16.1-305.2 - Disclosure of notice of the filing of a petition and certain reports by division superintendent.
§ 16.1-305.2. Disclosure of notice of the filing of a petition and certainreports by division superintendent.
Except as otherwise provided in this section, a division superintendent shallnot disclose information contained in or derived from a (i) notice ofpetition 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 schoolin the division to which the notice or report was given, the superintendentshall promptly so notify the intake officer of the juvenile court in whichthe petition was filed or the Director of the Department who sent the reportand may forward the notice of petition or report to the superintendent of thedivision in which the juvenile is enrolled, if known.
If the division superintendent believes that disclosure of informationregarding a petition to school personnel is necessary to ensure the physicalsafety of the juvenile, other students or school personnel within thedivision, he may at any time prior to receipt of the notice of disposition inaccordance with § 16.1-305.1, disclose the fact of the filing of the petitionand the nature of the offense to the principal of the school in which thejuvenile who is the subject of the petition is enrolled. The principal mayfurther disseminate the information regarding a petition, after the juvenilehas been taken into custody, whether or not the child has been released, onlyto those students and school personnel having direct contact with thejuvenile and need of the information to ensure physical safety or theappropriate educational placement or other educational services.
If the division superintendent believes that disclosure of informationregarding a report received pursuant to § 66-25.2:1 to school personnel isnecessary to ensure the physical safety of the juvenile, other students, orschool personnel within the division he may disclose the information to theprincipal of the school in which the juvenile is enrolled. The principal mayfurther disseminate the information regarding such report only to schoolpersonnel as necessary to protect the juvenile, the subject or subjects ofthe danger, other students, or school personnel.
(1995, c. 429; 2003, c. 119; 2009, c. 276.)