Section K: School-Community Relations

• KA: Goals for School Community Relations
• KB: Public Information Program
• KBA: Requests for Public Records
• KBA-E: Rights & Responsibilities
• KBC: Media Relations
• KC: Community Involvement in Decision Making
• KD: Public Participation at School Board Meetings
• KFB: Administration of Surveys and Questionnaires
• KGA: Sales and Solicitations in Schools
• KGB: Public Conduct on School Property
• KGC: Use of Tobacco and Electronic Cigarettes on School Premises
• KH: Public Gifts to the Schools
• KJ: Advertising in the Schools
• KK: School Visitors
• KKA: Service Animals in Public Schools
• KL: Public Complaints
• KLB: Public Complaints About Learning Resources
• KM: Relations With Community Organizations
• KMA: Relations With Parent Organizations
• KN: Sex Offender Registry Notification
• KNAJ: Relations With Law Enforcement Authorities
• KNB: Reports of Missing Children
• KP: Parental Rights and Responsibilities
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships

KA: GOALS FOR SCHOOL-COMMUNITY RELATIONS

The School Board recognizes that good school-community relations are essential to securing public input and public support for educational programs. The School Board sets goals and standards for school community relations and regularly evaluates its relationship with the public. The School Board also regularly evaluates its programs for maintaining open channels of communication and good relations with parents, community organizations, other government agencies, non-profit organizations, businesses and industries, and the community at large.

Through its school-community relations program, the Board encourages the community to:

1. take an active interest in the schools and participate in school activities;
2. place a high priority on education and make funds available for an educational system that supports learning for all children; and
3. establish partnerships with the schools to enhance learning opportunities.

Adopted: January 26, 2009
Revised: August 13, 2012
Revised: June 9, 2014

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-79, 22.1-253.13:7.C.4.

Cross References

• AF: Comprehensive Plan
• KB: Public Information Program
• KBC: Media Relations
• KF: Distribution of Information/Materials
• KG: Community Use of School Facilities
• KMA: Relations With Parent Organizations
• KNAJ: Relations With Law Enforcement Authorities
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships
• IGBC: Parental Involvement

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KB: PUBLIC INFORMATION PROGRAM

The Smyth County School Board recognizes the importance of providing information regarding the school division to the community. The Board will utilize all appropriate means and media in order to:

• Explain the programs, achievements, and needs of the school division;
• Keep students, parents/guardians, and staff members fully informed about Board policies and procedures as well as their own rights and responsibilities;
• Communicate factual information regarding the school division: and
• Involve students, parents/guardians, and the community in discussions regarding education programs, student activities, and Board policy.

Since school publications are one means by which the public evaluates the schools, publications shall receive careful faculty supervision as well as approval of the principal to ensure acceptable standards of content and journalism.

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3700 et seq.

Cross References

• KA: Goals for School-Community Relations
• KBA: Requests for Public Records
• KBC: Media Relations

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KBA: REQUESTS FOR PUBLIC RECORDS

The Smyth County School Board complies with the Virginia Freedom of Information Act. Except otherwise specifically provided by law, all public records are open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records. All requests for information are processed in accordance with KBA-R Requests for Public Records.

Officers, employees, and members of the School Board who fail to provide public records as required by FOIA because they have altered or destroyed the requested records with the intent to avoid the provisions of FOIA are subject to penalties in their individual capacity of up to $100 per record altered or destroyed.

The name(s) and contact information for the person(s) Smyth County School Board has designated as its Freedom of Information (FOIA) Officer(s) is listed in regulation KBA-R Requests for Public Records and posted at the School Board office and on the division’s website. The FOIA Officer(s) serve(s) as a point of contact for members of the public in requesting public records and coordinate(s) the School Board’s compliance with FOIA. The FOIA officer(s) receive(s) training at least once during each consecutive period of two calendar years beginning on the date on which the FOIA Officer last completed a training session from the School Board’s legal counsel or the Virginia Freedom of Information Advisory Council.

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3704, 2.2-3704.2.

Cross References:

• KBA-E: Rights and Responsibilities
• KBA-R: Requests for Public Records

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  KBA-E: Rights and Responsibilities

The Rights of Requestors and the Responsibilities of Smyth County Public Schools under the Virginia Freedom of Information Act

The Virginia Freedom of Information Act (FOIA), located at § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials and public employees.

A public record is any writing or recording – regardless of whether it is a paper record, an electronic file, an audio or video recording or record in any other format – that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open to the public and may only be withheld if a specific statutory exemption applies.

