16103143D
HOUSE BILL NO. 1308
Offered January 21, 2016
A BILL to amend and reenact §22.1-79.3 of the Code of
Virginia, relating to local school board policies; students volunteering at
polling places.
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Patron-- Keam
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §22.1-79.3 of the Code of Virginia is amended and
reenacted as follows:
§22.1-79.3. Policies regarding certain activities.
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 provide students with
incentives, including the appropriate course credit, for serving as nonpartisan
volunteers at a polling place during any local,
state, or federal election.
C. 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'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. D. 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 §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. E. No
questionnaire or survey requesting that students provide sexual information
shall be administered to any student in kindergarten through grade six.
E. F. 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. G. 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. H. 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's parent, unless the division
superintendent or his designee makes a classroom placement determination
following the school principal'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's classroom teacher, determines that the requested classroom placement
is disruptive to the school or is harmful to the children's educational
progress, the school principal may request that the division superintendent or
his designee determine the children's classroom placement.
H. I. 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 (§59.1-479 et seq.) of Title 59.1.
I. J. 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.
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