SB238: Students; collection of demographic data, designation of race or ethnicity.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 22.1-4.2 of the Code of Virginia, relating to collection of student demographic data.
[S 238]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 22.1-4.2 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-4.2. Designation of race or ethnicity.

A. School board employees administering tests or other assessment instruments shall not require any public elementary school students being tested to disclose their race or ethnicity on such tests.

Nothing in this section subsection shall, however, prevent relevant school division personnel from obtaining such information from the students' permanent record and placing such information on such test or assessment instrument.

B. No student or his parent shall be required to disclose information related to the student's race or ethnicity unless (i) the student or his parent is given an option to designate "other" for the student's race or ethnicity or (ii) such disclosure is required by federal law.


SENATE BILL NO. 238
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on January 25, 2018)
(Patron Prior to Substitute--Senator DeSteph)
A BILL to amend and reenact § 22.1-4.2 of the Code of Virginia, relating to collection of student demographic data.

Be it enacted by the General Assembly of Virginia:

1. That § 22.1-4.2 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-4.2. Designation of race or ethnicity.

A. School board employees administering tests or other assessment instruments shall not require any public elementary school students being tested to disclose their race or ethnicity on such tests.

Nothing in this section subsection shall, however, prevent relevant school division personnel from obtaining such information from the students' permanent record and placing such information on such test or assessment instrument.

B. No student or his parent shall be required to disclose information related to the student's race or ethnicity unless (i) the student or his parent is given an option to designate "other" for the student's race or ethnicity or (ii) such disclosure is required by federal law.

SENATE BILL NO. 238

Offered January 10, 2018
Prefiled January 4, 2018
A BILL to amend the Code of Virginia by adding a section numbered 22.1-4.4, relating to collection of student demographic data; prohibition.
Patron-- DeSteph

Referred to Committee on Education and Health

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-4.4 as follows:

§ 22.1-4.4. Collection of student demographic information; prohibition.

Except for the purposes of school accountability or as required by state or federal law, no local school board shall require a student or his parent to report information related to the student's race, ethnicity, or religion. Any request for such information shall include an option for the student or parent to decline to answer. Additionally, local school boards shall prohibit third-party collection of such information.