Law / United States / 
Virginia
Students at institutions of higher education: confidentiality of prior-school records and limits on disclosing directory information
Va. Code Ann. § 23.1-405(B), (C)
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- If you are a public or private institution of higher education and you require a student's, or an accepted and committed applicant's, prior school records, keep the records confidential as state and federal law, including FERPA, require (Va. Code Ann. 23.1-405(B)).
- If you are an institution of higher education, disclose student directory information only after giving the student notice of the types of information you designate as directory information, the student's right to refuse the designation, and the period within which the student must notify you in writing (Va. Code Ann. 23.1-405(C)).
- Do not disclose the address, telephone number or email address of a student under the Virginia Freedom of Information Act unless the student has affirmatively consented in writing to the disclosure (Va. Code Ann. 23.1-405(C)).
- Except as state or federal law requires, do not disclose the address, telephone number or email address of a student under 34 C.F.R. 99.31(a)(11) unless the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out, or the student has affirmatively consented in writing (Va. Code Ann. 23.1-405(C)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Subsections B and C of section 23.1-405 require confidentiality of prior-school records and set conditions on disclosing directory information. They set no duty to keep a record of disclosures.
- Kind
- None
- As of
What this law does
Each public institution of higher education and private institution of higher education may require a student, or an applicant who has been accepted and has committed to attend, to provide a complete student record from the originating secondary school and any institution of higher education previously attended, including any mental health records held by the previous school or institution, and the records must be kept confidential as required by state and federal law, including FERPA.
An institution may disclose student directory information, as FERPA defines it, only if it has given the student notice of the types of information it has designated as directory information, of the student's right to refuse the designation of any or all of those types, and of the period within which the student must notify the institution in writing that he does not want any or all of them designated.
No institution may disclose the address, telephone number or email address of a student under the Virginia Freedom of Information Act unless the student has affirmatively consented in writing to the disclosure.
Except as state or federal law requires, no institution may disclose the address, telephone number or email address of a student under the FERPA regulation the subsection names unless the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out, or the student has affirmatively consented in writing. The subsection does not apply to disclosures, other than those under that regulation, that FERPA permits.
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