COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 78
April 23, 1999

INFORMATIONAL

TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: Photographs for School Yearbooks
In response to concerns that have been expressed related 
to photographs for school yearbooks, a review of the 
attached opinions from the Office of the Attorney General 
may be timely.  Specifically, some students and their 
parents would prefer to use a photograph taken by a 
photographer other than the one with whom the school 
contracts for yearbook pictures.  Apparently, some 
schools have not allowed photographs other than those 
taken by the contracted photographer to be used, and 
others have charged an additional fee to use a photograph 
taken by another photographer.

I direct your attention to the following paragraph of the 
September 15, 1982 opinion of the Office of the Attorney 
General (at the bottom of the third page of Attachment 
A):

Your third question involves a student's use of 
his own personal photograph in the yearbook as 
opposed to one supplied by the commercial 
photographer under contract with the school.The 
first assumption is that the yearbook companies 
have certain specifications regarding size and 
quality of photographs and a timetable which must 
be met if the photograph is to be reproduced 
properly.  The second assumption is that the 
yearbook company and the photographer are separate
commercial entities.  With those assumptions stated,
I conclude that any photograph meeting the yearbook
company's standards tendered by or on behalf of a student 
should be accepted by the yearbook company regardless 
of its source.

I request that you review your division's yearbook 
policies in light of the attached Attorney General's 
opinion, and share this information, as may be necessary, 
with the appropriate principals and yearbook advisors.

Should you have any questions or need additional 
information, please contact Diane T. Atkinson, Assistant 
Superintendent for Policy and Public Affairs, at (804) 
225-2403.  If you have questions about the Virginia 
Public Procurement Act, please call Russell A. Pearce, 
III, Director of Materiels Management, at (804) 225-3375.

PDS/DTA/sc


Attachments:

 Attachment A:   1982-83 Report of the Attorney General, 
                 pages 411-413 (September 15,1982)
 Attachment B:   1985-86 Report of the Attorney General, 
                 pages 45-47 (May 14, 1986)
 Attachment C:   1984-85 Report of the Attorney General, 
                 pages 435-436 (March 21,1985)
 Attachment D:   1976-77 Report of the Attorney General, 
                 pages 232-233 (September 22,1976)

Attachments:   A hard copy of this memo and its attach-
               ment will be sent to the superintendent's
               office.