if they are different, stating that such\ndocuments are true and accurate copies of such documents shall be valid\nauthentication for the purposes of this section.\n\nD. Upon motion of the juvenile, any document admitted pursuant to this section\nshall be placed under seal by the court.\n\nHISTORY: 2016, c. 726.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}