2025 SESSION

LEGISLATION NOT PREPARED BY DLS

INTRODUCED

25105363D

HOUSE BILL NO. 2774

Offered January 17, 2025

A BILL to amend and reenact § 22.1-272.1:1 of the Code of Virginia, relating to Board of Education; school-connected overdoses; policies relating to parental notification and response; requirements.

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Patron—Singh

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Referred to Committee on Education

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Be it enacted by the General Assembly of Virginia:

1. That § 22.1-272.1:1 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-272.1:1. Guidelines on school-connected overdose policies; response and parental notification.

A. As used in this section:

"Overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance.

"School-connected overdose" includes any overdose that (i) occurs on school premises before, during or after regular school hours or (ii) occurs during school-sanctioned activities whether on or off school premises.

B. Each division superintendent or his designee shall notify the parent of each student in the local school division of any school-connected overdose within 24 hours of learning of the overdose. The parental notification shall include information that is available at the time on: (i) the name of any identifiable features of the controlled substance and (ii) if the overdose occurred on school premises before, during or after regular school hours or occurred during school-sanctioned activities whether on or off school premises.

C. Each division superintendent or his designee shall issue an updated notification to the parent of each student in the local school division to correct any inaccuracy subsequently discovered after the initial notification made pursuant to subsection B.

D. The Board shall establish and maintain guidelines for school-connected overdose response and parental notification policies to aid local school boards in the implementation of such policies. The guidelines shall include (i) a model action plan for each school board to follow in responding to any school-connected overdose, including communicating and coordinating with (a) the Department and (b) the applicable law-enforcement liaison or the local law-enforcement agency that, pursuant to § 22.1-280.2:3, employs such school division's school resources officers, and (ii) criteria for issuing parental notification notifications pursuant to subsections B and C to ensure sensitivity to the privacy interests of affected individuals and compliance with any applicable law, rules, or regulations relating to the disclosure and protection of a minor's personal, confidential, or otherwise sensitive information.

E. The Board shall issue guidance regarding circumstances in which notifications in compliance with the provisions of this section and school board policies established pursuant thereto may conflict with provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. § 132g) (FERPA) and related regulations.

F. Each school board shall adopt, implement, and maintain policies consistent with subsections B and C and the guidelines developed by the Board pursuant to subsection D.

G. Notwithstanding any other provision of this section, the local school board, the division superintendent, every school administrator, and every other school employee shall take reasonable steps to protect the privacy and dignity of individuals involved in any school-connected suspected overdose.