Recording an IEP meeting

[Anonymous]

I've researched a bit and find inconsistent answers. What are the rules for recording an IEP meeting in Virginia? Thank you.

[Anonymous]

Virginia is a one party consent state - meaning (and this is NOT legal advice) that you should be able to record the meeting as long as the person recording it is PRESENT in the room. You CANNOT record a conversation that you are not part of.

[Anonymous]

Copied from page 7 of Virginia Procedural Safeguards Notice:

AUDIO AND VIDEO RECORDING
You have the right to audio record meetings involving your child’s eligibility, IEP, and/or to review discipline matters.
You have the right to have information in a language you understand.
If offered by your school division, you have the right to choose to get information by e-mail.

The 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.

[Anonymous]

It is okay, everyone should know that you are recording it.