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Code of Virginia § 23.1-405(C)

What is Virginia Code §23.1-405?

Virginia Code §23.1-405 (formerly known as HB1 or House Bill 1) prohibits a university from disclosing a student's email address, physical address or telephone number under the exception in the Family Educational Rights and Privacy Act (FERPA) for directory information unless the disclosure is otherwise permitted by FERPA, the student has affirmatively consented in writing to the disclosure, or the disclosures is to other University students provided: (i) the Student has not requested "Confidentiality," notifying the Registrar in writing that he or she does not wish to permit disclosure; and (ii) the disclosure is for educational purposes or University business and operations (including the activities of registered student organizations).

Key points regarding this law:

  • This legislation covers students in all academic program levels: undergraduate, master's, doctoral, first professional, and certificate.
  • Faculty continue to have access to contact information for all students in their courses. They may share student email addresses, physical addresses and phone numbers with other students for educational purposes unless the student has opted out of the Campus Directory. If a student who has requested "Confidentiality" provides written consent, faculty will be able to share that student’s email addresses, physical addresses and phone numbers with other students for educational purposes.
  • Faculty and staff will be able to share this information with other faculty or staff members for University-related purposes.

Other commonly asked questions about this legislation include: