{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-405.html"}],"law_id":56359,"edition_id":1,"section_id":56359,"structure_id":13517,"section_number":"23.1-405","catch_line":"Student records and personal information; social media","history":"2008, c. 571, \u00a7 23-2.1:3; 2012, cc. 347, 382; 2014, c. 748; 2016, cc. 588, 597; 2018, c. 806; 2019, c. 229.","full_text":"A\n\nAs used in this section:\n\t\t\t“Social media account” means a personal account with an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account” does not include an account (i) opened by a student at the request of a public or private institution of higher education or (ii) provided to a student by a public or private institution of higher education such as the student’s email account or other software program owned or operated exclusively by a public or private institution of higher education.B\n\nEach public institution of higher education and private institution of higher education may require any student who attends, or any applicant who has been accepted to and has committed to attend, such institution to provide, to the extent available, from the originating secondary school and, if applicable, any institution of higher education he has attended a complete student record, including any mental health records held by the previous school or institution. Such records shall be kept confidential as required by state and federal law, including the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)(FERPA).C\n\nStudent directory information, as defined by FERPA, and which may include a student’s name, sex, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, degrees and awards received, and other similar information, may be disclosed, provided that the institution has given notice to the student of (i) the types of information that the institution has designated as directory information, (ii) the right of the student to refuse the designation of any or all of the types of information about the student as directory information, and (iii) the period of time within which the student must notify the institution in writing that he does not want any or all of the types of information about the student designated as directory information. However, no institution shall disclose the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) unless the student has affirmatively consented in writing to such disclosure. Additionally, except as required by state or federal law, no institution shall disclose the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out of such disclosure in accordance with this subsection and institution policy or (b) the student has affirmatively consented in writing to such disclosure except as required by state or federal law. This subsection shall not apply to disclosures, other than disclosures pursuant to 34 C.F.R. § 99.31(a)(11), permitted under FERPA.D\n\nNo public institution of higher education shall sell students’ personal information, including names, addresses, phone numbers, and email addresses, to any person. This subsection shall not apply to transactions involving credit, debit, employment, finance, identity verification, risk assessment, fraud prevention, or other transactions initiated by the student.E\n\nNo public or private institution of higher education shall require a student to disclose the username or password to any of such student’s personal social media accounts. Nothing in this subsection shall prevent a campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 from performing his official duties.","order_by":null,"text":{"0":{"id":206386,"text":"As used in this section:\n\t\t\t“Social media account” means a personal account with an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account” does not include an account (i) opened by a student at the request of a public or private institution of higher education or (ii) provided to a student by a public or private institution of higher education such as the student’s email account or other software program owned or operated exclusively by a public or private institution of higher education.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206387,"text":"Each public institution of higher education and private institution of higher education may require any student who attends, or any applicant who has been accepted to and has committed to attend, such institution to provide, to the extent available, from the originating secondary school and, if applicable, any institution of higher education he has attended a complete student record, including any mental health records held by the previous school or institution. Such records shall be kept confidential as required by state and federal law, including the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)(FERPA).