DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 145
June 20, 2008
INFORMATIONAL
|
TO: |
Division Superintendents |
|
FROM: |
Billy K. Cannaday, Jr. Superintendent of Public Instruction |
|
SUBJECT: |
Amendments to the Code of |
The 2008
Virginia General Assembly approved House Bill 768 to amend and reenact Sections 2.2-3705.3
and 2.2-3711
of the Code of Virginia regarding the
Freedom of Information Act (FOIA) and an active investigation by or for the
Board of Education related to the denial, suspension, or revocation of licenses.
You may review House Bill 768 on the following website: http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb768.
These amendments
to the Code of Virginia that become effective July 1, 2008, are
highlighted in italics below:
Section 2.2-3705.3. Exclusions to application of
chapter; records relating to administrative investigations
The following records are excluded from the
provisions of this chapter but may be disclosed by the custodian in his
discretion, except where such disclosure is prohibited by law:
...Investigator
notes, and other correspondence and information, furnished in confidence with
respect to an active investigation conducted by or for the Board of Education
related to the denial, suspension, or revocation of teacher licenses. However,
this subdivision shall not prohibit the disclosure of records to a local school
board or division superintendent for the purpose of permitting such board or
superintendent to consider or to take personnel action with regard to an
employee. Records of completed investigations shall be disclosed in a
form that does not reveal the identity of any complainant or person supplying
information to investigators. The records disclosed shall include
information regarding the school or facility involved, the identity of the
person who was the subject of the complaint, the nature of the complaint, and
the actions taken to resolve the complaint. If an investigation fails to
support a complaint or does not lead to corrective action, the identity of the
person who was the subject of the complaint may be released only with the
consent of the subject person. No personally identifiable information in
the records regarding a current or former student shall be released except as
permitted by state or federal law.
Section 2.2-3711. Closed meetings authorized for
certain limited purposes
Public bodies may hold closed meetings only for the
following purposes:
...Discussion
or consideration by the Board of Education of records relating to the denial,
suspension, or revocation of teacher licenses excluded from this chapter
pursuant to subdivision 13 of 2.2-3705.3.
If
you have any questions regarding these amendments to the Code of Virginia, please do not hesitate to contact Mrs. Patty S.
Pitts, assistant superintendent for teacher education and licensure, by e-mail
at Patty.Pitts@doe.virginia.gov
or by telephone at (804) 371-2522 or Dr. James Lanham, director of licensure,
by e-mail at James.Lanham@doe.virginia.gov
or by telephone at (804) 371-2471.
BKCJr/psp