COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO. NO. 77
April 16, 1999

INFORMATIONAL

TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: Guidelines for the Management of the Student's Scholastic Record in Virginia Public Schools


In an effort to continue assisting school officials with 
the implementation of the Board of Education's 
regulation, adopted September 1, 1995, governing the 
management of student scholastic records, the Department 
of Education has revised the Guidelines for the 
Management of the Student's Scholastic Record in Virginia 
Public Schools.  These guidelines offer school divisions 
suggested practices to ensure protection of private 
information from unauthorized disclosure. The revised 
document includes the additional protections and 
responsibilities afforded to parents, students, and local 
educational agencies with regard to scholastic records. 

Enclosed is a copy of the guidelines and a summary of the 
most recent amendments to the Family Education Rights and 
Privacy Act (FERPA) and the Individuals with Disabilities 
Education Act (IDEA) regarding scholastic records.  
Additional copies are being mailed under separate cover.  

If you have questions regarding the management of the 
student's scholastic record, you may contact Sandra E. 
Ruffin at (804) 225-2768 or sruffin@pen.k12.va.us; or 
David Crossley at (804) 786-6765 or dcrossle@pen.k12.va.us.
For information about the Virginia Department of Education
and First Lady Roxane Gilmore's A Commonwealth of Knowledge,
Virginia's website for Educators, visit http://www.pen.k12.va.us. 

PDS/ser

Enclosures




                SUMMARY OF AMENDMENTS TO FERPA
                  Effective December 23, 1996

LEA Student Records Policy
Section 99.6: Removed the requirement that local school 
divisions have a written policy regarding student 
records.  Formerly, Section 99.6 prescribed a written 
policy and specified the components that must be in the 
policy.

Annual Notice
Section 99.7:  Requires that the annual notification of 
rights  include the procedure a parent or eligible 
student must follow to inspect and review a record or 
request an amendment of a record. If the school division 
has a policy of disclosing scholastic records without 
prior consent, the school division must specify in the 
notice the criteria for determining which parties are 
school officials and what the division considers to be 
legitimate educational interest. 

Parental/Student Right of Access
Section 99.10: Now specifically applies to SEAs as well 
as school divisions.  An SEA is subject to the 
regulations if it maintains education records on students 
who are or have been in attendance at any school of an 
educational agency or institution subject to the Act.

Section 99.10(d): If circumstances prevent the parent or 
eligible student from exercising the right to inspect and 
review the student's education record, the school 
division must provide a copy of the requested records or 
make other arrangements for the parent or eligible 
student to inspect and review the records.

Disclosure of Information without Prior Consent
Section 99.31(a)(5)(i): This section now speaks 
specifically to the disclosure of records concerning the 
juvenile justice system.

Section 99.31(a)(6)(iii): This section permits LEAs to 
deny access to student records to third parties who 
disclose records in violation of this section for at 
least five years.

Section 99.31(a)(9): This section specifies how school 
divisions must respond to judicial orders or subpoenas 
for student records. 

Recordkeeping Requirements for Requests and Disclosures
Section 99.32(d)(5):  Adds parties seeking or receiving 
records as directed by a Federal grand jury or other law 
enforcement 

             Summary of Amendments to FERPA

subpoena to the list of those who do not have to sign the 
access log or document the request if the court has 
ordered that the 
existence or contents of the subpoena or information 
furnished not be disclosed. 

Disclosure of Information to Other Educational Agencies 
Section 99.34:  States that school divisions do not have 
to notify the parent or eligible student of the 
disclosure of information to another school division 
where the student seeks or intends to enroll if the LEA 
has included in its annual notice a statement that they 
forward education records to such agencies and 
institutions. 

Disclosure in Health and Safety Emergencies
Section 99.36(b): Provides for the inclusion of 
information regarding disciplinary actions taken against 
a student that posed a significant risk to the safety or 
well being of the student, other students, or others in 
the school.  Provides for the disclosure of appropriate 
information to teachers and school officials with 
legitimate educational interests.

Disclosures Concerning the Juvenile Justice System
Section 99.38: This is a new section dealing with the 
disclosure of information concerning the juvenile justice 
system.


   SUMMARY OF AMENDMENTS TO IDEA REGARDING STUDENT RECORDS
                   Effective May 11, 1999

Referral to and Action by Law Enforcement & Judicial 
Authorities
34 CFR 300.529: A school reporting a crime committed by 
a child with a disability must ensure that copies of the 
special education and disciplinary records of the child 
are transmitted for consideration by the appropriate 
authorities to whom it reports the crime. (The final 
regulations clarify that a child's special education and 
disciplinary records may only be transmitted to the 
extent that such transmission is permitted under FERPA.)

Opportunity to Examine Records
34 CFR 300.501: The parents of a child with a disability 
must be afforded an opportunity to inspect and review all 
education records relating to that child.  This may 
include records traditionally not part of a student's 
scholastic record.