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206388,"text":"Student directory information, as defined by FERPA, and which may include a student’s name, sex, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, degrees and awards received, and other similar information, may be disclosed, provided that the institution has given notice to the student of (i) the types of information that the institution has designated as directory information, (ii) the right of the student to refuse the designation of any or all of the types of information about the student as directory information, and (iii) the period of time within which the student must notify the institution in writing that he does not want any or all of the types of information about the student designated as directory information. However, no institution shall disclose the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) unless the student has affirmatively consented in writing to such disclosure. Additionally, except as required by state or federal law, no institution shall disclose the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out of such disclosure in accordance with this subsection and institution policy or (b) the student has affirmatively consented in writing to such disclosure except as required by state or federal law. This subsection shall not apply to disclosures, other than disclosures pursuant to 34 C.F.R. § 99.31(a)(11), permitted under FERPA.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206389,"text":"No public institution of higher education shall sell students’ personal information, including names, addresses, phone numbers, and email addresses, to any person. This subsection shall not apply to transactions involving credit, debit, employment, finance, identity verification, risk assessment, fraud prevention, or other transactions initiated by the student.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206390,"text":"No public or private institution of higher education shall require a student to disclose the username or password to any of such student’s personal social media accounts. Nothing in this subsection shall prevent a campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 from performing his official duties.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13517,"edition_id":1,"name":"General Provisions","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":184849,"object_type":"structure","relational_id":13517,"identifier":"4","token":"23.1\/II\/4","url":"\/23.1\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75802,"structure_id":13517,"section_number":"23.1-400","catch_line":"Student organizations; rights and recognition","url":"\/23.1-400\/","token":"23.1\/II\/4\/23.1-400","metadata":false},{"id":84653,"structure_id":13517,"section_number":"23.1-401","catch_line":"Restrictions on student speech; limitations","url":"\/23.1-401\/","token":"23.1\/II\/4\/23.1-401","metadata":false},{"id":69336,"structure_id":13517,"section_number":"23.1-401.1","catch_line":"Constitutionally protected speech; policies, materials, and reports; report","url":"\/23.1-401.1\/","token":"23.1\/II\/4\/23.1-401.1","metadata":false},{"id":71352,"structure_id":13517,"section_number":"23.1-401.2","catch_line":"Student journalists; freedom of speech and the press","url":"\/23.1-401.2\/","token":"23.1\/II\/4\/23.1-401.2","metadata":false},{"id":66169,"structure_id":13517,"section_number":"23.1-401.3","catch_line":"Individuals with disabilities; documentation or evidence; accommodations","url":"\/23.1-401.3\/","token":"23.1\/II\/4\/23.1-401.3","metadata":false},{"id":69219,"structure_id":13517,"section_number":"23.1-402","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","url":"\/23.1-402\/","token":"23.1\/II\/4\/23.1-402","metadata":false},{"id":57736,"structure_id":13517,"section_number":"23.1-403","catch_line":"Access to campus and student directory provided to certain persons and groups","url":"\/23.1-403\/","token":"23.1\/II\/4\/23.1-403","metadata":false},{"id":60490,"structure_id":13517,"section_number":"23.1-404","catch_line":"Retention of student birth certificates authorized","url":"\/23.1-404\/","token":"23.1\/II\/4\/23.1-404","metadata":false},{"id":56359,"structure_id":13517,"section_number":"23.1-405","catch_line":"Student records and personal information; social media","url":"\/23.1-405\/","token":"23.1\/II\/4\/23.1-405","metadata":false},{"id":62622,"structure_id":13517,"section_number":"23.1-406","catch_line":"Reporting of certain students issued student visas","url":"\/23.1-406\/","token":"23.1\/II\/4\/23.1-406","metadata":false},{"id":55665,"structure_id":13517,"section_number":"23.1-407","catch_line":"Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry","url":"\/23.1-407\/","token":"23.1\/II\/4\/23.1-407","metadata":false},{"id":82805,"structure_id":13517,"section_number":"23.1-407.1","catch_line":"Admissions applications; criminal history","url":"\/23.1-407.1\/","token":"23.1\/II\/4\/23.1-407.1","metadata":false},{"id":74443,"structure_id":13517,"section_number":"23.1-407.2","catch_line":"Admissions applications; legacy admissions and admissions based on donor status prohibited","url":"\/23.1-407.2\/","token":"23.1\/II\/4\/23.1-407.2","metadata":false},{"id":65273,"structure_id":13517,"section_number":"23.1-408","catch_line":"Annual reporting of the use of student