8VAC20-150 Management of the Student's Scholastic Record in the Public Schools of Virginia

REGULATIONS

Vol. 31 Iss. 22 - June 29, 2015

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Chapter 150

Final Regulation

REGISTRAR'S NOTICE: The State Board of Education is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Education will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC20-150. Management of the Student's Scholastic Record in the Public Schools of Virginia (amending 8VAC20-150-20).

Statutory Authority: §§ 22.1-16 and 22.1-289 of the Code of Virginia.

Effective Date: July 29, 2015.

Agency Contact: John Eisenberg, Assistant Superintendent for Special Education and Student Services, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone [phone], or email [e-mail].

Summary:

The amendment adds § 22.1-287.01 of the Code of Virginia, enacted by Chapter 322 of the 2014 Acts of Assembly, to the list of state and federal laws and regulations that local education agencies must abide by in managing the scholastic records of students. Section 22.1-287.01 prohibits a member or employee of a local school board or the Department of Education from transmitting personally identifiable information from a student's record to a federal government agency or an authorized representative of such agency, except as required by federal law or regulation.

8VAC20-150-20. Management of scholastic record.

A. Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including the Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g, 34 CFR 99; the Individuals with Disabilities Education Act, 20 USC §§ 1400-1485, 34 CFR 300; and §§ 2.1-377 2.2-3800 through 2.1-386 2.2-3809, 16.1-260, 16.1-305.1, 16.1-305.2, 22.1-3.1, 22.1-270, 22.1-271.2, 22.1-287, 22.1-287.01, 22.1-287.1, 22.1-288, 22.1-288.2, 22.1-289, 32.1-36.1 and 42.1-76 through 42.1-91 42.1-90.1 of the Code of Virginia.

B. Every notice of adjudication or conviction received by a local superintendent, and information contained in the notice, which is not a disciplinary record, shall be maintained by him and by any others to whom he disseminates it, separately from all other records concerning the student. However, if the school administrators or the school board takes disciplinary action against the student based upon an incident which formed the basis for the adjudication or conviction, the notice shall become a part of the student's disciplinary record. As used herein, "disciplinary record" means a record which is directly related to a student and any disciplinary action taken against that student for violation of school rules or policies occurring on school property or at school-sponsored events.

VA.R. Doc. No. R15-4262; Filed June 9, 2015, 10:54 a.m.