Can I Record an IEP Meeting in Virginia?

Short version: Virginia's special education regulations (8VAC20-81-170 J) say school divisions shall permit parents to audio record meetings held to decide eligibility, to write or change an IEP, and to review discipline. You tell the school in writing before the meeting, and you bring your own phone or recorder.

Which meetings you can audio record

Eligibility meetings, where the team decides if your child qualifies for special education (8VAC20-81-80).
IEP meetings to develop, review, or revise your child's IEP (8VAC20-81-110 F).
Discipline review meetings, such as a manifestation determination after removals (8VAC20-81-160 D). See after a suspension.

For other meetings, like a quick teacher check-in or a child study or screening meeting, your division may have its own policy. It's fine to ask.

How to give notice

The rule says the parent tells the school in writing before the meeting that they will audio record (unless the parent cannot write in English). An email to the case manager or the person who sent the meeting invitation works well and leaves a dated record. If you record without telling them, you must give the school a copy of the recording.

Subject: Audio recording at [child's name]'s meeting on [date]

Hi [case manager's name],

Thank you for scheduling [child's name]'s [eligibility / IEP / review] meeting on [date] at [time]. I'm writing to let you know I plan to audio record the meeting, as allowed under 8VAC20-81-170 J, so I can focus on the conversation and review it later. I'll bring my own device.

Thank you,
[Your name]
[Phone]

What the school can and can't limit

A division can have a policy that prohibits, limits, or regulates video recording at these meetings, and audio or video at other meetings.
Any such policy has to apply to everyone the same way, and recordings become part of the child's educational record.
If a policy bans recording, it must allow an exception when one is needed for a parent to understand the IEP or the special education process.
If the school records the meeting, or you give them a copy of yours, that recording becomes part of your child's educational record. You can ask to review your child's records; under 8VAC20-81-170 G the school must respond without unnecessary delay, before an IEP meeting or hearing, and no later than 45 calendar days after you ask.

Tips that keep things calm

Say it simply at the start: "Just so everyone knows, I'm recording so I don't miss anything." Most teams are used to it.
Recording isn't a replacement for notes. Jot down decisions, dates and who will do what, and ask for the draft IEP and prior written notice afterward.
Name the date and length of the recording in your own log, so you can find the part you need later.
If you share custody, share notes and dates with the other parent too. See IEP communication tips for co-parents.

Sources

Questions parents ask

Can I record an IEP meeting in Virginia?

Yes. Under 8VAC20-81-170 J, school divisions must allow parents to audio record eligibility meetings, IEP meetings, and discipline review meetings. Tell the school in writing before the meeting that you plan to record.

Do I have to tell the school before I record?

Yes. The regulation says the parent informs the school in writing before the meeting, unless the parent cannot write in English. If you don't give notice, you must give the school a copy of the recording.

Can the school ban video recording?

A school division may have a policy that prohibits, limits, or regulates video recording at these meetings, and audio or video recording at other meetings. Any ban must allow exceptions when needed for a parent to understand the IEP or the process.

Does my recording become part of my child's record?

If the school records the meeting or receives a copy of your recording, that recording becomes part of your child's educational record.

More Virginia guides

All Virginia guides · Evaluation timeline · Request letter · 504 vs IEP · Glossary · IEP meeting checklist

Not legal advice. This page shares general information about Virginia special education rules as we read them on November 9, 2026. It is not legal advice. Rules change and school divisions vary, and other laws may apply to recording in some situations. For help with your situation, contact PEATC (Virginia's Parent Training and Information Center), the VDOE Parent Ombudsman for Special Education, or a special education attorney or advocate.