                                 CODE OF VIRGINIA

EXCLUSIONS TO APPLICATION OF CHAPTER; EDUCATIONAL RECORDS AND CERTAIN RECORDS OF
EDUCATIONAL INSTITUTIONS (§ 2.2-3705.4)

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

   1. Scholastic records containing information concerning identifiable
   individuals, except that such access shall not be denied to the person who is
   the subject thereof, or the parent or legal guardian of the student. However,
   no student shall have access to (i) financial records of a parent or guardian
   or (ii) records of instructional, supervisory, and administrative personnel
   and educational personnel ancillary thereto, that are in the sole possession
   of the maker thereof and that are not accessible or revealed to any other
   person except a substitute.
   				The parent or legal guardian of a student may prohibit, by written
   request, the release of any individual information regarding that student
   until the student reaches the age of 18 years. For scholastic records of
   students under the age of 18 years, the right of access may be asserted only
   by his legal guardian or parent, including a noncustodial parent, unless such
   parent&#8217;s parental rights have been terminated or a court of competent
   jurisdiction has restricted or denied such access. For scholastic records of
   students who are emancipated or attending a public institution of higher
   education in the Commonwealth, the right of access may be asserted by the
   student.
   				Any person who is the subject of any scholastic record and who is 18 years
   of age or older may waive, in writing, the protections afforded by this
   subdivision. If the protections are so waived, such records shall be
   disclosed.

   2. Confidential letters and statements of recommendation placed in the records
   of educational agencies or institutions respecting (i) admission to any
   educational agency or institution, (ii) an application for employment or
   promotion, or (iii) receipt of an honor or honorary recognition.

   3. Information held by the Brown v. Board of Education Scholarship Committee
   that would reveal personally identifiable information, including scholarship
   applications, personal financial information, and confidential correspondence
   and letters of recommendation.

   4. Information of a proprietary nature produced or collected by or for faculty
   or staff of public institutions of higher education, other than the
   institutions&#8217; financial or administrative records, in the conduct of or
   as a result of study or research on medical, scientific, technical or
   scholarly issues, whether sponsored by the institution alone or in conjunction
   with a governmental body or a private concern, where such information has not
   been publicly released, published, copyrighted or patented.

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

   6. Personal information, as defined in &#xA7; 2.2-3801, provided to the Board
   of the Commonwealth Savers Plan or its employees by or on behalf of
   individuals who have requested information about, applied for, or entered into
   prepaid tuition contracts or savings trust account agreements pursuant to
   Chapter 7 (&#xA7; 23.1-700 et seq.) of Title 23.1, including personal
   information related to (i) qualified beneficiaries as that term is defined in
   &#xA7; 23.1-700, (ii) designated survivors, or (iii) authorized individuals.
   Nothing in this subdivision shall be construed to prevent disclosure or
   publication of information in a statistical or other form that does not
   identify individuals or provide personal information. Individuals shall be
   provided access to their own personal information.
   				For purposes of this subdivision:
   				&#8220;Authorized individual&#8221; means an individual who may be named
   by the account owner to receive information regarding the account but who does
   not have any control or authority over the account.
   				&#8220;Designated survivor&#8221; means the person who will assume account
   ownership in the event of the account owner&#8217;s death.

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

   8. Information held by a threat assessment team established by a local school
   board pursuant to &#xA7; 22.1-79.4 or by a public institution of higher
   education pursuant to &#xA7; 23.1-805 relating to the assessment or
   intervention with a specific individual. However, in the event an individual
   who has been under assessment commits an act, or is prosecuted for the
   commission of an act that has caused the death of, or caused serious bodily
   injury, including any felony sexual assault, to another person, such
   information of the threat assessment team concerning the individual under
   assessment shall be made available as provided by this chapter, with the
   exception of any criminal history records obtained pursuant to &#xA7; 19.2-389
   or 19.2-389.1, health records obtained pursuant to &#xA7; 32.1-127.1:03, or
   scholastic records as defined in &#xA7; 22.1-289. The public body providing
   such information shall remove personally identifying information of any person
   who provided information to the threat assessment team under a promise of
   confidentiality.

   9. Records provided to the Governor or the designated reviewers by a qualified
   institution, as those terms are defined in &#xA7; 23.1-1239, related to a
   proposed memorandum of understanding, or proposed amendments to a memorandum
   of understanding, submitted pursuant to Chapter 12.1 (&#xA7; 23.1-1239 et
   seq.) of Title 23.1. A memorandum of understanding entered into pursuant to
   such chapter shall be subject to public disclosure after it is agreed to and
   signed by the Governor.

B. The custodian of a scholastic record shall not release the address, phone
number, or email address of a student in response to a request made under this
chapter without written consent. For any student who is (i) 18 years of age or
older, (ii) under the age of 18 and emancipated, or (iii) attending an
institution of higher education, written consent of the student shall be
required. For any other student, written consent of the parent or legal guardian
of such student shall be required.

HISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, §
2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,
720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc.
87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,
cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690;
2006, c. 518; 2008, cc. 561, 665; 2010, cc. 456, 524; 2014, c. 313; 2016, cc.
554, 620, 716; 2017, c. 778; 2018, c. 756; 2019, cc. 638, 639; 2020, cc. 71, 78;
2023, cc. 756, 778; 2024, c. 217.