{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-79.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-79.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-79.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-79.3.html"}],"law_id":73078,"edition_id":1,"section_id":73078,"structure_id":13368,"section_number":"22.1-79.3","catch_line":"Policies regarding certain activities","history":"2000, c. 1063; 2001, cc. 688, 820; 2002, c. 160; 2003, c. 693; 2006, cc. 145, 857, 914; 2009, c. 195; 2011, cc. 261, 726; 2012, c. 546; 2015, c. 703.","full_text":"A\n\nLocal school boards shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.\n\t\t\tNothing in this subsection shall be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.B\n\nLocal school boards shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student’s participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.C\n\nIn any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to § 32.1-73.8, other information on controlled substance use, or any other information that the school board deems to be sensitive in nature is to be administered, the school board shall notify the parent concerning the administration of such questionnaire or survey in writing not less than 30 days prior to its administration. The notice shall inform the parent regarding the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings or results will be disclosed. In any case in which a questionnaire or survey is required by state law or is requested by a state agency, the relevant state agency shall provide the school board with all information required to be included in the notice to parents. The parent shall have the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent and exempt his child from participating in the questionnaire or survey. Unless required by federal or state law or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information.D\n\nNo questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.E\n\nLocal school boards shall develop and implement policies to advise the parent of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes Against Minors Registry and the location of the website. Local school boards shall also develop protocols governing the release of children to persons who are not their parent.F\n\nNo local school board providing access and opportunity to use school facilities or to distribute literature may deny equal access or fair opportunity to use such school facilities or to distribute literature, or otherwise discriminate against the Boy Scouts of America or the Girl Scouts of the USA.\n\t\t\tNothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board policies governing access to and use of school facilities and distribution of literature.G\n\nLocal school boards shall develop and implement policies to allow a parent of twins or higher order multiples in the same grade level to request that the children be placed in the same classroom or in separate classrooms if they are at the same elementary school. Such policies shall also provide that (i) schools may recommend classroom placement to the parent; (ii) schools must provide the placement requested by the children’s parent, unless the division superintendent or his designee makes a classroom placement determination following the school principal’s request in accordance with this subsection; (iii) a parent must request the classroom placement no later than three days after the first day of each school year or three days after the first day of attendance of the children during a school year; and (iv) at the end of the initial grading period, if the school principal, in consultation with the children’s classroom teacher, determines that the requested classroom placement is disruptive to the school or is harmful to the children’s educational progress, the school principal may request that the division superintendent or his designee determine the children’s classroom placement.H\n\nLocal school boards may adopt and implement policies pursuant to which electronic records and electronic signatures may be accepted from any parent, guardian, or other person having control or charge of a child enrolled in the relevant school division, provided such policies are consistent with the provisions of Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1.I\n\nLocal school boards may develop a single, standardized form to obtain parental consent for the release of student data. If developed by the local school board, such form shall be used by Community Policy and Management Teams and the Departments of Health, Social Services, Juvenile Justice, and Behavioral Health and Developmental Services.","order_by":null,"text":{"0":{"id":263147,"text":"Local school boards shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.