The policy of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

FOIA Rights

• Citizens of the Commonwealth and representatives of the media have the right to request to inspect or receive copies of public records, or both.
• Citizens of the Commonwealth and representatives of the media have the right to request that any charges for the requested records be estimated in advance.
• If a citizen of the Commonwealth or representative of the media believes that their FOIA rights have been violated, the citizen or media representative may file a petition in district or circuit court to compel compliance with FOIA. Alternatively, they may contact the FOIA Council for a nonbinding advisory opinion.

Making a Request for Records from Smyth County Public Schools

• Records may be requested by U.S. Mail, fax, e-mail, in person or over the phone. FOIA does not require that a request be in writing, nor that it specifically state that records are being requested under FOIA.
• As a practical matter, it may be helpful to both the requestor and the person receiving the request to put the request in writing. This creates a record of the request. It also gives us a clear statement of what records are requested, so that there is no misunderstanding over a verbal request. However, we cannot refuse to respond to a FOIA request if it is not put in writing.
• A request must identify the records sought with “reasonable specificity.” This is a common-sense standard. It does not refer to or limit the volume or number of records requested; instead, it requires the requestor to be specific enough so that we can identify and locate the records that are requested.
• A request must ask for existing records or documents. FOIA creates a right to inspect or copy records; it does not apply to general questions about the work of Smyth County Public Schools, nor does it require Smyth County Public Schools to create a record that does not exist.
• A requestor may choose to receive electronic records in any format used by Smyth County Public Schools in the regular course of business. For example, if requested records are maintained in an Excel file, the requestor you may elect to receive those records electronically, via e-mail or on a computer disk or to receive a printed copy of those records.
• If we have questions about a request, please cooperate with staff’s efforts to clarify the type of records sought, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss a request to ensure that we understand what records are being sought.

To request records from Smyth County Public Schools, direct your request to Smyth County Schools Public Schools’ designated Freedom of Information Act Officer (FOIA Officer) who is responsible for serving as a point of contact for members of the public who wish to request public records. The Smyth County Public Schools FOIA Officer is: Dennis Carter, Superintendent, 276-783-3791

In addition, the FOIA Advisory Council is available to answer questions about FOIA. The Council may be contacted by e-mail at [email protected] or by phone at (804) 698-1810 or 1-866-448-4100.

Smyth County Public Schools’ Responsibilities in Responding to Your Request

Smyth County Public Schools must respond to a request within five working days of receiving it. “Day One” is considered the day after the request is received. The 5-day period does not include weekends or holidays.

The reason behind a request for public records from Smyth County Public Schools is irrelevant and a requestor does not have to state why they want the records before we respond to the request. FOIA does, however, allow Smyth County Public Schools to require a requestor to provide their name and legal address.

FOIA requires that Smyth County Public Schools make one of the following responses to a request within the 5-day time period:

1. We provide the records requested in their entirety.
2. We withhold all of the records requested, because all of the records are subject to a specific statutory exemption or exemptions. If all of the records are being withheld, we must send a response in writing. That writing must identify the volume and subject matter of the records withheld and state the specific section(s) of the Code of Virginia that allows us to withhold the records.
3. We provide some of the records requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide the remainder of the record. We must provide the requestor a written response stating the specific section(s) of the Code of Virginia that allows portions of the requested records to be withheld.
4. We inform the requestor in writing that the requested records cannot be found or do not exist (we do not have the records requested). However, if we know that another public body has the requested records, we must include contact information for the other public body in our response.
5. If it is practically impossible for Smyth County Public Schools to respond to the request within the 5-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us 7 additional working days to respond to the request, giving us a total of 12 working days to respond to the request.

If a request is made for a very large number of records and we feel that we cannot provide the records within 12 working days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to the request. However, FOIA requires that we make a reasonable effort to reach an agreement with the requestor concerning the production of the records before we go to court to ask for more time.

Costs

Except with regard to scholastic records requested pursuant to subdivision A 1 of Va. Code § 2.2-3705.4 that must be made available for inspection pursuant to the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and such requests for scholastic records by a parent or legal guardian of a minor student or by a student who
is 18 years of age or older, Smyth County Public Schools may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying or searching for the requested records and makes all reasonable efforts to supply the requested records at the lowest possible cost. Smyth County Public Schools will not impose any extraneous, intermediary or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the schools. Any duplicating fee charged by Smyth County Public Schools will not exceed the actual cost of duplication. Prior to conducting a search for records, Smyth County Public Schools notifies the requestor in writing that it may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquires of the requestor whether the requestor would like to request a cost estimate in advance of the supplying of the requested records as set forth in subsection Va. Code § 2.2- 3704.F.  A requestor may request that Smyth County Public Schools estimate in advance the charges for supplying the records requested. This will allow the requestor to know about the costs upfront, or give the requestor the opportunity to modify the request in an attempt to lower the estimated costs. 

