{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.html"}],"law_id":80543,"edition_id":1,"section_id":80543,"structure_id":12851,"section_number":"22.1-289","catch_line":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","history":"Code 1950, \u00a7 22-275.28; 1975, c. 639; 1980, c. 559; 1985, c. 593; 1990, c. 797; 1991, c. 295; 1993, cc. 740, 889; 1994, cc. 808, 835, 913; 1996, c. 1000; 2000, c. 86; 2005, c. 343; 2006, c. 47; 2012, cc. 803, 835; 2024, cc. 8, 61, 468, 502.","full_text":"A\n\nAs used in this section:\n\t\t\t“Scholastic record” means those records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution. These include, but are not limited to, documentation pertinent to the educational growth and development of students as they progress through school, student disciplinary records, achievement and test data, cumulative health records, reports of assessments for eligibility for special education services, and Individualized Education Programs. Such records may be recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.\n\t\t\tA notice of adjudication or conviction received by a superintendent relating to an incident that did not occur on school property or during a school-sponsored activity shall not be a part of a student’s scholastic record.\n\t\t\t“Scholastic record” also does not include records of instructional, supervisory, administrative, and ancillary educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.B\n\nWhenever a pupil transfers from one school division to another, the scholastic record or a copy of the scholastic record and a copy of the complete student disciplinary record, including copies of any relevant correspondence sent to the pupil or such pupil’s parent and copies of any correspondence and documentation relating to such pupil’s placement in an alternative education program pursuant to § 22.1-209.1:2 or 22.1-277.2:1, shall be transferred to the school division to which the pupil transfers upon request from such school division. Permission of the parent, guardian, or other person having control or charge of the student shall not be required for transfer of such scholastic and disciplinary records to another school or school division within or outside the Commonwealth.C\n\nAny notice of disposition received pursuant to § 16.1-305.1 shall not be retained after the student has been awarded a diploma or a certificate as provided in § 22.1-253.13:4.D\n\nEvery student’s scholastic record shall be available to the student and his parent, guardian, or other person having control or charge of the student for inspection during the regular school day. Permission of the parent, guardian, or other person having control or charge of the student, or of a student who is 18 years of age or older, shall not be required for transfer of such scholastic record to another school or school division within or outside this Commonwealth.\n\t\t\tConsistent with federal law and regulation, each school shall annually notify parents of students currently enrolled and in attendance of their rights under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations.\n\t\t\tA school responding to a request for the transfer of the scholastic record from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent, guardian, or other person having control or charge of the student, or to a student who is 18 years of age or older, if the school has previously included in the annual notice required by this subsection a statement that it forwards such records to such requesting school divisions.E\n\nWhenever the division superintendent is notified by the Department of Juvenile Justice, pursuant to § 16.1-287, or by a school division employee responsible for education programs in a local jail or a detention center, that a pupil who last attended a school within the school division is a pupil in a school of a juvenile correctional center of the Department of Juvenile Justice, or a pupil in an educational program in a local jail or detention center, the school division superintendent or his designee shall transfer the scholastic record of such pupil to the designated juvenile correctional center or local jail or a detention center, as the case may be, within five work days. The Department of Juvenile Justice shall transfer the scholastic record of a student who has been discharged from a juvenile correctional center to the relevant school division within five work days of the student’s discharge.\n\t\t\tThe Board of Education shall adopt regulations concerning the transfer and management of scholastic records from one school division to another, to the learning centers of the Department of Juvenile Justice, and to educational programs in local jails and detention centers.