\n\t\t\tNothing in this subsection shall be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263148,"text":"Local school boards shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student’s participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263149,"text":"In any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to § 32.1-73.8, other information on controlled substance use, or any other information that the school board deems to be sensitive in nature is to be administered, the school board shall notify the parent concerning the administration of such questionnaire or survey in writing not less than 30 days prior to its administration. The notice shall inform the parent regarding the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings or results will be disclosed. In any case in which a questionnaire or survey is required by state law or is requested by a state agency, the relevant state agency shall provide the school board with all information required to be included in the notice to parents. The parent shall have the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent and exempt his child from participating in the questionnaire or survey. Unless required by federal or state law or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":263150,"text":"No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":263151,"text":"Local school boards shall develop and implement policies to advise the parent of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes Against Minors Registry and the location of the website. Local school boards shall also develop protocols governing the release of children to persons who are not their parent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":263152,"text":"No local school board providing access and opportunity to use school facilities or to distribute literature may deny equal access or fair opportunity to use such school facilities or to distribute literature, or otherwise discriminate against the Boy Scouts of America or the Girl Scouts of the USA.\n\t\t\tNothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board policies governing access to and use of school facilities and distribution of literature.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":263153,"text":"Local school boards shall develop and implement policies to allow a parent of twins or higher order multiples in the same grade level to request that the children be placed in the same classroom or in separate classrooms if they are at the same elementary school. Such policies shall also provide that (i) schools may recommend classroom placement to the parent; (ii) schools must provide the placement requested by the children’s parent, unless the division superintendent or his designee makes a classroom placement determination following the school principal’s request in accordance with this subsection; (iii) a parent must request the classroom placement no later than three days after the first day of each school year or three days after the first day of attendance of the children during a school year; and (iv) at the end of the initial grading period, if the school principal, in consultation with the children’s classroom teacher, determines that the requested classroom placement is disruptive to the school or is harmful to the children’s educational progress, the school principal may request that the division superintendent or his designee determine the children’s classroom placement.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":263154,"text":"Local school boards may adopt and implement policies pursuant to which electronic records and electronic signatures may be accepted from any parent, guardian, or other person having control or charge of a child enrolled in the relevant school division, provided such policies are consistent with the provisions of Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":263155,"text":"Local school boards may develop a single, standardized form to obtain parental consent for the release of student data. If developed by the local school board, such form shall be used by Community Policy and Management Teams and the Departments of Health, Social Services, Juvenile Justice, and Behavioral Health and Developmental Services.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13368,"edition_id":1,"name":"General Powers and Duties of School Boards","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":184095,"object_type":"structure","relational_id":13368,"identifier":"7","token":"22.1\/7","url":"\/22.1\/7\/","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":56889,"structure_id":13368,"section_number":"22.1-71","catch_line":"School board constitutes body corporate; corporate powers","url":"\/22.1-71\/","token":"22.1\/7\/22.1-71","metadata":false},{"id":80856,"structure_id":13368,"section_number":"22.1-72","catch_line":"Annual organizational meetings of school boards","url":"\/22.1-72\/","token":"22.1\/7\/22.1-72","metadata":false},{"id":80333,"structure_id":13368,"section_number":"22.1-73","catch_line":"Quorum","url":"\/22.1-73\/","token":"22.1\/7\/22.1-73","metadata":false},{"id":78594,"structure_id":13368,"section_number":"22.1-74","catch_line":"Minutes of meetings","url":"\/22.1-74\/","token":"22.1\/7\/22.1-74","metadata":false},{"id":86210,"structure_id":13368,"section_number":"22.1-75","catch_line":"Procedure in case of tie vote","url":"\/22.1-75\/","token":"22.1\/7\/22.1-75","metadata":false},{"id":63104,"structure_id":13368,"section_number":"22.1-76","catch_line":"Chairman; clerk; vice-chairman; deputy clerk; terms; compensation and bonds of clerk and deputy clerk; officers ineligible to serve as clerk and deputy clerk; approval of division superintendent's designee","url":"\/22.1-76\/","token":"22.1\/7\/22.1-76","metadata":false},{"id":60823,"structure_id":13368,"section_number":"22.1-77","catch_line":"Duties of clerk","url":"\/22.1-77\/","token":"22.1\/7\/22.1-77","metadata":false},{"id":78612,"structure_id":13368,"section_number":"22.1-78","catch_line":"Bylaws and regulations","url":"\/22.1-78\/","token":"22.1\/7\/22.1-78","metadata":false},{"id":54343,"structure_id":13368,"section_number":"22.1-79","catch_line":"Powers and duties","url":"\/22.1-79\/","token":"22.1\/7\/22.1-79","metadata":false},{"id":66917,"structure_id":13368,"section_number":"22.1-79.1","catch_line":"Opening