The requestor may have to pay for the records requested from the Smyth County Public Schools. FOIA allows us to charge for the actual costs of responding to FOIA requests. This includes items like staff time spent searching for the requested records, copying costs or any other costs directly related to supplying the requested records. It does not include general overhead costs. Any costs incurred by the Smyth County Public Schools in estimating the cost of supplying the requested records will be applied toward the overall charges to be paid by the requestor for the supplying of such requested records. 

If we estimate that it will cost more than $200 to respond to a request, we may require the requestor to pay a deposit, not to exceed the amount of the estimate, before proceeding with the request. The five days that we have to respond to the request does not include the time between when we ask for a deposit and when the requestor responds.

If a requestor owes us money from a previous FOIA request that has remained unpaid for more than 30 days, Smyth County Public Schools may require payment of the past due bill before it will respond to a new FOIA request.

Types of Records

The following is a general description of the types of records held by Smyth County Public Schools:

• Personnel records concerning employees and officials of Smyth County Public Schools
• Scholastic records
• Business and finance records
• Operational records involving support departments such as Technology, Transportation, Facilities, Food Services, etc.
• Agendas, minutes and other records of the meetings of the School Board and committees appointed by the School Board (which are also available on the Smyth County Public Schools website)
• Records of contracts to which Smyth County Public Schools is a party

Commonly Used Exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. Smyth County Public Schools commonly withholds records subject to the following exemptions:

• Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
• Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
• Vendor proprietary information (§ 2.2-3705.1 (6))
• Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
• Records related to critical incident response (§ 2.2-3705.2 (14))
• Scholastic records (§ 2.2-3705.4(1) and 20 U.S.C. § 1232g)

Policy Regarding the Use of Exemptions

The general policy of Smyth County Public Schools is to invoke the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of Smyth County Public Schools.

The general policy of Smyth County Public Schools is to invoke the contract negotiations exemption whenever it applies in order to protect Smyth County Public Schools bargaining position and negotiating strategy.

The general policy of Smyth County Public Schools is to invoke the scholastic records exemption in those instances where it applies in order to protect the privacy of students and comply with other state and federal laws governing the privacy of student records.

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KBA-R: REQUESTS FOR PUBLIC RECORDS 

The Smyth County School Board is committed to full compliance with the Virginia Freedom of Information Act (FOIA), and processes all requests for information in accordance with the following procedures:

Access to Records

1. Official records subject to disclosure under the Freedom of Information Act are open to inspection and copying during the regular office hours of the Smyth County School Board's central office.
2. When practicable, the following records are available at the central office: ex. most recent school board meeting minutes, school board agenda, assessment information, etc.
3. Unless otherwise specified by the FOIA Officer, inspection of records takes place at the central office of Smyth County Public Schools, and records are not removed from that site. Copies may be requested in lieu of or at the time of inspection, subject to the charges listed below. Nonexempt records maintained in an electronic database are produced in any tangible medium or format identified by the requester that is regularly used in the ordinary course of business by Smyth County School Board, including posting the records on a website or delivering the records through an electronic mail address provided by the requester.
4. Requesters must provide their legal name and address and verification that the requester is a citizen of the Commonwealth, a representative of a newspaper or magazine with circulation in the Commonwealth, or a representative of a radio or television station broadcasting in or into the Commonwealth. 
5. The FOIA Officer or designee is present during inspection or copying of records. A record of each inspection is made, using form KBA-F2 Record of Inspection and/or Delivery of Copies.

Request Procedures

1. Requests for access to records shall be made with reasonable specificity.
2. Requests shall be directed to the Smyth County Public Schools FOIA Officer at:
   FOIA Officer
   121 Bagley Circle, Suite 300
   Marion, VA 24354
   Phone: 276-783-3791
   276-783-3291 (Fax)
3. Requesters should make their requests using Form KBA-F1 Request for Public Records. Requests received via telephone are transcribed onto Form KBA-F1 Request for Public Records by School Board staff. Written requests other than on Form KBA-F1 Request for Public Records are appended to a copy of the form by staff, who fill out as much of the form as possible.
4. School Board staff provide Form KBA-F1 Request for Public Records and a copy of this regulation upon request to any person interested in obtaining access to records, and instruct the requester to direct the request to the FOIA Officer. Telephone inquiries are redirected to the FOIA Officer. Any written requests received by building personnel are immediately forwarded to the FOIA Officer, with a notation indicating the date and time the request was received.

