Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 7
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44The federal law and regulations governing special education leave it to the states to determine
the provisions, if any, for parents to audio or video record meetings related to their children’s
special education program. Virginia’s special education regulations include provisions under
Procedural Safeguards that define these requirements.
You may audio record meetings involving your child’s eligibility; IEP; and/or to review
discipline matters.
• You must inform your school’s personnel in writing before the meeting that you will be
audio recording the meeting. If you do not inform school personnel of this action, you must
provide them with a copy of the audio recording.
• You are responsible for your own audio equipment and materials for audio recording.
• If school personnel audio records the meeting or receives a copy of your audio recording, the
audio recording becomes a part of your child’s educational record.
The school division may have polices that prohibit, limit, or otherwise regulate the use of:
• Video recording devices at meetings; or
• Audio or video recording devices at meetings other than those meetings identified above.
The school division’s policies must:
• stipulate that the recordings become part of the child’s educational record.
• ensure that the policy is uniformly applied.
If the policy prohibits the use of the devices, the policy must provide for exceptions if they are
necessary to ensure that the parent understands the IEP, the special education process, or to
implement other parental rights under the laws and regulations governing special education.
P
C
– D
ARENTAL
ONSENT
EFINITION
You have the right to allow information to be shared or certain actions to be
taken, and you must be told of that right in a language you understand. You
have the right to take away (revoke) your consent.
Consent
Consent means:
1. You have been fully informed in your native language or other mode of communication
(such as sign language, Braille, or oral communication) of all information about the
action for which you are giving consent.
2. You understand and agree in writing to that action, and the consent describes that action
and lists the records (if any) that will be released and to whom; and
3. You understand that the consent is voluntary on your part and you may withdraw your
consent at any time. Your withdrawal of consent does not negate (undo) an action that
has occurred after you gave your consent and before you withdrew it.
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