\n\t\t\tUpon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the receiving school division, as such school divisions are defined in subsection D of § 22.1-3.4, shall expedite the transfer of the scholastic record of the student.F\n\nThe division superintendent or his designee shall notify the local police or sheriff’s department for investigation as a possible missing child of any enrolled pupil whose scholastic record he is unable to obtain within 60 days or sooner, if the division superintendent or his designee has reason to suspect that the pupil is a missing child.G\n\nSuperintendents and their designees shall be immune from any civil or criminal liability in connection with any notice to a police or sheriff’s department of a pupil lacking a scholastic record or failure to give such notice as required by this section.H\n\nExcept as provided in §§ 16.1-309 and 22.1-287 and this section, a superintendent or his designee, or other school personnel who unlawfully discloses information obtained pursuant to § 16.1-305.1 is guilty of a Class 3 misdemeanor.I\n\nAfter a child with a disability, as defined in § 22.1-213, graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school shall retain the special education records of such child for at least seven years. Each such school shall notify the parents of each such child of the opportunity to obtain such records during such retention period.","order_by":null,"text":{"0":{"id":288551,"text":"As used in this section:\n\t\t\t“Scholastic record” means those records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution. These include, but are not limited to, documentation pertinent to the educational growth and development of students as they progress through school, student disciplinary records, achievement and test data, cumulative health records, reports of assessments for eligibility for special education services, and Individualized Education Programs. Such records may be recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.\n\t\t\tA notice of adjudication or conviction received by a superintendent relating to an incident that did not occur on school property or during a school-sponsored activity shall not be a part of a student’s scholastic record.\n\t\t\t“Scholastic record” also does not include records of instructional, supervisory, administrative, and ancillary educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288552,"text":"Whenever a pupil transfers from one school division to another, the scholastic record or a copy of the scholastic record and a copy of the complete student disciplinary record, including copies of any relevant correspondence sent to the pupil or such pupil’s parent and copies of any correspondence and documentation relating to such pupil’s placement in an alternative education program pursuant to § 22.1-209.1:2 or 22.1-277.2:1, shall be transferred to the school division to which the pupil transfers upon request from such school division. Permission of the parent, guardian, or other person having control or charge of the student shall not be required for transfer of such scholastic and disciplinary records to another school or school division within or outside the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288553,"text":"Any notice of disposition received pursuant to § 16.1-305.1 shall not be retained after the student has been awarded a diploma or a certificate as provided in § 22.1-253.13:4.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288554,"text":"Every student’s scholastic record shall be available to the student and his parent, guardian, or other person having control or charge of the student for inspection during the regular school day. Permission of the parent, guardian, or other person having control or charge of the student, or of a student who is 18 years of age or older, shall not be required for transfer of such scholastic record to another school or school division within or outside this Commonwealth.\n\t\t\tConsistent with federal law and regulation, each school shall annually notify parents of students currently enrolled and in attendance of their rights under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations.\n\t\t\tA school responding to a request for the transfer of the scholastic record from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent, guardian, or other person having control or charge of the student, or to a student who is 18 years of age or older, if the school has previously included in the annual notice required by this subsection a statement that it forwards such records to such requesting school divisions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":288555,"text":"Whenever the division superintendent is notified by the Department of Juvenile Justice, pursuant to § 16.1-287, or by a school division employee responsible for education programs in a local jail or a detention center, that a pupil who last attended a school within the school division is a pupil in a school of a juvenile correctional center of the Department of Juvenile Justice, or a pupil in an educational program in a local jail or detention center, the school division superintendent or his designee shall transfer the scholastic record of such pupil to the designated juvenile correctional center or local jail or a detention center, as the case may be, within five work days. The Department of Juvenile Justice shall transfer the scholastic record of a student who has been discharged from a juvenile correctional center to the relevant school division within five work days of the student’s discharge.\n\t\t\tThe Board of Education shall adopt regulations concerning the transfer and management of scholastic records from one school division to another, to the learning centers of the Department of Juvenile Justice, and to educational programs in local jails and detention centers.