The Virginia General Assembly has amended Section 20-124.6 of the Code of Virginia, governing access to minors’ records, to ensure that no parent, regardless of custodial status, can be denied access to academic or health records, including those stored or accessible from a secure website.

What Has Changed?

It has been the case that parents, regardless of custody status (including legal custody) cannot be denied access to academic or health records for a minor child, absent good cause (such as a written recommendation from a licensed mental health provider, for example). The General Assembly has now specifically noted within the law that this includes “any such records that are stored or accessible from a secure website.”

Given the widespread use of portals for both schools and health providers, this provides an added layer of protection for parents who may have struggled to get access to a secure portal to obtain their child’s records. It provides a clear and enforceable way for parents to stay informed, even if they do not have physical or legal custody.

What If I Still Can’t Get Access?

Even with the law in place, misunderstandings or disputes can arise. If you are denied access to records after July 1, you can contact the school or provider directly, and if you still can’t get access or have questions, reach out to an attorney.

If you have questions about how this law impacts your parenting plan or need help enforcing your rights, please contact Michelle Bieber at 703.284.7270 or mbieber@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.