                                 CODE OF VIRGINIA

DISCLOSURE OF NOTICE OF THE FILING OF A PETITION AND CERTAIN REPORTS BY DIVISION
SUPERINTENDENT (§ 16.1-305.2)

Except as otherwise provided in this section, a division superintendent shall
not disclose information contained in or derived from a (i) notice of petition
received pursuant to § 16.1-260 or (ii) report received pursuant to §
66-25.2:1. If the juvenile is not enrolled as a student in a public school in
the division to which the notice or report was given, the superintendent shall
promptly so notify the intake officer of the juvenile court in which the
petition was filed or the Director of the Department who sent the report and may
forward the notice of petition or report to the superintendent of the division
in which the juvenile is enrolled, if known.

If the division superintendent believes that disclosure of information regarding
a petition to school personnel is necessary to ensure the physical safety of the
juvenile, other students or school personnel within the division, he may at any
time prior to receipt of the notice of disposition in accordance with §
16.1-305.1, disclose the fact of the filing of the petition and the nature of
the offense to the principal of the school in which the juvenile who is the
subject of the petition is enrolled. The principal may further disseminate the
information regarding a petition, after the juvenile has been taken into
custody, whether or not the child has been released, only to those students and
school personnel having direct contact with the juvenile and need of the
information to ensure physical safety or the appropriate educational placement
or other educational services.

If the division superintendent believes that disclosure of information regarding
a report received pursuant to § 66-25.2:1 to school personnel is necessary to
ensure the physical safety of the juvenile, other students, or school personnel
within the division he may disclose the information to the principal of the
school in which the juvenile is enrolled. The principal may further disseminate
the information regarding such report only to school personnel as necessary to
protect the juvenile, the subject or subjects of the danger, other students, or
school personnel.

HISTORY: 1995, c. 429; 2003, c. 119; 2009, c. 276.