Chapter 150. Management of the Student's Scholastic Record in the Public Schools of Virginia
8VAC20-150-10. Definitions.
The terms used in this chapter, except as otherwise defined herein, shall be in accord with the definitions contained in the Family Educational Rights and Privacy Act, 20 USC § 1232g, 34 CFR 99; the Individuals with Disabilities Education Act, 20 USC §§ 1400-1485, 34 CFR 300; and § 22.1-289 of the Code of Virginia.
Statutory Authority
§§ 22.1-16 and 22.1-289 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0014 § 1, eff. October 1, 1989; amended, Virginia Register Volume 10, Issue 15, eff. April 7, 1994; Volume 11, Issue 22, eff. August 23, 1995.
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 §§ 2.2-3800 through 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 42.1-90.1 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.
Statutory Authority
§§ 22.1-16 and 22.1-289 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0014 § 2, eff. October 1, 1989; amended, Virginia Register Volume 10, Issue 15, eff. April 7, 1994; Volume 11, Issue 22, eff. August 23, 1995; Volume 31, Issue 22, eff. July 29, 2015.
8VAC20-150-30. Access.
A parent, guardian or other person having control or charge of a student shall be notified of his right to review, and to request an amendment of, the student's scholastic record in accordance with the procedures set forth in 34 CFR 99.
Statutory Authority
§§ 22.1-16 and 22.1-289 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0014 § 3, eff. October 1, 1989; amended, Virginia Register Volume 10, Issue 15, eff. April 7, 1994; Volume 11, Issue 22, eff. August 23, 1995.