Responding to Requests

1. Prior to conducting a search for records, Smyth County Public Schools notifies the requestor in writing that it may make reasonable charges not to exceed its actual costs incurred in accessing, duplicating, supplying, or searching for requested records and inquiries of the requester whether the requestor would like to request a cost estimate in advance of the supplying of the requested records as set forth in Va. Code § 2.2-3704.F. A requester may request that Smyth County Public Schools estimate in advance the charges for supplying the records requested. This will allow the requester to know about any costs upfront, or give the requester the opportunity to modify the request in an attempt to lower the estimated costs. Any costs incurred in estimating the cost of supplying the requested records will be applied toward the overall charges to be paid by the requester for the supplying of such requested records. 

Promptly, but in all cases within five working days of receiving the request, the school division provides the requested records to the requester, or makes one of the following responses in writing:

1. The requested records are being entirely withheld. The response will identify with reasonable particularity the volume and subject matter of the withheld records, and, with respect to each category of withheld records, cite the specific Virginia Code section(s) or other law that authorizes the withholding of the records.
2. The requested records are being provided in part and are being withheld in part. The response will identify with reasonable particularity the subject matter of the withheld portions and cite, with respect to each category of withheld records, the specific Virginia Code section(s) or other law which authorizes the withholding of the records.
3. The requested records could not be found or do not exist. If the school division knows that another public body has the requested records, the response includes contact information for the other public body.
4. It is not practically possible to provide the records or to determine whether they are available within the five-day period. Such response specifies the conditions which make a response impossible. If the response is made within five working days, one of the preceding responses is provided within an additional seven-day period.

No public record is withheld in its entirety on the grounds that some portion of the public record is excluded from disclosure by law. A public record may be withheld from disclosure in its entirety only to the extent that an exclusion from disclosure applies to the entire content of the public record. Otherwise, only those portions of the public record containing information subject to an exclusion may be withheld, and all portions of the public record that are not so excluded are disclosed.

The school division may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response within the time outlined above will prevent the school division from meeting its operational responsibilities. Before proceeding with the petition, the school division will make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.

The five-day period begins on the first working day following the day the request is received by the school division, and ends at the close of business on the fifth working day following receipt of the request. Any time that elapses between the time the requester is notified of an advance cost determination pursuant to the procedures detailed below and the time that the requester responds to that notice is not counted in calculating the five work days.

Processing of Requests

The FOIA Officer shall, after receiving a request, promptly makes an initial determination as to whether the requested records will be provided to the requester, will be withheld, either completely or in part, or if it is practically impossible to provide the requested records or to determine whether they are available within five days.

If the FOIA Officer is unsure whether the requested documents should be provided to the requester, legal advice is promptly sought.

If the FOIA Officer is uncertain whether the requested records exist or where they may be located, efforts are promptly initiated to locate the records or determine whether they exist.

If the requested records will be made available either in whole or in part, the FOIA Officer promptly consults with School Board staff to determine the cost involved to assemble the records for inspection and copying. Where portions of individual records must be redacted prior to inspection and copying, the cost of doing this is taken into account. The following costs are charged at the rates indicated, not to exceed actual cost:

• Staff member search time, charged by the quarter hour. Depending on the staff member(s) involved in the search, rates of $2.00 to $12.00 per quarter hour may apply.
• Computer search time, charged at the rate of $10.00 per quarter hour
• Computer printouts, charged at the rate of .10 cents per page
• Photocopies (including those necessary to perform redactions), charged at the rate of .10 cents per page.
• Incidental out-of-pocket costs necessary to assemble the records (for example: phone, postage, or courier charges).

If the requester has asked for an advance determination of the cost, or if the cost is expected to exceed $200, the requester shall be notified in advance of the cost associated with the request. If the cost of the request is determined to exceed $200, the school board may, before continuing to process the request, require the requester to agree to payment of a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. No further action shall be taken until the requester responds, and the requester must agree to pay the estimated amount before any further processing of the request is performed.

