Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 17
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44H
P
EARING
ROCEDURES
A hearing to challenge information in education records must be conducted according to the
procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA).
In Virginia, school divisions have the option of using the due process hearing procedures as
described in the section of this document, “Due Process Procedures”, or maintain their individual
procedures as long as those procedures conform with FERPA.
R
H
ESULT OF
EARING
You have the right to have your child’s education record changed as a result of
a hearing or to include a statement in the education record noting that you
disagree with information in the record.
If, as a result of the hearing, the information is found to be inaccurate, misleading or otherwise in
violation of the privacy or other rights of your child, the school division must change the
information accordingly and inform you in writing.
If, as a result of the hearing, the information is found not to be inaccurate, misleading, or
otherwise in violation of the privacy or other rights of your child, the school division must
inform you of your right to make a statement commenting on the information or providing any
reasons you disagree with the decision. This statement must be placed in the records that the
school division maintains on your child.
Such an explanation placed in the records of your child must:
1. Be maintained by the school division as part of the records of your child as long as the
record or contested portion is maintained by the school division; and
2. If the school division discloses the records of your child or the challenged portion to any
party, the explanation must also be disclosed to that party.
C
F
D
P
I
I
ONSENT
OR
ISCLOSURE OF
ERSONALLY
DENTIFIABLE
NFORMATION
You have the right to consent to release information that identifies your child.
Your consent is not needed in some circumstances.
Unless the information is contained in education records, and the disclosure is authorized without
parental consent under the Family Educational Rights and Privacy Act (FERPA), your consent
must be obtained before personally identifiable information is disclosed to parties other than
officials of participating agencies. Except under the circumstances specified below, your consent
is not required before personally identifiable information is released to officials of participating
agencies for purposes of meeting a requirement of the IDEA.
14
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