                                 CODE OF VIRGINIA

LIMITATIONS ON ACCESS TO RECORDS (§ 22.1-287)

A. No teacher, principal or employee of any public school nor any school board
member shall permit access to any records concerning any particular pupil
enrolled in the school in any class to any person except under judicial process
unless the person is one of the following:

   1. Either parent of such pupil or such pupil; provided that a school board may
   require that such pupil, if he be less than 18 years of age, as a condition
   precedent to access to such records, furnish written consent of his or her
   parent for such access;

   2. A person designated in writing by such pupil if the pupil is 18 years of
   age or older or by either parent of such pupil if the pupil is less than 18
   years of age;

   3. The principal, or someone designated by him, of a school where the pupil
   attends, has attended, or intends to enroll;

   4. The current teachers of such pupil;

   5. State or local law-enforcement or correctional personnel, including a
   law-enforcement officer, probation officer, parole officer or administrator,
   or a member of a parole board, seeking information in the course of his
   duties;

   6. The Superintendent of Public Instruction, a member of his staff, the
   division superintendent of schools where the pupil attends, has attended, or
   intends to enroll or a member of his staff;

   7. An officer or employee of a county or city agency responsible for
   protective services to children, as to a pupil referred to that agency as a
   minor requiring investigation or supervision by that agency.

B. A parent or pupil entitled to see the records pursuant to subdivision A 1
shall have access to all records relating to such pupil maintained by the school
except as otherwise provided by law and need only appear in person during
regular hours of the school day and request to see such records. No material
concerning such pupil shall be edited or withheld except as otherwise provided
by law, and the parent or pupil shall be entitled to read such material
personally.

C. The giving of information by school personnel concerning participation in
athletics and other school activities, the winning of scholastic or other honors
and awards, and other like information shall be governed by the provisions of
&#xA7; 22.1-287.1.

D. Notwithstanding the restrictions imposed by this section:

   1. A division superintendent of schools may, in his discretion, provide
   information to the staff of an institution of higher education or educational
   research and development organization or laboratory if such information is
   necessary to a research project or study conducted, sponsored, or approved by
   the institution of higher education or educational research and development
   organization or laboratory and if no pupil will be identified by name in the
   information provided for research;

   2. The name and address of a pupil, the record of a pupil&#8217;s daily
   attendance, a pupil&#8217;s scholastic record in the form of grades received
   in school subjects, the names of a pupil&#8217;s parents, a pupil&#8217;s date
   and place of birth, and the names and addresses of other schools a pupil has
   attended may be released to an officer or employee of the United States
   government seeking this information in the course of his duties when the pupil
   is a veteran of military service with the United States, an orphan or
   dependent of such veteran, or an alien;

   3. The record of a pupil&#8217;s daily attendance shall be open for inspection
   and reproduction to an employee of a local department of social services who
   needs the record to determine the eligibility of the pupil&#8217;s family for
   public assistance and social services;

   4. The principal or his designee may disclose identifying information from a
   pupil&#8217;s scholastic record for the purpose of furthering the ability of
   the juvenile justice system to effectively serve the pupil prior to
   adjudication. In addition to those agencies or personnel identified in
   subdivisions A 5 and 7, the principal or his designee may disclose identifying
   information from a pupil&#8217;s scholastic record to attorneys for the
   Commonwealth, court services units, juvenile detention centers or group homes,
   mental and medical health agencies, state and local children and family
   service agencies, and the Department of Juvenile Justice and to the staff of
   such agencies. Prior to disclosure of any such scholastic records, the persons
   to whom the records are to be disclosed shall certify in writing to the
   principal or his designee that the information will not be disclosed to any
   other party, except as provided under state law, without the prior written
   consent of the parent of the pupil or by such pupil if the pupil is 18 years
   of age or older.

HISTORY: Code 1950, § 22-275.26; 1975, c. 639; 1976, c. 682; 1980, c. 559;
1981, c. 535; 1996, c. 1000; 1997, c. 910; 2002, c. 747; 2007, cc. 48, 555;
2018, c. 806.