Before processing a request for records, the FOIA Officer may require the requester to pay any amounts owed to the school board for previous requests for records that remain unpaid 30 days or more after billing.

If school division records have been transferred to any entity, including any other public body, for storage, maintenance, or archiving, the school division remains the custodian of the records for purposes of responding to requests and is responsible for retrieving and supplying the records to the requester.

Any records to be disclosed are assembled for inspection and copying by School Board staff, under the direction and supervision of the FOIA Officer.

School Board staff are responsible for recording the date the request was received, verifying photo identification and signature, and recording and assembling additional information about the request as indicated on Form KBA-F1 Request for Public Records.

Legal References

• Code of Virginia, 1950, as amended, § 2.2-3704, 2.2-3704.1.

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KBC: MEDIA RELATIONS

Media releases by the schools are encouraged as a means of informing the public of programs, activities, and accomplishments. Staff members are encouraged to participate in activities that inform the public about school programs and activities.

News and information concerning, personnel and students is released only with the approval of the principal and in accordance with state and federal laws regarding confidentiality. All other matters representing the official position of the Board prepared for publication by any of its employees shall be approved by the superintendent or his/her designee prior to release to the press.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-287, 22.1-287.1.

Cross References

• JO: Student Records
• KA: Goals for School-Community Relations
• KB: Public Information Program

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KC: COMMUNITY INVOLVEMENT IN DECISION MAKING

The School Board recognizes that the community resources and experience can be useful to schools. The Board may involve citizens both as individuals and as groups to act as advisors and resource people.

Public input will be carefully considered by the Board in light of division goals, current practices, and financial feasibility. All final decisions rest solely with the Board.

Adopted: January 26, 2009

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1 86, 22.1-253.13:7.

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KD (Also BDDH): PUBLIC PARTICIPATION AT SCHOOL BOARD MEETINGS

Any citizen may address the Board at any regular or called meeting. A reasonable period of time, as determined by the School Board, will be allocated at each regular meeting for citizens to present matters of concern.

Persons wishing to be on the agenda at a School Board meeting are requested to contact the superintendent, the School Board chair, or their designee for consideration of placement on the agenda.

The chair is responsible for the orderly conduct of the meeting and shall rule on such matters as appropriate including the subject being presented and length of time for such presentation. No one will be allowed to make additional presentations until everyone who wishes to speak has an opportunity to make an initial presentation. Upon recognition by the chair, the speaker shall address chair and if, at the conclusion of the speaker's remarks, any member of the School Board desires further information, the member will address the speaker only with the permission of the chair. For additional information about public presentations at School Board meetings please see Rules of Decorum for Public Comment at School Board Meetings, which is a part of the Smyth County School Board Bylaws.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-253.13:7.

Cross References

• Rules of Decorum for Public Comment at School Board Meetings–Smyth County School Board Bylaws

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KFB: ADMINISTRATION OF SURVEYS AND QUESTIONNAIRES

I. Instructional Materials and Surveys

A. Inspection of Instructional Materials

All instructional materials, including teacher's manuals, films, tapes, or other supplementary material used as part of the educational curriculum for a student or used in connection with any survey, analysis, or evaluation as part of any federally funded program are available for inspection by the parents or guardians of the student in accordance with Policy KBA Requests for Information.

B. Participation in Surveys and Evaluations

No student is required, as part of any federally funded program, to submit to a survey, analysis, or evaluation that reveals information concerning:

1. political affiliations or beliefs of the student or the student's parent,
2. mental or psychological problems of the student or the student's family,
3. sex behavior or attitudes,
4. illegal, anti-social, self-incriminating, or demeaning behavior,
5. critical appraisals of other individuals with whom respondents have close family relationships,
6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,
7. religious practices, affiliations, or beliefs of the student or student's parent, or
8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)

without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.

Surveys Requesting Sexual Information

In any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to Va. Code § 32.1-73.8, other information on controlled substance use, or any other information that the School Board deems to be sensitive in nature is to be administered, the School Board shall notify the parent concerning the administration of such questionnaire or survey in writing at least 30 days prior to its administration. The notice will inform the parent of the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings or results will be disclosed. In any case in which a questionnaire or survey is required by state law or is requested by a state agency, the relevant state agency shall provide the School Board with all information required to be included in the notice to parents. The parent has the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent and exempt the parent’s child from participating in the questionnaire or survey. Unless required by federal or state law or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information.

No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.

D. Additional Protections

A parent or emancipated student may, upon request, inspect any instructional material used as part of the educational curriculum of the student and any survey created by a third party before the survey is administered or distributed to a student. Any inspection shall be in accordance with Policy KBA Requests for Information.

