Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 15

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You have the right to review your child’s records.
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Your school division
must permit you to inspect and review any education records relating to
your child that are collected, maintained, or used by your school division under the IDEA. The
school division must comply with your request to inspect and review any education records on
your child without unnecessary delay and before any meeting regarding an Individualized
Education Program (IEP), or any impartial due process hearing (including a resolution meeting
or a hearing regarding discipline), and in no case more than 45 calendar days after you have
made a request.
Your right to inspect and review education records includes:
1. Your right to a response from the school division to your reasonable requests for
explanations and interpretations of the records;
2. Your right to request that the school division provide copies of the records if you cannot
effectively inspect and review the records unless you receive those copies; and
3. Your right to have your representative inspect and review the records.
The school division may presume that you have authority to inspect and review records relating
to your child unless advised that you do not have the authority under applicable Virginia law
governing such matters as guardianship, or separation and divorce.
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If your child’s education record is seen by someone other than you, or an
employee of the school division, the school that maintains your child’s record
must keep a record of who saw your child’s record, and when and why they
reviewed it.
Each school division must keep a record of parties obtaining access to education records
collected, maintained, or used under the IDEA (except access by parents and authorized
employees of the school division), including the name of the party, the date access was given,
and the purpose for which the party is authorized to use the records.
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These provisions regarding records apply to “participating agencies.” “Participating agency” means any
school division, agency or institution that collects, maintains, or uses personally identifiable information,
or from which information is obtained, under Part B of the IDEA. However, since this document focuses
on the parent’s involvement with the local school division, the term “local school division” is used, rather
than “participating agency”.
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SS/SE-4 (6/16)

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