fees","url":"\/23.1-408\/","token":"23.1\/II\/4\/23.1-408","metadata":false},{"id":54486,"structure_id":13517,"section_number":"23.1-408.1","catch_line":"Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness","url":"\/23.1-408.1\/","token":"23.1\/II\/4\/23.1-408.1","metadata":false},{"id":55898,"structure_id":13517,"section_number":"23.1-409","catch_line":"Transparency in higher education information","url":"\/23.1-409\/","token":"23.1\/II\/4\/23.1-409","metadata":false},{"id":76701,"structure_id":13517,"section_number":"23.1-409.1","catch_line":"Supplemental Nutrition Assistance Program; notice to students","url":"\/23.1-409.1\/","token":"23.1\/II\/4\/23.1-409.1","metadata":false},{"id":58850,"structure_id":13517,"section_number":"23.1-409.2","catch_line":"Hunger-Free Campus Food Pantry Grant Program","url":"\/23.1-409.2\/","token":"23.1\/II\/4\/23.1-409.2","metadata":false},{"id":66663,"structure_id":13517,"section_number":"23.1-410","catch_line":"Student loan vendors","url":"\/23.1-410\/","token":"23.1\/II\/4\/23.1-410","metadata":false},{"id":66199,"structure_id":13517,"section_number":"23.1-411","catch_line":"Federal student loan information","url":"\/23.1-411\/","token":"23.1\/II\/4\/23.1-411","metadata":false},{"id":58086,"structure_id":13517,"section_number":"23.1-412","catch_line":"Non-academic student codes of conduct","url":"\/23.1-412\/","token":"23.1\/II\/4\/23.1-412","metadata":false}],"previous_section":{"id":60490,"structure_id":13517,"section_number":"23.1-404","catch_line":"Retention of student birth certificates authorized","url":"\/23.1-404\/","token":"23.1\/II\/4\/23.1-404","metadata":false},"next_section":{"id":62622,"structure_id":13517,"section_number":"23.1-406","catch_line":"Reporting of certain students issued student visas","url":"\/23.1-406\/","token":"23.1\/II\/4\/23.1-406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-405\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 571<\/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 5 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 2012, chapters 347<\/a> and 382<\/a>; in 2014, chapter 748<\/a>; in 2016, chapters 588<\/a> and 597<\/a>; in 2018, chapter 806<\/a>; in 2019, chapter 229<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"}],"permalink":{"id":184883,"object_type":"law","relational_id":56359,"identifier":"23.1-405","token":"23.1\/II\/4\/23.1-405","url":"\/23.1-405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-405\/","token":"23.1\/II\/4\/23.1-405","dublin_core":{"Title":"Student records and personal information; social media","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Social media account<\/span>” means a personal account with an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account<\/span>” does not include an account (i) opened by a student at the request of a public or private institution of higher education<\/span> or (ii) provided to a student by a public or private institution of higher education<\/span> such as the student’s email account or other software program owned or operated exclusively by a public or private institution of higher education<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each public institution of higher education<\/span> and private institution of higher education<\/span> may require any student who attends, or any applicant who has been accepted to and has committed to attend, such institution to provide, to the extent available, from the originating secondary school and, if applicable, any institution of higher education he has attended a complete student record, including any mental health records held by the previous school or institution. Such records shall be kept confidential as required by state and federal law<\/span>, including the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)(FERPA). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Student directory information, as defined by FERPA, and which may include a student’s name, sex, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, degrees and awards received, and other similar information, may be disclosed, provided that the institution has given notice to the student of (i) the types of information that the institution has designated as directory information, (ii) the right of the student to refuse the designation of any or all of the types of information about the student as directory information, and (iii) the period of time within which the student must notify the institution in writing that he does not want any or all of the types of information about the student designated as directory information. However, no institution shall disclose the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) unless the student has affirmatively consented in writing to such disclosure. Additionally, except as required by state or federal law<\/span>, no institution shall disclose the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out of such disclosure in accordance with this subsection and institution policy or (b) the student has affirmatively consented in writing to such disclosure except as required by state or federal law<\/span>. This subsection shall not apply to disclosures, other than disclosures pursuant to 34 C.F.R. § 99.31(a)(11), permitted under FERPA. