{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.4.html"}],"law_id":69909,"edition_id":1,"section_id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","history":"1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2006, c. 518; 2008, cc. 561, 665; 2010, cc. 456, 524; 2014, c. 313; 2016, cc. 554, 620, 716; 2017, c. 778; 2018, c. 756; 2019, cc. 638, 639; 2020, cc. 71, 78; 2023, cc. 756, 778; 2024, c. 217.","full_text":"A\n\nThe following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except as provided in subsection B or where such disclosure is otherwise prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.1\n\nScholastic records containing information concerning identifiable individuals, except that such access shall not be denied to the person who is the subject thereof, or the parent or legal guardian of the student. However, no student shall have access to (i) financial records of a parent or guardian or (ii) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto, that are in the sole possession of the maker thereof and that are not accessible or revealed to any other person except a substitute.\n\t\t\t\tThe parent or legal guardian of a student may prohibit, by written request, the release of any individual information regarding that student until the student reaches the age of 18 years. For scholastic records of students under the age of 18 years, the right of access may be asserted only by his legal guardian or parent, including a noncustodial parent, unless such parent’s parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For scholastic records of students who are emancipated or attending a public institution of higher education in the Commonwealth, the right of access may be asserted by the student.\n\t\t\t\tAny person who is the subject of any scholastic record and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, such records shall be disclosed.2\n\nConfidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting (i) admission to any educational agency or institution, (ii) an application for employment or promotion, or (iii) receipt of an honor or honorary recognition.3\n\nInformation held by the Brown v. Board of Education Scholarship Committee that would reveal personally identifiable information, including scholarship applications, personal financial information, and confidential correspondence and letters of recommendation.4\n\nInformation of a proprietary nature produced or collected by or for faculty or staff of public institutions of higher education, other than the institutions’ financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or a private concern, where such information has not been publicly released, published, copyrighted or patented.5\n\nInformation held by the University of Virginia, the University of Virginia Medical Center, Old Dominion University, or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, that contain proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would be harmful to the competitive position of the University of Virginia Medical Center or Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be.6\n\nPersonal information, as defined in § 2.2-3801, provided to the Board of the Commonwealth Savers Plan or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1, including personal information related to (i) qualified beneficiaries as that term is defined in § 23.1-700, (ii) designated survivors, or (iii) authorized individuals. Nothing in this subdivision shall be construed to prevent disclosure or publication of information in a statistical or other form that does not identify individuals or provide personal information. Individuals shall be provided access to their own personal information.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Authorized individual” means an individual who may be named by the account owner to receive information regarding the account but who does not have any control or authority over the account.\n\t\t\t\t“Designated survivor” means the person who will assume account ownership in the event of the account owner’s death.7\n\nInformation maintained in connection with fundraising activities by or for a public institution of higher education that would reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors. The exclusion provided by this subdivision shall not apply to protect from disclosure (a) information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor or (b) the identities of sponsors providing grants to or contracting with the institution for the performance of research services or other work or the terms and conditions of such grants or contracts. For purposes of clause (a), the identity of the donor may be withheld if (1) the donor has requested anonymity in connection with or as a condition of making a pledge or donation and (2) the pledge or donation does not impose terms or conditions directing academic decision-making.8\n\nInformation held by a threat assessment team established by a local school board pursuant to § 22.1-79.4 or by a public institution of higher education pursuant to § 23.1-805 relating to the assessment or intervention with a specific individual. However, in the event an individual who has been under assessment commits an act, or is prosecuted for the commission of an act that has caused the death of, or caused serious bodily injury, including any felony sexual assault, to another person, such information of the threat assessment team concerning the individual under assessment shall be made available as provided by this chapter, with the exception of any criminal history records obtained pursuant to § 19.2-389 or 19.2-389.1, health records obtained pursuant to § 32.1-127.1:03, or