of the school year; approvals for certain alternative schedules","url":"\/22.1-79.1\/","token":"22.1\/7\/22.1-79.1","metadata":false},{"id":72475,"structure_id":13368,"section_number":"22.1-79.2","catch_line":"Uniforms in public schools; Board of Education guidelines","url":"\/22.1-79.2\/","token":"22.1\/7\/22.1-79.2","metadata":false},{"id":73078,"structure_id":13368,"section_number":"22.1-79.3","catch_line":"Policies regarding certain activities","url":"\/22.1-79.3\/","token":"22.1\/7\/22.1-79.3","metadata":false},{"id":60962,"structure_id":13368,"section_number":"22.1-79.3:1","catch_line":"Student cell phone and smart device possession and use policies; development and implementation","url":"\/22.1-79.3_1\/","token":"22.1\/7\/22.1-79.3_1","metadata":false},{"id":58943,"structure_id":13368,"section_number":"22.1-79.4","catch_line":"Threat assessment teams and oversight committees","url":"\/22.1-79.4\/","token":"22.1\/7\/22.1-79.4","metadata":false},{"id":81294,"structure_id":13368,"section_number":"22.1-79.5","catch_line":"Policy regarding retail tobacco products and hemp products intended for smoking","url":"\/22.1-79.5\/","token":"22.1\/7\/22.1-79.5","metadata":false},{"id":81218,"structure_id":13368,"section_number":"22.1-79.6","catch_line":"Employee lactation support policy","url":"\/22.1-79.6\/","token":"22.1\/7\/22.1-79.6","metadata":false},{"id":81408,"structure_id":13368,"section_number":"22.1-79.7","catch_line":"School meal policies; donations","url":"\/22.1-79.7\/","token":"22.1\/7\/22.1-79.7","metadata":false},{"id":63509,"structure_id":13368,"section_number":"22.1-79.7:1","catch_line":"School meals; availability to students","url":"\/22.1-79.7_1\/","token":"22.1\/7\/22.1-79.7_1","metadata":false},{"id":76207,"structure_id":13368,"section_number":"22.1-79.8","catch_line":"Policies regarding job assistance for certain persons","url":"\/22.1-79.8\/","token":"22.1\/7\/22.1-79.8","metadata":false},{"id":55052,"structure_id":13368,"section_number":"22.1-79.9","catch_line":"Promotion of broadband services for educational purposes","url":"\/22.1-79.9\/","token":"22.1\/7\/22.1-79.9","metadata":false},{"id":62073,"structure_id":13368,"section_number":"22.1-80","catch_line":"Development of park areas adjacent to public schools","url":"\/22.1-80\/","token":"22.1\/7\/22.1-80","metadata":false},{"id":66197,"structure_id":13368,"section_number":"22.1-81","catch_line":"Annual report","url":"\/22.1-81\/","token":"22.1\/7\/22.1-81","metadata":false},{"id":74871,"structure_id":13368,"section_number":"22.1-82","catch_line":"Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings","url":"\/22.1-82\/","token":"22.1\/7\/22.1-82","metadata":false},{"id":61321,"structure_id":13368,"section_number":"22.1-83","catch_line":"Payment of employee's legal fees and expenses","url":"\/22.1-83\/","token":"22.1\/7\/22.1-83","metadata":false},{"id":58731,"structure_id":13368,"section_number":"22.1-84","catch_line":"Insurance","url":"\/22.1-84\/","token":"22.1\/7\/22.1-84","metadata":false},{"id":86141,"structure_id":13368,"section_number":"22.1-85","catch_line":"Fund for payment of hospital, medical, etc., services provided officers, employees and dependents","url":"\/22.1-85\/","token":"22.1\/7\/22.1-85","metadata":false},{"id":67471,"structure_id":13368,"section_number":"22.1-86","catch_line":"Meetings of people of school division; local committees","url":"\/22.1-86\/","token":"22.1\/7\/22.1-86","metadata":false},{"id":84284,"structure_id":13368,"section_number":"22.1-86.1","catch_line":"Appointment of student representatives to local school boards","url":"\/22.1-86.1\/","token":"22.1\/7\/22.1-86.1","metadata":false},{"id":57040,"structure_id":13368,"section_number":"22.1-87","catch_line":"Judicial review","url":"\/22.1-87\/","token":"22.1\/7\/22.1-87","metadata":false}],"previous_section":{"id":72475,"structure_id":13368,"section_number":"22.1-79.2","catch_line":"Uniforms in public schools; Board of Education guidelines","url":"\/22.1-79.2\/","token":"22.1\/7\/22.1-79.2","metadata":false},"next_section":{"id":60962,"structure_id":13368,"section_number":"22.1-79.3:1","catch_line":"Student cell phone and smart device possession and use policies; development and implementation","url":"\/22.1-79.3_1\/","token":"22.1\/7\/22.1-79.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-79.3\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1063<\/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 8 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 2001, chapters 688<\/a> and 820<\/a>; in 2002, chapter 160<\/a>; in 2003, chapter 693<\/a>; in 2006, chapters 145<\/a>, 857<\/a>, and 914<\/a>; in 2009, chapter 195<\/a>; in 2011, chapters 261<\/a> and 726<\/a>; in 2012, chapter 546<\/a>; in 2015, chapter 703<\/a>.<\/p>","references":[{"id":70607,"section_number":"32.1-73.8","catch_line":"Youth health risk behavior survey","order_by":null,"url":"\/32.1-73.8\/"}],"refers_to":[{"id":70607,"section_number":"32.1-73.8","catch_line":"Youth health risk behavior survey","order_by":null,"url":"\/32.1-73.8\/"},{"id":60668,"section_number":"59.1-479","catch_line":"Title","order_by":null,"url":"\/59.1-479\/"}],"permalink":{"id":184141,"object_type":"law","relational_id":73078,"identifier":"22.1-79.3","token":"22.1\/7\/22.1-79.3","url":"\/22.1-79.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-79.3\/","token":"22.1\/7\/22.1-79.3","dublin_core":{"Title":"Policies regarding certain activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-79.