2.2-3705.4 - Exclusions to application of chapter; educational records and certain records of educational institutions.
§ 2.2-3705.4. Exclusions to application of chapter; educational records andcertain records of educational institutions.
The following records are excluded from the provisions of this chapter butmay be disclosed by the custodian in his discretion, except where suchdisclosure is prohibited by law:
1. Scholastic records containing information concerning identifiableindividuals, except that such access shall not be denied to the person who isthe subject thereof, or the parent or legal guardian of the student. However,no student shall have access to (i) financial records of a parent or guardianor (ii) records of instructional, supervisory, and administrative personneland educational personnel ancillary thereto, that are in the sole possessionof the maker thereof and that are not accessible or revealed to any otherperson except a substitute.
The parent or legal guardian of a student may prohibit, by written request,the release of any individual information regarding that student until thestudent reaches the age of 18 years. For scholastic records of students underthe age of 18 years, the right of access may be asserted only by his legalguardian or parent, including a noncustodial parent, unless such parent'sparental rights have been terminated or a court of competent jurisdiction hasrestricted or denied such access. For scholastic records of students who areemancipated or attending a state-supported institution of higher education,the right of access may be asserted by the student.
Any person who is the subject of any scholastic record and who is 18 years ofage or older may waive, in writing, the protections afforded by thissubdivision. If the protections are so waived, the public body shall opensuch records for inspection and copying.
2. Confidential letters and statements of recommendation placed in therecords of educational agencies or institutions respecting (i) admission toany educational agency or institution, (ii) an application for employment, or(iii) receipt of an honor or honorary recognition.
3. Records of the Brown v. Board of Education Scholarship Awards Committeerelating to personally identifiable information, including scholarshipapplications, personal financial information, and confidential correspondenceand letters of recommendation.
4. Data, records or information of a proprietary nature produced or collectedby or for faculty or staff of public institutions of higher education, otherthan the institutions' financial or administrative records, in the conduct ofor as a result of study or research on medical, scientific, technical orscholarly issues, whether sponsored by the institution alone or inconjunction with a governmental body or a private concern, where such data,records or information has not been publicly released, published, copyrightedor patented.
5. All records of the University of Virginia or the University of VirginiaMedical Center or Eastern Virginia Medical School, as the case may be, thatcontain proprietary, business-related information pertaining to theoperations of the University of Virginia Medical Center or Eastern VirginiaMedical School, as the case may be, including business development ormarketing strategies and activities with existing or future joint venturers,partners, or other parties with whom the University of Virginia MedicalCenter or Eastern Virginia Medical School, as the case may be, has formed, orforms, any arrangement for the delivery of health care, if disclosure of suchinformation would be harmful to the competitive position of the MedicalCenter or Eastern Virginia Medical School, as the case may be.
6. Personal information, as defined in § 2.2-3801, provided to the Board ofthe Virginia College Savings Plan or its employees by or on behalf ofindividuals who have requested information about, applied for, or enteredinto prepaid tuition contracts or savings trust account agreements pursuantto Chapter 4.9 (§ 23-38.75 et seq.) of Title 23. Nothing in this subdivisionshall be construed to prohibit disclosure or publication of information in astatistical or other form that does not identify individuals or providepersonal information. Individuals shall be provided access to their ownpersonal information.
7. Records maintained in connection with fundraising activities by or for apublic institution of higher education to the extent that such records reveal(i) personal fundraising strategies relating to identifiable donors orprospective donors or (ii) wealth assessments; estate, financial, or taxplanning information; health-related information; employment, familial, ormarital status information; electronic mail addresses, facsimile or telephonenumbers; birth dates or social security numbers of identifiable donors orprospective donors. Nothing in this subdivision, however, shall be construedto authorize the withholding of records relating to the amount, date,purpose, and terms of the pledge or donation, or the identity of the donorunless the donor has requested anonymity in connection with or as a conditionof making a pledge or donation. The exclusion provided by this subdivisionshall not apply to protect from disclosure (i) the identities of sponsorsproviding grants to or contracting with the institution for the performanceof research services or other work or (ii) the terms and conditions of suchgrants or contracts.
8. Records of a threat assessment team established by a public institution ofhigher education pursuant to § 23-9.2:10 relating to the assessment orintervention with a specific individual. However, in the event an individualwho has been under assessment commits an act, or is prosecuted for thecommission of an act that has caused the death of, or caused serious bodilyinjury, including any felony sexual assault, to another person, the recordsof such threat assessment team concerning the individual under assessmentshall be made available as provided by this chapter, with the exception ofany criminal history records obtained pursuant to § 19.2-389 or 19.2-389.1,health records obtained pursuant to § 32.1-127.1:03, or scholastic records asdefined in § 22.1-289. The public body providing such records shall removeinformation identifying any person who provided information to the threatassessment team under a promise of confidentiality.
(1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01;2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720,932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87,155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690;2006, c. 518; 2008, cc. 561, 665; 2010, cc. 456, 524.)