In addition, in the event of the administration or distribution of a survey containing one or more of the subjects listed in subsection I.B. above, the privacy of students to whom the survey is administered will be protected by use of identification codes with names maintained separately.

II. Physical Examinations and Screenings

If Smyth County Public Schools administers any physical examinations or screenings other than

• those required by Virginia law, and
• surveys administered to a student in accordance with the Individuals with Disabilities Education Act,

policies regarding those examinations or screenings will be developed and adopted in consultation with parents.

III. Commercial Use of Information

Questionnaires and surveys are not administered to public school students during the regular school day or at school-sponsored events without written, informed parental consent when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.

This subsection does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:

• college or other post-secondary education recruitment, or military recruitment;
• book clubs, magazines, and programs providing access to low-cost literary products;
• curriculum and instructional materials used by elementary schools and secondary schools;
• tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
• the sale by students of products or services to raise funds for school-related or education-related activities; and
• student recognition programs.

IV. Notification

Notification of Policies

The Board provides notice of this policy directly to parents of students annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy. The Board also offers an opportunity for the parent (or emancipated student) to opt the student out of participation in:

• activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose);
• the administration of any survey containing one or more items listed in subsection I.B. above; or
• any non-emergency, invasive physical examination or screening that is:
  • required as a condition of attendance;
  • administered by the school and scheduled by the school in advance; and
  • not necessary to protect the immediate health and safety of the student, or of other students.

Notification of Specific Events

The Board directly notifies the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the following activities are scheduled, or expected to be scheduled:

• activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose);
• the administration of any survey containing one or more items listed in subsection I.B. above; or
• any non-emergency, invasive physical examination or screening that is:
  • required as a condition of attendance;
  • administered by the school and scheduled by the school in advance; and
  • not necessary to protect the immediate health and safety of the student, or of other students.

V. Definitions

Instructional Material

The term "instructional material" means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

Invasive Physical Examination

The term "invasive physical examination" means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

Parent

The term "parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).

Personal Information

The term "personal information" means individually identifiable information including:

• a student or parent's first and last name;
• a home or other physical address (including street name and the name of the city or town);
• a telephone number; or
• a Social Security identification number.

Survey

The term "survey" includes an evaluation.

Adopted: November 12, 2012
Revised: August 10, 2015

Legal References

• 20 U.S.C. § 1232h.
• Code of Virginia, 1950, as amended, § 22.1-79.3.

Cross References

• IFB: Pilot, Research or Experimental Projects
• JHDA: Human Research
• KBA: Requests for Information
• KF: Distribution of Information/Materials
• LE: Relations with Colleges and Universities

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KGA: SALES AND SOLICITATIONS IN SCHOOLS

No one may sell or offer for sale, within the school, schools, on school grounds, or at school-sponsored activities, any product or service except when the sale will benefit the educational program of the schools.

Solicitations for contributions to charitable organizations, dues for employee organizations, contributions for the benefit of professional organizations, or for school organizations may only be made outside school hours or with permission of the principal. Individual discussions between school division employees during school hours are not prohibited.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78.

Cross References

• DJG: Vendor Relations
• GAB/IIBEA: Acceptable Computer System Use
• GAH: School Employee Conflict of Interests
• GCQAB: Tutoring for Pay
• JL: Fund Raising and Solicitation
• KG: Community Use of School Facilities
• KJ: Advertising in the Schools
• KK: Visitors to the Schools

© 2/22 VSBA, Back to Top

KGB: PUBLIC CONDUCT ON SCHOOL PROPERTY

All visitors shall register at the school office on arrival.

No one may possess or consume any alcoholic beverage in or on the grounds of any public school property at any time or school or student activity. The only exception is for religious congregations using wine for sacramental purposes only.

In accordance with Policy KGC: Tobacco Products and Nicotine Vapor Products, use of tobacco products and nicotine vapor products is not permitted in schools, at school-sponsored events, or in school vehicles. 

Any person found to be engaged in or advocating illegal activity while on school property, including school buses, is reported by the principal to the local law enforcement authorities.

Any person who willfully and maliciously damages, destroys or defaces any school district building, or damages or removes any school property, is required to compensate the school division and may be prosecuted.

Any person who willfully interrupts or disturbs the operation of any school, or by being intoxicated, disturbs the same, whether willfully or not, may be ejected and/or prosecuted.