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Local school boards<\/span> shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials<\/span> that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum<\/span> question, or (iii) advocate the passage or defeat of any matter pending before a local school board<\/span>, local governing body<\/span> or the General Assembly of Virginia or the Congress of the United States.\n\t\t\tNothing in this subsection shall be construed to prohibit the discussion or use of political or issue<\/span>-oriented materials<\/span> as part of classroom discussions or projects or to prohibit the delivery of informational materials<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Local school boards<\/span> shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student’s participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to § 32.1-73.8<\/a>, other information on controlled substance use, or any other information that the school board<\/span> deems to be sensitive in nature is to be administered, the school board<\/span> shall notify the parent<\/span> concerning the administration of such questionnaire or survey in writing not less than 30 days prior to its administration. The notice shall inform the parent<\/span> regarding the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings<\/span> or results will be disclosed. In any case in which a questionnaire or survey is required by state law<\/span> or is requested by a state agency, the relevant state agency shall provide the school board<\/span> with all information required to be included in the notice to parents<\/span><\/span>. The parent<\/span> shall have the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent<\/span> and exempt his child from participating in the questionnaire or survey. Unless required by federal or state law<\/span> or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Local school boards<\/span> shall develop and implement policies to advise the parent<\/span> of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry and the location of the website. Local school boards<\/span> shall also develop protocols governing the release of children to persons who are not their parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No local school board<\/span> providing access and opportunity to use school facilities or to distribute literature may deny equal access or fair opportunity to use such school facilities or to distribute literature, or otherwise discriminate against the Boy Scouts of America or the Girl Scouts of the USA.\n\t\t\tNothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board<\/span> policies governing access to and use of school facilities and distribution of literature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Local school boards<\/span> shall develop and implement policies to allow a parent<\/span> of twins or higher order<\/span> multiples in the same grade level to request that the children be placed in the same classroom or in separate classrooms if they are at the same elementary<\/span> school. Such policies shall also provide that (i) schools may recommend classroom placement to the parent<\/span>; (ii) schools must provide the placement requested by the children’s parent<\/span>, unless the division superintendent<\/span> or his designee makes a classroom placement determination following the school principal’s request in accordance with this subsection; (iii) a parent<\/span> must request the classroom placement no later than three days after the first day of each school year or three days after the first day of attendance of the children during a school year; and (iv) at the end of the initial grading period, if the school principal, in consultation with the children’s classroom teacher, determines that the requested classroom placement is disruptive to the school or is harmful to the children’s educational progress, the school principal may request that the division superintendent<\/span> or his designee determine the children’s classroom placement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Local school boards<\/span> may adopt and implement policies pursuant to which electronic records and electronic signatures may be accepted from any parent<\/span>, guardian, or other person having control or charge of a child enrolled in the relevant school division, provided such policies are consistent with the provisions of Chapter 42.1 (§ 59.1-479<\/a> et seq.) of Title 59.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Local school boards<\/span> may develop a single, standardized form to obtain parental consent for the release of student data. If developed by the local school board<\/span>, such form shall be used by Community Policy and Management Teams and the Departments<\/span> of Health, Social Services, Juvenile Justice, and Behavioral Health and Developmental Services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICIES REGARDING CERTAIN ACTIVITIES (\u00a7 22.1-79.3)\n\nA. Local school boards shall develop and implement policies to ensure that\npublic school students are not required to convey or deliver any materials that\n(i) advocate the election or defeat of any candidate for elective office, (ii)\nadvocate the passage or defeat of any referendum question, or (iii) advocate the\npassage or defeat of any matter pending before a local school board, local\ngoverning body or the General Assembly of Virginia or the Congress of the United\nStates.