School boards; policies relating to volunteer student life counseling and support services.

A BILL to amend the Code of Virginia by adding a section numbered
22.1-79.3:2
, relating to school boards; policies relating to volunteer student life counseling and support services; guidelines and requirements.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
22.1-79.3:2
as follows:

§
22.1-79.3
:
2
. After-school volunteer student life counseling and support services
; policies permitting programs; guidelines and requirements.

A.
As used in this section, "
s
tudent life counseling and support services" includes services provided
(i)
by

any individual
or group affiliated with a community organization
, including any youth-oriented community organization,
professional and community organization, dropout prevention and substance abuse prevention program,
or
community service board
;

(ii) with the approval of the school board
in accordance with the provisions of this section
;
and

(iii)
for the purpose of providing support and guidance
in navigating social
,
emotional, mental, personal
,
or interpersonal issues and concerns
.
"Student life counseling and support services" does not include any
formal
counseling, guidance, or advice relating to academic achievement or planning.

B. Any school board may
adopt a policy permitting certain individuals or
group
s
to provide, on a volunteer

basis,

student life counseling and support services on school property after regular school hours in accordance with the following
requirements
:

1. Prior to the adoption of any such policy, in order to provide appropriate opportunity for input from the general public, parents, and teachers, such school board shall
obtain
public comment on any such proposed policy through a public hearing not less than seven days after reasonable notice to the public in a newspaper of general circulation in the school division and on such school board's official website
, including
the date, time, and location of such public hearing
and
a copy of the proposed policy;

2.
Any such policy shall
:

a.

I
nclude a process for approving an individual to volunteer to provide

such student life counseling and support services
,
including an individual seeking to volunteer
in his individual capacity or
, in the case of a group seeking to
provide
volunteer
services
,
any individual belonging to such group
who may come into contact with students
,
t
hat shall, at a minimum,
(i) prohibit any individual from participating as a volunteer who has been convicted of any barrier crime as defined in
§
19.2
-392.02 or is the subject of a founded complain
t
of child abuse or neglect within or outside the Commonwealth
and
(ii)
require any such individual to submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of
§
19.2-392.02
and
comply with all other requirements set forth in
§§
22.1-296.1
,
22.1-296.2
,
and

22.1-296.4
;

b. Require written parental consent before any student
yo
un
g
er
than
the age of 18 participates in or receives supports or services from any after-school volunteer student life counseling or support service
s
; and

c. Require any individual or
group
approved to provide
after
-
school
volunteer student life counseling or support services on school property to specifically include on any material
s
provided to any student or parent
a statement
that such individual or
group
is not affiliated with or employed by such school or the school board,

information identifying
any other entity, institution, or program with which such individual
or
group
is affiliated, and any additional information that a parent or student may need to provide full and informed consent to participating in any such service
s
;
and

3.
After the adoption of any such policy and at the start of each academic year thereafter, each school board shall provide to each parent of a student enrolled in the school division and post on a publicly accessible location on its official website notice of the availability of such student life counseling or support services, including a list of all individuals or groups approved and available to provide such services
.