\n\t\t\tUpon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the receiving school division, as such school divisions are defined in subsection D of § 22.1-3.4, shall expedite the transfer of the scholastic record of the student.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":288556,"text":"The division superintendent or his designee shall notify the local police or sheriff’s department for investigation as a possible missing child of any enrolled pupil whose scholastic record he is unable to obtain within 60 days or sooner, if the division superintendent or his designee has reason to suspect that the pupil is a missing child.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":288557,"text":"Superintendents and their designees shall be immune from any civil or criminal liability in connection with any notice to a police or sheriff’s department of a pupil lacking a scholastic record or failure to give such notice as required by this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":288558,"text":"Except as provided in §§ 16.1-309 and 22.1-287 and this section, a superintendent or his designee, or other school personnel who unlawfully discloses information obtained pursuant to § 16.1-305.1 is guilty of a Class 3 misdemeanor.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":288559,"text":"After a child with a disability, as defined in § 22.1-213, graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school shall retain the special education records of such child for at least seven years. Each such school shall notify the parents of each such child of the opportunity to obtain such records during such retention period.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12851,"edition_id":1,"name":"Pupil Records","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182551,"object_type":"structure","relational_id":12851,"identifier":"5","token":"22.1\/14\/5","url":"\/22.1\/14\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86899,"structure_id":12851,"section_number":"22.1-287","catch_line":"Limitations on access to records","url":"\/22.1-287\/","token":"22.1\/14\/5\/22.1-287","metadata":false},{"id":64521,"structure_id":12851,"section_number":"22.1-287.01","catch_line":"Student information; release to federal government agencies","url":"\/22.1-287.01\/","token":"22.1\/14\/5\/22.1-287.01","metadata":false},{"id":86812,"structure_id":12851,"section_number":"22.1-287.02","catch_line":"Students' personally identifiable information","url":"\/22.1-287.02\/","token":"22.1\/14\/5\/22.1-287.02","metadata":false},{"id":70818,"structure_id":12851,"section_number":"22.1-287.03","catch_line":"Unique student identification numbers","url":"\/22.1-287.03\/","token":"22.1\/14\/5\/22.1-287.03","metadata":false},{"id":57436,"structure_id":12851,"section_number":"22.1-287.04","catch_line":"Uniformed services-connected students","url":"\/22.1-287.04\/","token":"22.1\/14\/5\/22.1-287.04","metadata":false},{"id":65594,"structure_id":12851,"section_number":"22.1-287.05","catch_line":"Student identification cards; 988 Suicide and Crisis Lifeline; requirement","url":"\/22.1-287.05\/","token":"22.1\/14\/5\/22.1-287.05","metadata":false},{"id":87124,"structure_id":12851,"section_number":"22.1-287.1","catch_line":"Directory information","url":"\/22.1-287.1\/","token":"22.1\/14\/5\/22.1-287.1","metadata":false},{"id":66136,"structure_id":12851,"section_number":"22.1-288","catch_line":"Furnishing information to public or private school or institution of higher education or private business or professional school or institution of higher education or military force","url":"\/22.1-288\/","token":"22.1\/14\/5\/22.1-288","metadata":false},{"id":65641,"structure_id":12851,"section_number":"22.1-288.1","catch_line":"Notation in school records of missing children; local law-enforcement cooperation","url":"\/22.1-288.1\/","token":"22.1\/14\/5\/22.1-288.1","metadata":false},{"id":60447,"structure_id":12851,"section_number":"22.1-288.2","catch_line":"Receipt, dissemination and maintenance of records of certain law-enforcement information","url":"\/22.1-288.2\/","token":"22.1\/14\/5\/22.1-288.2","metadata":false},{"id":53992,"structure_id":12851,"section_number":"22.1-288.3","catch_line":"Records; redaction of foster parent's address upon written request","url":"\/22.1-288.3\/","token":"22.1\/14\/5\/22.1-288.3","metadata":false},{"id":80543,"structure_id":12851,"section_number":"22.1-289","catch_line":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","url":"\/22.1-289\/","token":"22.1\/14\/5\/22.1-289","metadata":false},{"id":80200,"structure_id":12851,"section_number":"22.1-289.01","catch_line":"School service providers; school-affiliated entities; school-issued devices; student personal information","url":"\/22.1-289.01\/","token":"22.1\/14\/5\/22.1-289.01","metadata":false}],"previous_section":{"id":53992,"structure_id":12851,"section_number":"22.1-288.3","catch_line":"Records; redaction of foster parent's address upon written request","url":"\/22.1-288.3\/","token":"22.1\/14\/5\/22.1-288.3","metadata":false},"next_section":{"id":80200,"structure_id":12851,"section_number":"22.1-289.01","catch_line":"School service providers; school-affiliated entities; school-issued devices; student personal information","url":"\/22.1-289.01\/","token":"22.1\/14\/5\/22.1-289.