\n\t\t\tNothing in this subsection shall be construed to prohibit the discussion or\nuse of political or issue-oriented materials as part of classroom discussions or\nprojects or to prohibit the delivery of informational materials.\n\nB. Local school boards shall develop and implement policies to prohibit the\nadministration of questionnaires or surveys to public school students during the\nregular school day or at school-sponsored events without written, informed\nparental consent for the student’s participation when participation in\nsuch questionnaire or survey may subsequently result in the sale for commercial\npurposes of personal information regarding the individual student.\n\nC. In any case in which a questionnaire or survey requesting that students\nprovide sexual information, mental health information, medical information,\ninformation on student health risk behaviors pursuant to § 32.1-73.8, other\ninformation on controlled substance use, or any other information that the\nschool board deems to be sensitive in nature is to be administered, the school\nboard shall notify the parent concerning the administration of such\nquestionnaire or survey in writing not less than 30 days prior to its\nadministration. The notice shall inform the parent regarding the nature and\ntypes of questions included in the questionnaire or survey, the purposes and\nage-appropriateness of the questionnaire or survey, how information collected by\nthe questionnaire or survey will be used, who will have access to such\ninformation, the steps that will be taken to protect student privacy, and\nwhether and how any findings or results will be disclosed. In any case in which\na questionnaire or survey is required by state law or is requested by a state\nagency, the relevant state agency shall provide the school board with all\ninformation required to be included in the notice to parents. The parent shall\nhave the right to review the questionnaire or survey in a manner mutually agreed\nupon by the school and the parent and exempt his child from participating in the\nquestionnaire or survey. Unless required by federal or state law or regulation,\nschool personnel administering any such questionnaire or survey shall not\ndisclose personally identifiable information.\n\nD. No questionnaire or survey requesting that students provide sexual\ninformation shall be administered to any student in kindergarten through grade\nsix.\n\nE. Local school boards shall develop and implement policies to advise the parent\nof each student enrolled in the school division of the availability of\ninformation in the Sex Offender and Crimes Against Minors Registry and the\nlocation of the website. Local school boards shall also develop protocols\ngoverning the release of children to persons who are not their parent.\n\nF. No local school board providing access and opportunity to use school\nfacilities or to distribute literature may deny equal access or fair opportunity\nto use such school facilities or to distribute literature, or otherwise\ndiscriminate against the Boy Scouts of America or the Girl Scouts of the USA.\n\t\t\tNothing in this subsection shall be construed to require any school or school\ndivision to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or\nto exempt any such groups from school board policies governing access to and use\nof school facilities and distribution of literature.\n\nG. Local school boards shall develop and implement policies to allow a parent of\ntwins or higher order multiples in the same grade level to request that the\nchildren be placed in the same classroom or in separate classrooms if they are\nat the same elementary school. Such policies shall also provide that (i) schools\nmay recommend classroom placement to the parent; (ii) schools must provide the\nplacement requested by the children’s parent, unless the division\nsuperintendent or his designee makes a classroom placement determination\nfollowing the school principal’s request in accordance with this\nsubsection; (iii) a parent must request the classroom placement no later than\nthree days after the first day of each school year or three days after the first\nday of attendance of the children during a school year; and (iv) at the end of\nthe initial grading period, if the school principal, in consultation with the\nchildren’s classroom teacher, determines that the requested classroom\nplacement is disruptive to the school or is harmful to the children’s\neducational progress, the school principal may request that the division\nsuperintendent or his designee determine the children’s classroom\nplacement.\n\nH. Local school boards may adopt and implement policies pursuant to which\nelectronic records and electronic signatures may be accepted from any parent,\nguardian, or other person having control or charge of a child enrolled in the\nrelevant school division, provided such policies are consistent with the\nprovisions of Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1.\n\nI. Local school boards may develop a single, standardized form to obtain\nparental consent for the release of student data. If developed by the local\nschool board, such form shall be used by Community Policy and Management Teams\nand the Departments of Health, Social Services, Juvenile Justice, and Behavioral\nHealth and Developmental Services.\n\nHISTORY: 2000, c. 1063; 2001, cc. 688, 820; 2002, c. 160; 2003, c. 693; 2006,\ncc. 145, 857, 914; 2009, c. 195; 2011, cc. 261, 726; 2012, c. 546; 2015, c. 703.","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}}