scholastic records as defined in § 22.1-289. The public body providing such information shall remove personally identifying information of any person who provided information to the threat assessment team under a promise of confidentiality.9\n\nRecords provided to the Governor or the designated reviewers by a qualified institution, as those terms are defined in § 23.1-1239, related to a proposed memorandum of understanding, or proposed amendments to a memorandum of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239 et seq.) of Title 23.1. A memorandum of understanding entered into pursuant to such chapter shall be subject to public disclosure after it is agreed to and signed by the Governor.B\n\nThe custodian of a scholastic record shall not release the address, phone number, or email address of a student in response to a request made under this chapter without written consent. For any student who is (i) 18 years of age or older, (ii) under the age of 18 and emancipated, or (iii) attending an institution of higher education, written consent of the student shall be required. For any other student, written consent of the parent or legal guardian of such student shall be required.","order_by":null,"text":{"0":{"id":252615,"text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except as provided in subsection B or where such disclosure is otherwise prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":252616,"text":"Scholastic records containing information concerning identifiable individuals, except that such access shall not be denied to the person who is the subject thereof, or the parent or legal guardian of the student. However, no student shall have access to (i) financial records of a parent or guardian or (ii) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto, that are in the sole possession of the maker thereof and that are not accessible or revealed to any other person except a substitute.\n\t\t\t\tThe parent or legal guardian of a student may prohibit, by written request, the release of any individual information regarding that student until the student reaches the age of 18 years. For scholastic records of students under the age of 18 years, the right of access may be asserted only by his legal guardian or parent, including a noncustodial parent, unless such parent’s parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For scholastic records of students who are emancipated or attending a public institution of higher education in the Commonwealth, the right of access may be asserted by the student.\n\t\t\t\tAny person who is the subject of any scholastic record and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, such records shall be disclosed.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":252617,"text":"Confidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting (i) admission to any educational agency or institution, (ii) an application for employment or promotion, or (iii) receipt of an honor or honorary recognition.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":252618,"text":"Information held by the Brown v. Board of Education Scholarship Committee that would reveal personally identifiable information, including scholarship applications, personal financial information, and confidential correspondence and letters of recommendation.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":252619,"text":"Information of a proprietary nature produced or collected by or for faculty or staff of public institutions of higher education, other than the institutions’ financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or a private concern, where such information has not been publicly released, published, copyrighted or patented.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":252620,"text":"Information held by the University of Virginia, the University of Virginia Medical Center, Old Dominion University, or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, that contain proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would be harmful to the competitive position of the University of Virginia Medical Center or Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":252621,"text":"Personal information, as defined in § 2.2-3801, provided to the Board of the Commonwealth Savers Plan or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1, including personal information related to (i) qualified beneficiaries as that term is defined in § 23.1-700, (ii) designated survivors, or (iii) authorized individuals. Nothing in this subdivision shall be construed to prevent disclosure or publication of information in a statistical or other form that does not identify individuals or provide personal information. Individuals shall be provided access to their own personal information.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Authorized individual” means an individual who may be named by the account owner to receive information regarding the account but who does not have any control or authority over the account.\n\t\t\t\t“Designated survivor” means the person who will assume account ownership in the event of the account owner’s death.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":252622,"text":"Information maintained in connection with fundraising activities by or for a public institution of higher education that would reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors. The exclusion provided by this subdivision shall not apply to protect from disclosure (a) information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor or (b) the identities of sponsors providing grants to or contracting with the institution for the performance of research services or other work or the terms and conditions of such grants or contracts. For purposes of clause (a), the identity of the donor may be withheld if (1) the donor has requested anonymity in connection with or as a condition of making a pledge or donation and (2) the pledge or donation does not impose terms or conditions directing academic decision-making.