In a proceeding where a minor's school records are material and otherwise admissible, copies of such school records shall be received as evidence in any matter, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit signed by the custodian of such records, or by the person to whom the custodian reports if they are different, stating that such records are true and accurate copies of such records shall be valid authentication for the purposes of this section. Except for copies of report cards and letters previously sent to parents, subjective information, including observations, comments or opinions shall be redacted, by the court, from any records prior to admittance of the records into evidence pursuant to this section. Any party seeking to introduce records authenticated by affidavit under this section shall deliver notice and a copy of such records to the other parties so that they are received not less than seven days prior to the introduction of such records.
§ 8.01-390.1.School records as evidence.
Chapter 14. Evidence · Article 2. Laws, Public Records, and Copies of Original Records As Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceThis section lets a minor’s school records come into evidence in a Virginia proceeding when material and otherwise admissible, authenticated by the custodian’s affidavit, requires the court to redact subjective observations, comments, or opinions except in report cards and letters previously sent to parents, and requires seven days’ advance notice before affidavit-authenticated records are introduced.
Full Text of § 8.01-390.1
Plain-English Summary
School files often end up relevant in custody disputes, personal injury cases involving a child, and other civil matters where a minor’s academic or behavioral history is at issue. Section 8.01-390.1 gives those records a defined path into evidence. Where a minor’s school records are material to the case and otherwise admissible, a copy authenticated as true and accurate by the custodian — or by whoever the custodian reports to, if different — comes in as evidence. An affidavit from that same custodian stating the copies are true and accurate is enough authentication on its own.
The section builds in a privacy filter before any of it reaches the factfinder. Subjective material in the records — observations, comments, opinions from teachers or staff — has to be redacted by the court before the records go into evidence. That filter has one carve-out: report cards and letters that were already sent home to parents do not get redacted, since a parent already saw that content in the ordinary course.
Fair notice matters too. A party who wants to introduce school records authenticated by affidavit under this section has to deliver notice and a copy of the records to the other parties early enough that they receive it at least seven days before the records are introduced, giving the opposing side a real chance to review and, if needed, challenge what is coming in.
Frequently Asked Questions
What conditions must a minor’s school records meet to come in under this section?
The records must be material to the proceeding and otherwise admissible, and copies must be authenticated as true and accurate by the custodian, or the person to whom the custodian reports if different.
Can an affidavit substitute for live testimony to authenticate school records?
Yes. An affidavit signed by the custodian, or the person to whom the custodian reports if different, stating the records are true and accurate copies is valid authentication under this section.
Must subjective comments in school records be removed before they are admitted?
Yes, except for report cards and letters previously sent to parents — the court must redact subjective information, including observations, comments, or opinions, from the records before they are admitted.
How much advance notice must the other parties get before affidavit-authenticated school records are introduced?
Notice and a copy of the records must be delivered so the other parties receive them not less than seven days before the records are introduced.
Does this section apply to any type of proceeding?
The text refers to “a proceeding” where a minor’s school records are material and otherwise admissible, without limiting it to a specific type of civil case.
Amendment History
2000, c. 558; 2009, c. 212; 2012, c. 499.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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