                                 CODE OF VIRGINIA

CERTAIN EDUCATION RECORDS AS EVIDENCE (§ 16.1-274.2)

A. In any proceeding where (i) a juvenile is alleged to have committed a
delinquent act that would be a misdemeanor if committed by an adult and whether
such act was committed intentionally or willfully by the juvenile is an element
of the delinquent act and (ii) such act was committed (a) during school hours,
and during school-related or school-sponsored activities upon the property of a
public or private elementary or secondary school or child day center; (b) on any
school bus as defined in &#xA7; 46.2-100; or (c) upon any property, public or
private, during hours when such property is solely being used by a public or
private elementary or secondary school for a school-related or school-sponsored
activity, the juvenile shall be permitted to introduce into evidence as relevant
to whether he acted intentionally or willfully any document created prior to the
commission of the alleged delinquent act that relates to (a) an Individualized
Education Program developed pursuant to the federal Individuals with
Disabilities Education Act, 20 U.S.C. &#xA7; 1400 et seq.; (b) a Section 504
Plan prepared pursuant to &#xA7; 504 of the federal Rehabilitation Act of 1973,
29 U.S.C. &#xA7; 794; (c) a behavioral intervention plan as defined in
8VAC20-81-10; or (d) a functional behavioral assessment as defined in
8VAC20-81-10.
			Any such document shall be admitted as evidence of the facts stated therein.

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

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

D. Upon motion of the juvenile, any document admitted pursuant to this section
shall be placed under seal by the court.

HISTORY: 2016, c. 726.