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":252623,"text":"Information held by a threat assessment team established by a local school board pursuant to § 22.1-79.4 or by a public institution of higher education pursuant to § 23.1-805 relating to the assessment or intervention with a specific individual. However, in the event an individual who has been under assessment commits an act, or is prosecuted for the commission of an act that has caused the death of, or caused serious bodily injury, including any felony sexual assault, to another person, such information of the threat assessment team concerning the individual under assessment shall be made available as provided by this chapter, with the exception of any criminal history records obtained pursuant to § 19.2-389 or 19.2-389.1, health records obtained pursuant to § 32.1-127.1:03, or scholastic records as defined in § 22.1-289. The public body providing such information shall remove personally identifying information of any person who provided information to the threat assessment team under a promise of confidentiality.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":252624,"text":"Records provided to the Governor or the designated reviewers by a qualified institution, as those terms are defined in § 23.1-1239, related to a proposed memorandum of understanding, or proposed amendments to a memorandum of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239 et seq.) of Title 23.1. A memorandum of understanding entered into pursuant to such chapter shall be subject to public disclosure after it is agreed to and signed by the Governor.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":252625,"text":"The custodian of a scholastic record shall not release the address, phone number, or email address of a student in response to a request made under this chapter without written consent. For any student who is (i) 18 years of age or older, (ii) under the age of 18 and emancipated, or (iii) attending an institution of higher education, written consent of the student shall be required. For any other student, written consent of the parent or legal guardian of such student shall be required.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; policy","url":"\/2.2-3700\/","token":"2.2\/II\/B\/37\/2.2-3700","metadata":false},{"id":62411,"structure_id":12976,"section_number":"2.2-3701","catch_line":"Definitions","url":"\/2.2-3701\/","token":"2.2\/II\/B\/37\/2.2-3701","metadata":false},{"id":84993,"structure_id":12976,"section_number":"2.2-3702","catch_line":"Notice of chapter","url":"\/2.2-3702\/","token":"2.2\/II\/B\/37\/2.2-3702","metadata":false},{"id":72501,"structure_id":12976,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","url":"\/2.2-3703\/","token":"2.2\/II\/B\/37\/2.2-3703","metadata":false},{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},{"id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; 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situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","metadata":false},"next_section":{"id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.4\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 485<\/a>, 518<\/a>, 703<\/a>, 726<\/a>, 793<\/a>, 849<\/a>, 852<\/a>, 867<\/a>, 868<\/a>, and 881<\/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. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapters 66<\/a>, 237<\/a>, 382<\/a>, 400<\/a>, 430<\/a>, 583<\/a>, 589<\/a>, 592<\/a>, 594<\/a>, 618<\/a>, 632<\/a>, 657<\/a>, 720<\/a>, 932<\/a>, 933<\/a>, 947<\/a>, 1006<\/a>, and 1064<\/a>; in 2001, chapters 288<\/a>, 518<\/a>, and 844<\/a>; in 2002, chapters 87<\/a>, 155<\/a>, 242<\/a>, 393<\/a>, 478<\/a>, 481<\/a>, 499<\/a>, 522<\/a>, 571<\/a>, 572<\/a>, 633<\/a>, 655<\/a>, 715<\/a>, 798<\/a>, and 830<\/a>; in 2003, chapters 274<\/a>, 307<\/a>, 327<\/a>, 332<\/a>, 358<\/a>, 704<\/a>, 801<\/a>, 884<\/a>, 891<\/a>, 893<\/a>, 897<\/a>, and 968<\/a>; in 2004, chapter 690<\/a>; in 2006, chapter 518<\/a>; in 2008, chapters 561<\/a> and 665<\/a>; in 2010, chapters 456<\/a> and 524<\/a>; in 2014, chapter 313<\/a>; in 2016, chapters 554<\/a>, 620<\/a>, and 716<\/a>; in 2017, chapter 778<\/a>; in 2018, chapter 756<\/a>; in 2019, chapters 638<\/a> and 639<\/a>; in 2020, chapters 71<\/a> and 78<\/a>; in 2023, chapters 756<\/a> and 778<\/a>; in 2024, chapter 217<\/a>.<\/p>","references":[{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":58445,"section_number":"2.2-3806","catch_line":"Rights of data subjects","order_by":null,"url":"\/2.2-3806\/"}],"refers_to":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":63594,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":54522,"section_number":"2.2-3801","catch_line":"Definitions","order_by":null,"url":"\/2.2-3801\/"},{"id":80543,"section_number":"22.1-289","catch_line":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","order_by":null,"url":"\/22.1-289\/"},{"id":58943,"section_number":"22.1-79.4","catch_line":"Threat assessment teams and oversight committees","order_by":null,"url":"\/22.1-79.4\/"},{"id":82449,"section_number":"23.1-1239","catch_line":"Definitions","order_by":null,"url":"\/23.1-1239\/"},{"id":66160,"section_number":"23.1-700","catch_line":"Definitions","order_by":null,"url":"\/23.1-700\/"},{"id":68118,"section_number":"23.1-805","catch_line":"Violence prevention committee; threat assessment team","order_by":null,"url":"\/23.1-805\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"permalink":{"id":176505,"object_type":"law","relational_id":69909,"identifier":"2.2-3705.4","token":"2.2\/II\/B\/37\/2.2-3705.4","url":"\/2.2-3705.