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1975, chapter 639; in 1980, chapter 559; in 1985, chapter 593; in 1990, chapter 797; in 1991, chapter 295; in 1993, chapters 740 and 889; in 1994, chapters 808<\/a>, 835<\/a>, and 913<\/a>; in 1996, chapter 1000<\/a>; in 2000, chapter 86<\/a>; in 2005, chapter 343<\/a>; in 2006, chapter 47<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2024, chapters 8<\/a>, 61<\/a>, 468<\/a>, and 502<\/a>.<\/p>","references":[{"id":78593,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","order_by":null,"url":"\/16.1-287\/"},{"id":62499,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","order_by":null,"url":"\/16.1-293\/"},{"id":69909,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","order_by":null,"url":"\/2.2-3705.4\/"},{"id":78246,"section_number":"22.1-274.2","catch_line":"Possession and administration of inhaled asthma medications, epinephrine, glucagon, and seizure rescue medications by certain students or school board employees","order_by":null,"url":"\/22.1-274.2\/"}],"refers_to":[{"id":78593,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","order_by":null,"url":"\/16.1-287\/"},{"id":61575,"section_number":"16.1-305.1","catch_line":"Disclosure of disposition in certain delinquency cases","order_by":null,"url":"\/16.1-305.1\/"},{"id":78870,"section_number":"16.1-309","catch_line":"Penalty","order_by":null,"url":"\/16.1-309\/"},{"id":70087,"section_number":"22.1-209.1:2","catch_line":"Regional alternative education programs for certain students","order_by":null,"url":"\/22.1-209.1_2\/"},{"id":86043,"section_number":"22.1-213","catch_line":"Definitions","order_by":null,"url":"\/22.1-213\/"},{"id":68197,"section_number":"22.1-277.2:1","catch_line":"Disciplinary authority of school boards under certain circumstances; alternative education program","order_by":null,"url":"\/22.1-277.2_1\/"},{"id":86899,"section_number":"22.1-287","catch_line":"Limitations on access to records","order_by":null,"url":"\/22.1-287\/"},{"id":59686,"section_number":"22.1-3.4","catch_line":"Enrollment of certain children placed in foster care","order_by":null,"url":"\/22.1-3.4\/"}],"permalink":{"id":182597,"object_type":"law","relational_id":80543,"identifier":"22.1-289","token":"22.1\/14\/5\/22.1-289","url":"\/22.1-289\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289\/","token":"22.1\/14\/5\/22.1-289","dublin_core":{"Title":"Transfer and management of scholastic records; disclosure of information in court notices; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Scholastic record<\/span>” means those records that are directly related to a student and are maintained by an educational agency or institution or by a party<\/span> acting for the agency or institution. These include, but are not limited to, documentation pertinent to the educational growth and development of students as they progress through school, student disciplinary records, achievement and test data, cumulative health records, reports of assessments for eligibility for special education services, and Individualized Education Programs. Such records may be recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.\n\t\t\tA notice of adjudication or conviction<\/span> received by a superintendent<\/span> relating to an incident that did not occur on school property or during a school-sponsored activity shall not be a part of a student’s scholastic record<\/span>.\n\t\t\t“Scholastic record<\/span>” also does not include records of instructional, supervisory, administrative, and ancillary educational personnel that are kept in the sole possession<\/span> of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever a pupil transfers from one school division to another, the scholastic record<\/span> or a copy of the scholastic record<\/span> and a copy of the complete student disciplinary record, including copies of any relevant correspondence sent to the pupil or such pupil’s parent<\/span> and copies of any correspondence and documentation relating to such pupil’s placement in an alternative education program pursuant to § 22.1-209.1:2<\/a> or 22.1-277.2:1<\/a>, shall be transferred to the school division to which the pupil transfers upon request from such school division. Permission of the parent<\/span>, guardian, or other person having control or charge of the student shall not be required for transfer of such scholastic and disciplinary records to another school or school division within or outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any notice of disposition<\/span> received pursuant to § 16.1-305.1<\/a> shall not be retained after the student has been awarded a diploma or a certificate as provided in § 22.1-253.13:4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Every student’s scholastic record<\/span> shall be available to the student and his parent<\/span>, guardian, or other person having control or charge of the student for inspection during the regular school day. Permission of the parent<\/span>, guardian, or other person having control or charge of the student, or of a student who is 18 years of age or older, shall not be required for transfer of such scholastic record<\/span> to another school or school division within or outside this Commonwealth.