Procedural Safeguards in Virginia

What procedural safeguards protect IEP families in Virginia?

Virginia's procedural safeguards are codified in 8VAC20-81-170 and encompass a comprehensive set of protections for parents and children with disabilities. The safeguards notice must be provided to parents at the initial referral for evaluation, upon each notification of an IEP meeting, upon reevaluation of the child, upon receipt of the first state complaint or due process request in a school year, and upon a disciplinary change in placement (8VAC20-81-170.D). Prior written notice (PWN) must be provided before the LEA proposes or refuses to initiate or change the identification, evaluation, educational placement, or provision of FAPE (8VAC20-81-170.C), and must be in language understandable to the general public and in the parent's native language when feasible. Virginia has several procedural safeguards that exceed the federal baseline: (1) parental consent is required before revising an IEP, not just for initial placement (8VAC20-81-170.E.1.d); (2) all-party consent is required to record IEP meetings under VA Code § 19.2-62 (the Virginia Wiretapping Act), meaning all participants must agree before recording occurs; (3) the draft IEP must be provided to parents at least two business days before the IEP meeting if prepared in advance (8VAC20-81-110.B.8). The child's placement must not change during pendency of due process proceedings ('stay-put' provision) (34 CFR 300.518). Virginia also provides surrogate parent protections for children who are wards of the state or whose parents cannot be located (8VAC20-81-220), with a surrogate parent to be appointed within 30 calendar days of determining the need.