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","dublin_core":{"Title":"Exclusions to application of chapter; educational records and certain records of educational institutions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except as provided in subsection B or where such disclosure is otherwise prohibited by law<\/span>. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Scholastic records<\/span> containing information concerning identifiable individuals, except that such access shall not be denied to the person who is the subject thereof, or the parent or legal guardian of the student. However, no student shall have access to (i) financial records of a parent or guardian or (ii) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto, that are in the sole possession<\/span> of the maker thereof and that are not accessible or revealed to any other person except a substitute.\n\t\t\t\tThe parent or legal guardian of a student may prohibit, by written request, the release of any individual information regarding that student until the student reaches the age of 18 years. For scholastic records<\/span> of students under the age of 18 years, the right of access may be asserted only by his legal guardian or parent, including a noncustodial parent, unless such parent’s parental rights have been terminated or a court<\/span> of competent jurisdiction<\/span> has restricted or denied such access. For scholastic records<\/span> of students who are emancipated or attending a public institution of higher education in the Commonwealth, the right of access may be asserted by the student.\n\t\t\t\tAny person who is the subject of any scholastic record and who is 18 years of age or older may waive<\/span>, in writing, the protections afforded by this subdivision. If the protections are so waived, such records shall be disclosed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Confidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting (i) admission to any educational agency or institution, (ii) an application for employment or promotion, or (iii) receipt of an honor or honorary recognition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information held by the Brown v. Board of Education Scholarship Committee that would reveal personally identifiable information, including scholarship applications, personal financial information, and confidential correspondence and letters of recommendation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information of a proprietary nature produced or collected by or for faculty or staff of public institutions of higher education, other than the institutions’ financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues<\/span>, whether sponsored by the institution alone or in conjunction with a governmental body or a private concern, where such information has not been publicly released, published, copyrighted or patented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information held by the University of Virginia, the University of Virginia Medical Center, Old Dominion University, or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, that contain proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would be harmful to the competitive position of the University of Virginia Medical Center or Eastern Virginia Health Sciences Center at Old Dominion University, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Personal information, as defined in § 2.2-3801<\/a>, provided to the Board of the Commonwealth Savers Plan or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts<\/span> or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700<\/a> et seq.) of Title 23.1, including personal information related to (i) qualified beneficiaries as that term is defined in § 23.1-700<\/a>, (ii) designated survivors<\/span>, or (iii) authorized individuals<\/span>. Nothing in this subdivision shall be construed to prevent disclosure or publication of information in a statistical or other form that does not identify individuals or provide personal information. Individuals shall be provided access to their own personal information.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Authorized individual<\/span>” means an individual who may be named by the account owner to receive information regarding the account but who does not have any control or authority over the account.\n\t\t\t\t“Designated survivor<\/span>” means the person who will assume account ownership in the event of the account owner’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Information maintained in connection with fundraising activities by or for a public institution of higher education that would reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective donors. The exclusion provided by this subdivision shall not apply to protect from disclosure (a) information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor or (b) the identities of sponsors providing grants to or contracting with the institution for the performance of research services or other work or the terms and conditions of such grants or contracts<\/span>. For purposes of clause (a), the identity of the donor may be withheld if (1) the donor has requested anonymity in connection with or as a condition of making a pledge or donation and (2) the pledge or donation does not impose terms or conditions directing academic decision-making. