COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

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 Virginia Regarding the Freedom of Information Act (FOIA) and an Active Investigation Conducted by or for the Board of Education Related to the Denial, Suspension, or Revocation of Licenses

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.

 

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