Law / United States / 
Virginia
Public institutions of higher education: parental notification of a dependent student's mental health treatment and release of the educational record
Va. Code Ann. § 23.1-1303(B)(5), (B)(6)
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Disclosure, Governance
- Audit expectation
- none
What it requires
- If you are the governing board of a public institution of higher education, establish policies and procedures requiring notification of the parent of a dependent student when the student receives mental health treatment at the student health or counseling center and the treatment becomes part of the educational record, but require the notification only where there is a substantial likelihood that, as a result of mental illness, the student will in the near future cause serious physical harm to himself or others or suffer serious harm due to a lack of capacity to protect himself or provide for his basic human needs (Va. Code Ann. 23.1-1303(B)(5)).
- Allow notification to be withheld where a licensed treating professional has made a written statement part of the student's record that notification would be reasonably likely to cause substantial harm to the student or another person (Va. Code Ann. 23.1-1303(B)(5)).
- Establish policies and procedures requiring the release of the educational record of a dependent student, as FERPA defines the term, to a parent at his request (Va. Code Ann. 23.1-1303(B)(6)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Subdivisions B 5 and B 6 of section 23.1-1303 require governing boards to adopt parental-notification and records-release policies. They set no duty to keep a log.
- Kind
- None
- As of
What this law does
The governing board of each public institution of higher education must establish policies and procedures requiring notification of the parent of a dependent student when the student receives mental health treatment at the institution's student health or counseling center and the treatment becomes part of the educational record, but only if there is a substantial likelihood that, as a result of mental illness, the student will in the near future cause serious physical harm to himself or others or suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.
Notification may be withheld if a licensed mental health professional treating the student has made a written statement part of the student's record that, in the exercise of professional judgment, the notification would be reasonably likely to cause substantial harm to the student or another person. The governing board must also establish policies and procedures requiring the release of the educational record of a dependent student, as FERPA defines the term, to a parent at his request.
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