Privacy Concerns: Language Puts Homeschoolers at Risk

Dear School Board Members,

I write to request your review of the division’s home instruction privacy policy.

My request concerns common sample privacy policy language provided to most Virginia school boards in February and May that I believe is inconsistent with Virginia’s home instruction law, § 22.1-254.1(G).

February’s sample privacy policy version allows districts to release information with a parent’s “express consent.” However, the law only allows districts to release information, “with the written consent of a student’s parent…to the extent provided by the parent’s consent.” (emphasis added) The term “express consent” allows for verbal consent, exceeding the statutory limitation.

May’s sample privacy policy version cites the incorrect law in its title as the source of authority. It also limits the aforementioned written consent requirements to families who have received a religious exemption. In doing so, the sample policy omits the statutory privacy protections for families who comply with the home instruction law and the privacy mandates assigned to public school divisions.

Adoption of this sample privacy policy language may put my minor child(ren) and family at increased risk of experiencing a violation of our statutorily protected privacy rights.

My family’s safety and privacy are of paramount importance.

To assist with your review, I am providing language from the privacy section of Home Educators Association of Virginia’s (HEAV) model home instruction policy that is consistent with Virginia law:

State Privacy Law on Disclosure of Information
In accordance with § 22.1-254.1(G), no division superintendent or local school board shall disclose to the Department of Education or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of § 22.1-254.1 (home instruction) or subdivision B 1 of § 22.1-254 (religious exemption).

However, a division superintendent or local school board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent.

Nothing in § 22.1-254.1(G) shall prohibit a division superintendent from notifying the state Superintendent of Public Instruction of the number of students in the school division receiving home instruction as required by § 22.1-254.1(B).

Please respond promptly, providing action steps and a resolution timeline to address my concerns.

Sincerely,