May 28, 1976

THE HONORABLE C. RICHARD CRANWELL
Member, House of Delegates

75-76 305

I am responding to your recent inquiry whether there is any statutory prohibition against the release of scholastic data, including grades, attendance records and notification of suspension from school, to parents of students over the age of 18. You state that these students reside with their parents who provide all of their support.

The Virginia Freedom of Information Act, §§2.1-340 to -346 of the Code of Virginia (1950), as amended, excludes scholastic records from public access, but guarantees access to the person who is the subject thereof. The Act further provides that, if the subject is under the age of 18, the right of access may be exercised only by his parent or guardian unless the student is emancipated or attends a State institution of higher education. [See§ 2.1-342(b)(3)]. While guaranteeing a right of access to a student over the age of 18, the Act does not prohibit the release of scholastic information to other parties, including parents. See Report of the Attorney General (1973-1974) at 454. Section 22-275.26 of the Code also places limitations on access to scholastic records. Access to any written records concerning a particular student is permitted parents or guardians, however, and no provision in §22-275.26 terminates this right of access after the student reaches the age of majority. With particular regard to notification of suspension, I note that §22-230.1 of the Code requires that the principal or teacher responsible for a suspension report the facts of the case, in writing, to the parent or guardian to the student. The statute does not relieve the principal or teacher of this duty where the student is over the age of 18.

The Privacy Protection Act of 1976, Chapter 597, [1976] Acts of Assembly, which will take effect on July 1, 1976, as §§2.1-377 to -386 of the Code, establishes administrative requirements for the dissemination of personal information held by governmental agencies. Scholastic information would be within the definition of "personal information" found at §2.1-379(1). This Act provides that an agency shall "disseminate only that personal information permitted or required by law." [See §2.1-380(1)]. Sections 22-275.26 and 22-230.1 of the Code, which are described herein, permit or require dissemination of scholastic information to parents. These statutes, therefore, confer upon parents the authority for regular access to personal information about their children.

In your letter you refer to the federal Privacy Act of 1974, Public Law 73-579, which is found at 5 U.S.C.§ 552(a). With the exception of 7 of that Act (dealing with use of social security account numbers), this law is applicable only to federal agencies. The Buckley Bill, to which you also refer, found at 20 U.S.C. §1232(g), conditions federal aid to educational agencies or institutions upon adherence to certain policies regarding release of educational records. Section 1232(g)(b)(1)(H) of that law, however, permits release of education records without written consent of the student to parents of students claimed as dependents for federal income tax purposes.

In summary, no State or federal statute prohibits release of scholastic information to parents of a dependent student, even when that student is over the age of 18.