HB 2426 — Public school pupils & parents; prohibits any school bd. from withholding postsecondary information.

SESSION INTRODUCEDENGROSSED 23104593D I HOUSE BILL NO.

2426 OfferedHouse JanuaryAmendments 18,in 2023[ N] - February 2, 2023 A BILL to amend and reenact § 22.1-287 of the Code of Virginia, relating to public school pupilTpupils and parents;

access to certain postseconda––––––––––tion.postsecondary information.

R–––––––––– Patrons––FreitasPatron andPrior LaRockto––––––––––nt––Delegate ––––––––––Freitas O Referred to Committee on Education D –––––––––– E Be it enacted by the General Assembly of Virginia:

UN 1.

C § 22.1-287.

accessG toA. 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:

DNo 1.teacher, principal or employee of any public school nor any school board member shall Rermit 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:

EitherO parentpupil, if he be less than 18 years of age, as a condition precedent to access to such pupilrecords, furnish written consent of his or her parent for such pupil;access;

providedS that2. 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.

E 3.

The principal, or someone designated by him, of a school where the pupil attends, has attended,attDnded, or int4.intends to enroll;

4.

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 info4mationinformation in the course of his duties;

6schools 6.where the pupil attends, has attended, or intends to enroll or a member of his staff;ndent of 7.

TheAn Superintendentofficer ofor Publicemployee Instruction,of a membercounty ofor hiscity staff,agency theresponsible divisionfor superintendentprotective ofservices schoolsto whereHhildren, theas to a pupil attends,referred hasto attended,that oragency intendsas toa enrollminor orrequiring ainvestigation memberor ofsupervision hisby staff;that agency.

7.B.

AnA officerparent or employeepupil ofentitled ato countysee orthe cityrecords agencypursuant responsibleto forsubdivision protectiveA services1 shall have acce4s to children,all asrecords relating to asuch pupil referredmaintained toby thatthe agencyschool except as aotherwise minorprovided requiringby investigationlaw orand6need supervisiononly byappear thatin agency.person during regular hours of the school day and request to see such records.

recordsNo relatingmaterial toconcerning such pupil maintainedshall bybe theedited schoolor withheld except as otherwise provided by lawlaw, and needthe all34 onlyparent appearor inpupil personshall duringbe regularentitled hours of the school day and request to seeread such records.material personally.

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.

The giving of information by school personnel concerning participation in athletics and other 36/ school37 activities,be governed by the winningprovisions of scholastic§ or22.1-287.1.r other honors and awards, and other like information shall / 3738 beD. governed by the provisions of § 22.1-287.1.

38 D.

institution39 of1. higher education or educational research and development organization or laboratory iff an 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;

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;

The name and address of a pupil, the record of a pupil's daily attendance, a pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents, a pupil's date andto placean ofofficer birth,or andemployee of the namesUnited andStates addressesgovernment ofseeking otherthis schoolsinformation ain pupilthe hascourse attendedof mayhis beduties releasedwhen tothe anpupil officeris ora employeeveteran of themilitary Unitedservice Stateswith governmentthe seekingUnited thisStates, informationan inorphan theor coursedependent of his such veteran, or an alien;

veteran of military service with the United States, an orphan or dependent of 3.

In addition to those agencies or personnel identified in subdivisions A 5 and 7, the principalattorneys orfor histhe designeeCommonwealth, maycourt discloseservices identifyingunits, informationjuvenile fromdetention acenters pupil'sor scholasticgroup recordhomes, tomental and medical health agencies, state and local children and family service agencies, and the Department of HB2426HB2426E 2 of 2 Juvenile Justice and to the staff of such agencies.

Notwithstanding any other provision of law to the contrary, no school board, public elementary or secondary school, including any joint or regional school, or employee or agent of such school board or school, including any division superintendent or school principal, shall withhold from any pupil or the pupil's parent any information that is transmitted [ solely ] to such school board, school, employee, or agent and that (i) relates to any recognition, award, or postsecondary scholarship eligibility earned by the student, including any such recognition, award, or eligibility earned as the result of the student's achievement on the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examination, or (ii) may affect the student's admission to an institution of higher education.