\n\t\t\tConsistent with federal law<\/span> and regulation, each school shall annually notify parents<\/span><\/span> of students currently enrolled and in attendance of their rights under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations.\n\t\t\tA school responding to a request for the transfer of the scholastic record<\/span> from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent<\/span>, guardian, or other person having control or charge of the student, or to a student who is 18 years of age or older, if the school has previously included in the annual notice required by this subsection a statement that it forwards such records to such requesting school divisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever the division superintendent<\/span> is notified by the Department<\/span> of Juvenile Justice, pursuant to § 16.1-287<\/a>, or by a school division employee responsible for education programs in a local jail or a detention center, that a pupil who last attended a school within the school division is a pupil in a school of a juvenile correctional center of the Department<\/span> of Juvenile Justice, or a pupil in an educational program in a local jail or detention center, the school division superintendent<\/span> or his designee shall transfer the scholastic record<\/span> of such pupil to the designated juvenile correctional center or local jail or a detention center, as the case may be, within five work days. The Department<\/span> of Juvenile Justice shall transfer the scholastic record<\/span> of a student who has been discharged from a juvenile correctional center to the relevant school division within five work days of the student’s discharge.\n\t\t\tThe Board<\/span> of Education shall adopt regulations concerning the transfer and management of scholastic records<\/span> from one school division to another, to the learning centers of the Department<\/span> of Juvenile Justice, and to educational programs in local jails and detention centers.\n\t\t\tUpon receiving notice of a foster care placement of a student across jurisdictional lines, the sending school division and the receiving school division, as such school divisions are defined in subsection D of § 22.1-3.4<\/a>, shall expedite the transfer of the scholastic record<\/span> of the student. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The division superintendent<\/span> or his designee shall notify the local police or sheriff’s department<\/span> for investigation as a possible missing child of any enrolled pupil whose scholastic record<\/span> he is unable to obtain within 60 days or sooner, if the division superintendent<\/span> or his designee has reason to suspect that the pupil is a missing child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Superintendents<\/span> and their designees shall be immune from any civil or criminal liability in connection with any notice to a police or sheriff’s department<\/span> of a pupil lacking a scholastic record<\/span> or failure to give such notice as required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except as provided in §§ 16.1-309<\/a> and 22.1-287<\/a> and this section, a superintendent or his designee, or other school personnel who unlawfully discloses information obtained pursuant to § 16.1-305.1<\/a> is guilty of a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> After a child with a disability, as defined in § 22.1-213<\/a>, graduates from, ages out of, or otherwise leaves any public elementary<\/span> or secondary school in the Commonwealth, such school shall retain the special education records of such child for at least seven years. Each such school shall notify the parents<\/span><\/span> of each such child of the opportunity to obtain such records during such retention period. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER AND MANAGEMENT OF SCHOLASTIC RECORDS; DISCLOSURE OF INFORMATION IN\nCOURT NOTICES; PENALTY (\u00a7 22.1-289)\n\nA. As used in this section:\n\t\t\t“Scholastic record” means those records that are directly related\nto a student and are maintained by an educational agency or institution or by a\nparty acting for the agency or institution. These include, but are not limited\nto, documentation pertinent to the educational growth and development of\nstudents as they progress through school, student disciplinary records,\nachievement and test data, cumulative health records, reports of assessments for\neligibility for special education services, and Individualized Education\nPrograms. Such records may be recorded in any way, including, but not limited\nto, handwriting, print, computer media, video or audio tape, film, microfilm,\nand microfiche.\n\t\t\tA notice of adjudication or conviction received by a superintendent relating\nto an incident that did not occur on school property or during a\nschool-sponsored activity shall not be a part of a student’s scholastic\nrecord.\n\t\t\t“Scholastic record” also does not include records of\ninstructional, supervisory, administrative, and ancillary educational personnel\nthat are kept in the sole possession of the maker of the record and are not\naccessible or revealed to any other person except a temporary substitute for the\nmaker of the record.