P.O. BOX 2120



November 14, 2003



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Transfer of School Disciplinary Records


Your attention is called to the No Child Left Behind Act, Section 4155 (b) Transfer of School Disciplinary Records that states:


Disciplinary Records In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later than 2 years after the date of enactment of this part, each State receiving Federal funds under this Act shall provide an assurance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school.


The Code of Virginia Section 22.1-289 addresses the transfer of scholastic records, which includes disciplinary records, to school divisions, but is silent with regard to private schools. Specifically, Section 22.1-289 states:


B. Whenever a pupil transfers from one school division to another, the scholastic record or a copy of the scholastic record shall be transferred to the school division to which the pupil transfers upon request from such school division. Permission of the parent, guardian, or other person having control or charge of the student shall not be required for transfer of such scholastic record to another school or school division within or outside the Commonwealth.


D. (Paragraph 3) A school responding to a request for the transfer of the scholastic record from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent, guardian, or other person having control or charge of the student, or to a student who is eighteen years of age or older, if the school has previously included in the annual notice required by this sub-section a statement that it forwards such records to such requesting school divisions.


For purposes of compliance with No Child Left Behind, the procedures described in Section 22.1-289, Code of Virginia are applicable to private schools.


Questions about this matter may be referred to Lissa Power-deFur, director, Office of Student Services at (804) 225-2818 or