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Information held by a threat assessment team established by a local school board pursuant to § 22.1-79.4<\/a> or by a public institution of higher education pursuant to § 23.1-805<\/a> relating to the assessment or intervention with a specific individual. However, in the event an individual who has been under assessment commits an act, or is prosecuted for the commission of an act that has caused the death of, or caused serious bodily injury, including any felony<\/span> sexual assault<\/span>, to another person, such information of the threat assessment team concerning the individual under assessment shall be made available as provided by this chapter, with the exception of any criminal history records obtained pursuant to § 19.2-389<\/a> or 19.2-389.1<\/a>, health records obtained pursuant to § 32.1-127.1:03<\/a>, or scholastic records<\/span> as defined in § 22.1-289<\/a>. The public body<\/span> providing such information shall remove personally identifying information of any person who provided information to the threat assessment team under a promise of confidentiality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Records provided to the Governor or the designated reviewers by a qualified institution, as those terms are defined in § 23.1-1239<\/a>, related to a proposed memorandum<\/span> of understanding, or proposed amendments to a memorandum<\/span> of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239<\/a> et seq.) of Title 23.1. A memorandum<\/span> of understanding entered into pursuant to such chapter shall be subject to public disclosure after it is agreed to and signed by the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The custodian of a scholastic record shall not release the address, phone number, or email address of a student in response to a request made under this chapter without written consent. For any student who is (i) 18 years of age or older, (ii) under the age of 18 and emancipated, or (iii) attending an institution of higher education, written consent of the student shall be required. For any other student, written consent of the parent or legal guardian of such student shall be required. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSIONS TO APPLICATION OF CHAPTER; EDUCATIONAL RECORDS AND CERTAIN RECORDS OF\nEDUCATIONAL INSTITUTIONS (\u00a7 2.2-3705.4)\n\nA. The following information contained in a public record is excluded from the\nmandatory disclosure provisions of this chapter but may be disclosed by the\ncustodian in his discretion, except as provided in subsection B or where such\ndisclosure is otherwise prohibited by law. Redaction of information excluded\nunder this section from a public record shall be conducted in accordance with \u00a7\n2.2-3704.01.\n\n 1. Scholastic records containing information concerning identifiable\n individuals, except that such access shall not be denied to the person who is\n the subject thereof, or the parent or legal guardian of the student. However,\n no student shall have access to (i) financial records of a parent or guardian\n or (ii) records of instructional, supervisory, and administrative personnel\n and educational personnel ancillary thereto, that are in the sole possession\n of the maker thereof and that are not accessible or revealed to any other\n person except a substitute.\n \t\t\t\tThe parent or legal guardian of a student may prohibit, by written\n request, the release of any individual information regarding that student\n until the student reaches the age of 18 years. For scholastic records of\n students under the age of 18 years, the right of access may be asserted only\n by his legal guardian or parent, including a noncustodial parent, unless such\n parent’s parental rights have been terminated or a court of competent\n jurisdiction has restricted or denied such access. For scholastic records of\n students who are emancipated or attending a public institution of higher\n education in the Commonwealth, the right of access may be asserted by the\n student.\n \t\t\t\tAny person who is the subject of any scholastic record and who is 18 years\n of age or older may waive, in writing, the protections afforded by this\n subdivision. If the protections are so waived, such records shall be\n disclosed.\n\n 2. Confidential letters and statements of recommendation placed in the records\n of educational agencies or institutions respecting (i) admission to any\n educational agency or institution, (ii) an application for employment or\n promotion, or (iii) receipt of an honor or honorary recognition.\n\n 3. Information held by the Brown v. Board of Education Scholarship Committee\n that would reveal personally identifiable information, including scholarship\n applications, personal financial information, and confidential correspondence\n and letters of recommendation.\n\n 4. Information of a proprietary nature produced or collected by or for faculty\n or staff of public institutions of higher education, other than the\n institutions’ financial or administrative records, in the conduct of or\n as a result of study or research on medical, scientific, technical or\n scholarly issues, whether sponsored by the institution alone or in conjunction\n with a governmental body or a private concern, where such information has not\n been publicly released, published, copyrighted or patented.