Referral to and Prior Virginia Created provision in the 2001-02 Virginia Regulations that action by law Regulations added language to the IDEA regulatory requirement; that enforcement and referral is made consistently for children with disabilities judicial authorities and children without disabilities. Transmission of COV Created provision in the 2001-02 Virginia Regulations that records FERPA incorporated COV, FERPA, and IDEA regulations. Virginia Management 22.1-287.1; 22.1-288.2; 22.1-289. of Student Scholastic Record Virginia Regulations 8 VAC 20-81-170 Procedural safeguards Provisions required to implement IDEA general supervision requirements. Provision Source of Discussion Requirement Parental consent Prior Virginia Long-standing Virginia requirement, since 1980. required for Regulations Historically, strong support throughout previous and change in current public comment periods for inclusion of these identification, parent consent requirements. revisions to IEP; partial or complete termination of services; provide services to transfer students Parental consent FERPA Created provision in the 2001-02 Virginia Regulations that to release student Virginia expanded the IDEA regulatory requirement to include information to Regulations FERPA compliance. public and private insurance companies Parental consent Virginia Created provision in the 2001-02 Virginia Regulations to not required for Regulations incorporate USDOE guidance on issue, clarifying an teacher’s or related instance when parental consent is not required. service provider’s observations or classroom evaluations Confidentiality Prior Virginia Language was in the 1980 Virginia Regulations; deleted in provisions Regulations 1990. Reinserted provision in the 2001-02 Virginia regulations to implement the IDEA regulations. Current Virginia Regulations expanded language to include clarification regarding parent access rights. Parental notice New in 2009-10 Created provision to clarify that the school division is requirement Virginia Regulations required to whatever action is necessary” to ensure “take parental comprehension and ability to participate. This puts higher burden on school division than the federal standard requiring effort”. “reasonable
Referral to and action by law enforcement and judicial authorities Prior Virginia Regulations Created provision in the 2001-02 Virginia Regulations that added language to the IDEA regulatory requirement; that referral is made consistently for children with disabilities and children without disabilities. Transmission of records COV FERPA Virginia Management of Student Scholastic Record Virginia Regulations Created provision in the 2001-02 Virginia Regulations that incorporated COV, FERPA, and IDEA regulations. 22.1-287.1; 22.1-288.2; 22.1-289. 8 VAC 20-81-170 Procedural safeguards Provisions required to implement IDEA general supervision requirements. Provision Source of Requirement Discussion Parental consent required for change in identification, revisions to IEP; partial or complete termination of services; provide services to transfer students Prior Virginia Regulations Long-standing Virginia requirement, since 1980. Historically, strong support throughout previous and current public comment periods for inclusion of these parent consent requirements. Parental consent to release student information to public and private insurance companies FERPA Virginia Regulations Created provision in the 2001-02 Virginia Regulations that expanded the IDEA regulatory requirement to include FERPA compliance. Parental consent not required for teacher’s or related service provider’s observations or classroom evaluations Virginia Regulations Created provision in the 2001-02 Virginia Regulations to incorporate USDOE guidance on issue, clarifying an instance when parental consent is not required. Confidentiality provisions Prior Virginia Regulations Language was in the 1980 Virginia Regulations; deleted in 1990. Reinserted provision in the 2001-02 Virginia regulations to implement the IDEA regulations. Current Virginia Regulations expanded language to include clarification regarding parent access rights. Parental notice requirement New in 2009-10 Virginia Regulations Created provision to clarify that the school division is required to “take whatever action is necessary” to ensure parental comprehension and ability to participate. This puts higher burden on school division than the federal standard requiring “reasonable effort”.
va-508-version-partb-app2018.docx