COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 92
May 30, 2003
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Jo Lynne
DeMary Superintendent
of Public Instruction |
|
SUBJECT: |
Use of
Social Security Numbers for School Enrollment |
The purpose of this memorandum is to notify school
divisions of a change in the requirement that parents provide school divisions
with a social security number for each student at the time of enrollment in
school. During the 2003 General
Assembly, House Bill 1716 was passed amending 22.1-260 of the Code of
Virginia. This section of the Code, as
amended, continues to require each student to present a federal social security
number within 90 days of his or her enrollment and to require the Board of
Education to promulgate guidelines for determining which students are eligible
to obtain social security numbers. The
following change was made, however, regarding students whose parents are unable
or unwilling to provide a social security number for them:
In any case in which a
student is ineligible, pursuant to these guidelines, to obtain a social
security number or the parent is unwilling to present such number, the
superintendent or his designee may assign another identifying number to the
student or waive this requirement.
The Board of Education provided school
divisions with the Guidelines for Administering the Requirement for Public
School Students to Obtain a Social Security Number on June 15, 1988, via
Supts. Memo No. 125 INFORMATIONAL (attached).
These guidelines permit a division superintendent to waive the social
security number requirement and assign a student an alternative number for
identification under certain circumstances including the following:
a student,
along with his parents, by reason of bona fide religious training or belief, is
conscientiously opposed to having a federal social security number;
the students
application for a social security number would require disclosure of his
illegal immigration status to a federal agency; and
the student is
a member of a non-immigrant family that is legally temporarily living in the
United States, such as families whose members are employed in embassies or in
other international organizations.
The 2003 amendment to 22.1-260 of the Code
now provides that the requirement may be waived or another identifying number
be assigned in instances where the student is ineligible to receive a social
security number or the parent is unwilling to present a social security number
for the student.
There are additional requirements that govern
the requests for social security numbers for students from parents. No child may be excluded from school for
failure to provide a social security number.
Section 7 of the Privacy Act (found at 5 U.S.C. 522a note) requires
that no person be denied a right, benefit or privilege provided by law because
of his refusal to disclose his social security number. This law also requires agencies that request
social security numbers to inform the individual whether disclosure is
mandatory or voluntary, by what statutory authority the number is requested,
and what uses will be made of the number.
Finally, section 2.2-3808 of the Code of Virginia makes it unlawful for
any agency to require an individual to disclose or furnish his or her social
security number not previously disclosed or furnished, for any purpose in
connection with any activity, or to refuse any service privilege or right to an
individual wholly or partly because the individual does not disclose or furnish
such number, unless the disclosure or furnishing of such number is specifically
required by state or federal law.
If you have questions, please contact Cynthia A.
Cave, director of policy, at (804) 371-0558 or at ccave@pen.k12.va.us.
JLD/MJP/cb
Attachment