\n\n 5. Information held by the University of Virginia, the University of Virginia\n Medical Center, Old Dominion University, or the Eastern Virginia Health\n Sciences Center at Old Dominion University, as the case may be, that contain\n proprietary, business-related information pertaining to the operations of the\n University of Virginia Medical Center or the Eastern Virginia Health Sciences\n Center at Old Dominion University, as the case may be, including business\n development or marketing strategies and activities with existing or future\n joint venturers, partners, or other parties with whom the University of\n Virginia Medical Center or the Eastern Virginia Health Sciences Center at Old\n Dominion University, as the case may be, has formed, or forms, any arrangement\n for the delivery of health care, if disclosure of such information would be\n harmful to the competitive position of the University of Virginia Medical\n Center or Eastern Virginia Health Sciences Center at Old Dominion University,\n as the case may be.\n\n 6. Personal information, as defined in § 2.2-3801, provided to the Board\n of the Commonwealth Savers Plan or its employees by or on behalf of\n individuals who have requested information about, applied for, or entered into\n prepaid tuition contracts or savings trust account agreements pursuant to\n Chapter 7 (§ 23.1-700 et seq.) of Title 23.1, including personal\n information related to (i) qualified beneficiaries as that term is defined in\n § 23.1-700, (ii) designated survivors, or (iii) authorized individuals.\n Nothing in this subdivision shall be construed to prevent disclosure or\n publication of information in a statistical or other form that does not\n identify individuals or provide personal information. Individuals shall be\n provided access to their own personal information.\n \t\t\t\tFor purposes of this subdivision:\n \t\t\t\t“Authorized individual” means an individual who may be named\n by the account owner to receive information regarding the account but who does\n not have any control or authority over the account.\n \t\t\t\t“Designated survivor” means the person who will assume account\n ownership in the event of the account owner’s death.\n\n 7. Information maintained in connection with fundraising activities by or for\n a public institution of higher education that would reveal (i) personal\n fundraising strategies relating to identifiable donors or prospective donors\n or (ii) wealth assessments; estate, financial, or tax planning information;\n health-related information; employment, familial, or marital status\n information; electronic mail addresses, facsimile or telephone numbers; birth\n dates or social security numbers of identifiable donors or prospective donors.\n The exclusion provided by this subdivision shall not apply to protect from\n disclosure (a) information relating to the amount, date, purpose, and terms of\n the pledge or donation or the identity of the donor or (b) the identities of\n sponsors providing grants to or contracting with the institution for the\n performance of research services or other work or the terms and conditions of\n such grants or contracts. For purposes of clause (a), the identity of the\n donor may be withheld if (1) the donor has requested anonymity in connection\n with or as a condition of making a pledge or donation and (2) the pledge or\n donation does not impose terms or conditions directing academic\n decision-making.\n\n 8. Information held by a threat assessment team established by a local school\n board pursuant to § 22.1-79.4 or by a public institution of higher\n education pursuant to § 23.1-805 relating to the assessment or\n intervention with a specific individual. However, in the event an individual\n who has been under assessment commits an act, or is prosecuted for the\n commission of an act that has caused the death of, or caused serious bodily\n injury, including any felony sexual assault, to another person, such\n information of the threat assessment team concerning the individual under\n assessment shall be made available as provided by this chapter, with the\n exception of any criminal history records obtained pursuant to § 19.2-389\n or 19.2-389.1, health records obtained pursuant to § 32.1-127.1:03, or\n scholastic records as defined in § 22.1-289. The public body providing\n such information shall remove personally identifying information of any person\n who provided information to the threat assessment team under a promise of\n confidentiality.\n\n 9. Records provided to the Governor or the designated reviewers by a qualified\n institution, as those terms are defined in § 23.1-1239, related to a\n proposed memorandum of understanding, or proposed amendments to a memorandum\n of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239 et\n seq.) of Title 23.1. A memorandum of understanding entered into pursuant to\n such chapter shall be subject to public disclosure after it is agreed to and\n signed by the Governor.\n\nB. The custodian of a scholastic record shall not release the address, phone\nnumber, or email address of a student in response to a request made under this\nchapter without written consent. For any student who is (i) 18 years of age or\nolder, (ii) under the age of 18 and emancipated, or (iii) attending an\ninstitution of higher education, written consent of the student shall be\nrequired. For any other student, written consent of the parent or legal guardian\nof such student shall be required.\n\nHISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7\n2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,\n720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc.\n87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,\ncc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690;\n2006, c. 518; 2008, cc. 561, 665; 2010, cc. 456, 524; 2014, c. 313; 2016, cc.\n554, 620, 716; 2017, c. 778; 2018, c. 756; 2019, cc. 638, 639; 2020, cc. 71, 78;\n2023, cc. 756, 778; 2024, c. 217.","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}}