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No public institution of higher education<\/span> shall sell students’ personal information, including names, addresses, phone numbers, and email addresses, to any person. This subsection shall not apply to transactions involving credit, debit, employment, finance, identity verification, risk assessment, fraud<\/span> prevention, or other transactions initiated by the student. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No public or private institution of higher education<\/span> shall require a student to disclose the username or password to any of such student’s personal social media accounts<\/span>. Nothing in this subsection shall prevent a campus police officer appointed under Article 3 (§ 23.1-809<\/a> et seq.) of Chapter 8 from performing his official duties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTUDENT RECORDS AND PERSONAL INFORMATION; SOCIAL MEDIA (\u00a7 23.1-405)\n\nA. As used in this section:\n\t\t\t“Social media account” means a personal account with an\nelectronic medium or service through which users may create, share, or view\nuser-generated content, including, without limitation, videos, photographs,\nblogs, podcasts, messages, emails, or website profiles or locations.\n“Social media account” does not include an account (i) opened by a\nstudent at the request of a public or private institution of higher education or\n(ii) provided to a student by a public or private institution of higher\neducation such as the student’s email account or other software program\nowned or operated exclusively by a public or private institution of higher\neducation.\n\nB. Each public institution of higher education and private institution of higher\neducation may require any student who attends, or any applicant who has been\naccepted to and has committed to attend, such institution to provide, to the\nextent available, from the originating secondary school and, if applicable, any\ninstitution of higher education he has attended a complete student record,\nincluding any mental health records held by the previous school or institution.\nSuch records shall be kept confidential as required by state and federal law,\nincluding the federal Family Educational Rights and Privacy Act (20 U.S.C.\n§ 1232g)(FERPA).\n\nC. Student directory information, as defined by FERPA, and which may include a\nstudent’s name, sex, address, telephone listing, date and place of birth,\nmajor field of study, participation in officially recognized activities and\nsports, weight and height as a member of an athletic team, dates of attendance,\ndegrees and awards received, and other similar information, may be disclosed,\nprovided that the institution has given notice to the student of (i) the types\nof information that the institution has designated as directory information,\n(ii) the right of the student to refuse the designation of any or all of the\ntypes of information about the student as directory information, and (iii) the\nperiod of time within which the student must notify the institution in writing\nthat he does not want any or all of the types of information about the student\ndesignated as directory information. However, no institution shall disclose the\naddress, telephone number, or email address of a student pursuant to the\nVirginia Freedom of Information Act (§ 2.2-3700 et seq.) unless the student\nhas affirmatively consented in writing to such disclosure. Additionally, except\nas required by state or federal law, no institution shall disclose the address,\ntelephone number, or email address of a student pursuant to 34 C.F.R. §\n99.31(a)(11) unless (a) the disclosure is to students enrolled in the\ninstitution for educational purposes or institution business and the student has\nnot opted out of such disclosure in accordance with this subsection and\ninstitution policy or (b) the student has affirmatively consented in writing to\nsuch disclosure except as required by state or federal law. This subsection\nshall not apply to disclosures, other than disclosures pursuant to 34 C.F.R.\n§ 99.31(a)(11), permitted under FERPA.\n\nD. No public institution of higher education shall sell students’ personal\ninformation, including names, addresses, phone numbers, and email addresses, to\nany person. This subsection shall not apply to transactions involving credit,\ndebit, employment, finance, identity verification, risk assessment, fraud\nprevention, or other transactions initiated by the student.\n\nE. No public or private institution of higher education shall require a student\nto disclose the username or password to any of such student’s personal\nsocial media accounts. Nothing in this subsection shall prevent a campus police\nofficer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 from\nperforming his official duties.\n\nHISTORY: 2008, c. 571, \u00a7 23-2.1:3; 2012, cc. 347, 382; 2014, c. 748; 2016, cc.\n588, 597; 2018, c. 806; 2019, c. 229.","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}}