                                 CODE OF VIRGINIA

POLICIES REGARDING CERTAIN ACTIVITIES (§ 22.1-79.3)

A. 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.
			Nothing 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. 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&#8217;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. 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 &#xA7; 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. No questionnaire or survey requesting that students provide sexual
information shall be administered to any student in kindergarten through grade
six.

E. 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.

F. 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.
			Nothing 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. 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&#8217;s parent, unless the division
superintendent or his designee makes a classroom placement determination
following the school principal&#8217;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&#8217;s classroom teacher, determines that the requested classroom
placement is disruptive to the school or is harmful to the children&#8217;s
educational progress, the school principal may request that the division
superintendent or his designee determine the children&#8217;s classroom
placement.

H. 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 (&#xA7; 59.1-479 et seq.) of Title 59.1.

I. 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.

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.