\n\nB. Whenever a pupil transfers from one school division to another, the\nscholastic record or a copy of the scholastic record and a copy of the complete\nstudent disciplinary record, including copies of any relevant correspondence\nsent to the pupil or such pupil’s parent and copies of any correspondence\nand documentation relating to such pupil’s placement in an alternative\neducation program pursuant to § 22.1-209.1:2 or 22.1-277.2:1, shall be\ntransferred to the school division to which the pupil transfers upon request\nfrom such school division. Permission of the parent, guardian, or other person\nhaving control or charge of the student shall not be required for transfer of\nsuch scholastic and disciplinary records to another school or school division\nwithin or outside the Commonwealth.\n\nC. Any notice of disposition received pursuant to § 16.1-305.1 shall not be\nretained after the student has been awarded a diploma or a certificate as\nprovided in § 22.1-253.13:4.\n\nD. Every student’s scholastic record shall be available to the student and\nhis parent, guardian, or other person having control or charge of the student\nfor inspection during the regular school day. Permission of the parent,\nguardian, or other person having control or charge of the student, or of a\nstudent who is 18 years of age or older, shall not be required for transfer of\nsuch scholastic record to another school or school division within or outside\nthis Commonwealth.\n\t\t\tConsistent with federal law and regulation, each school shall annually notify\nparents of students currently enrolled and in attendance of their rights under\nthe federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)\nand related regulations.\n\t\t\tA school responding to a request for the transfer of the scholastic record\nfrom another school division need not provide written notice of the transfer of\nthe record, including the identity of the requester, to the parent, guardian, or\nother person having control or charge of the student, or to a student who is 18\nyears of age or older, if the school has previously included in the annual\nnotice required by this subsection a statement that it forwards such records to\nsuch requesting school divisions.\n\nE. Whenever the division superintendent is notified by the Department of\nJuvenile Justice, pursuant to § 16.1-287, or by a school division employee\nresponsible for education programs in a local jail or a detention center, that a\npupil who last attended a school within the school division is a pupil in a\nschool of a juvenile correctional center of the Department of Juvenile Justice,\nor a pupil in an educational program in a local jail or detention center, the\nschool division superintendent or his designee shall transfer the scholastic\nrecord of such pupil to the designated juvenile correctional center or local\njail or a detention center, as the case may be, within five work days. The\nDepartment of Juvenile Justice shall transfer the scholastic record of a student\nwho has been discharged from a juvenile correctional center to the relevant\nschool division within five work days of the student’s discharge.\n\t\t\tThe Board of Education shall adopt regulations concerning the transfer and\nmanagement of scholastic records from one school division to another, to the\nlearning centers of the Department of Juvenile Justice, and to educational\nprograms in local jails and detention centers.\n\t\t\tUpon receiving notice of a foster care placement of a student across\njurisdictional lines, the sending school division and the receiving school\ndivision, as such school divisions are defined in subsection D of §\n22.1-3.4, shall expedite the transfer of the scholastic record of the student.\n\nF. The division superintendent or his designee shall notify the local police or\nsheriff’s department for investigation as a possible missing child of any\nenrolled pupil whose scholastic record he is unable to obtain within 60 days or\nsooner, if the division superintendent or his designee has reason to suspect\nthat the pupil is a missing child.\n\nG. Superintendents and their designees shall be immune from any civil or\ncriminal liability in connection with any notice to a police or sheriff’s\ndepartment of a pupil lacking a scholastic record or failure to give such notice\nas required by this section.\n\nH. Except as provided in §§ 16.1-309 and 22.1-287 and this section, a\nsuperintendent or his designee, or other school personnel who unlawfully\ndiscloses information obtained pursuant to § 16.1-305.1 is guilty of a\nClass 3 misdemeanor.\n\nI. After a child with a disability, as defined in § 22.1-213, graduates\nfrom, ages out of, or otherwise leaves any public elementary or secondary school\nin the Commonwealth, such school shall retain the special education records of\nsuch child for at least seven years. Each such school shall notify the parents\nof each such child of the opportunity to obtain such records during such\nretention period.\n\nHISTORY: Code 1950, \u00a7 22-275.28; 1975, c. 639; 1980, c. 559; 1985, c. 593;\n1990, c. 797; 1991, c. 295; 1993, cc. 740, 889; 1994, cc. 808, 835, 913; 1996,\nc. 1000; 2000, c. 86; 2005, c. 343; 2006, c. 47; 2012, cc. 803, 835; 2024, cc.\n8, 61, 468, 502.","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}}