Does a teacher or service provider have the right to refuse to be recorded during an IEP meeting? Is there caselaw or code that deals with this?
An IEP meeting should focus on how to provide appropriate education to a child with a disability. There should be no conversation at an IEP meeting that cannot be repeated or taped.
We are not aware of any law about a teacher or parent’s right not to be recorded during an IEP meeting.
Federal law does not prohibit a parent or school official from recording IEP meetings. State departments of education or school districts can require, prohibit, limit, or regulate the use of recording devices at IEP meetings.
But, if a school has a policy that prohibits parents from recording meetings, that policy must include exceptions to ensure that parents understand the IEP.
The district must make exceptions if this policy interferes with a parent’s ability to participate in the IEP process.
- If the policy prevents parents from participating in an IEP meeting
- If both parents are unable to attend the meeting
- Other factors that interfere with parental rights
Many states have language in their special ed regulations about their policy on audio- and videotaping. Check your state’s regulation about recording. Schools cannot record meetings while prohibiting parents from recording.
OSEP refers to Appendix A of the final regulations implementing the 1997
Individuals with Disabilities Education Act (IDEA 1997) as the Department’s current position regarding the audio or video tape recording of IEP meetings.
“Part B does not address the use of audio or video recording devices at IEP
meetings, and no other Federal statute either authorizes or prohibits the
recording of an IEP meeting by either a parent or a school official.”
See the OSEP policy letter (2003) and OSEP memorandum (1991) at http://www.ed.gov/policy/speced/guid/idea/letters/2003-2/redact060403iep2q2003.pdf
The OSEP memo cites cases where courts have held that parents have a right to tape record their child’s IEP meeting.
More articles on tape recording meetings:
How and Why to Tape Record Meetings
http://www.wrightslaw.com/info/advo.tips.mtgs.tape.palmer.htm
http://www.wrightslaw.com/info/iep.tips.taping.eason.htm
Tags: Advocacy · IEP Meetings · IEPs · Parental Rights14 Comments
14 responses so far ↓
Sixth Circuit has recently decided that a school district, by virtue of a collective bargaining agreement, has a policy preventing parents from tape recording IEP meetings. (The collective bargaining agreement does not address IEP meetings rather it discusses visits to the classroom). The case was decided on 3/11/11 and is captioned Glenn Horen v. Board of Education of the City of Toledo School Dist.
case law no; SE-1992-2007 Toledo OH Impartial hearing officer rules: NO TAPING if school district says no
What about an individual’s constitutional right to say No I do not wish to be taped?
The Pennsylvania crimes code makes the recording of a meeting wihout all parties approval a 3rd class felony. Please comment.
One of the IEP members did not want to be tape recorded. I said that was fine but they had to find someone else to take their place with the same qualifications they had and they will consent to being tape recorded.
I have advocated to clients/parents for several years to tape record their IEP/PPT meetings. I have also instructed the parents/clients to write and request copies of the district’s recordings. It has proven many times over that much of what was said in these meetings was either missed or required review for clarification.
One regret I have is that I didn’t from the beginning have our district’s tapes transcribed. During our due process, it would have been very beneficial to do so. The cost in transcription would have been spread out over the course of a few years instead of a few months. Court appointed transcription in Connecticut is a costly affair.
As long as you give written notice of intent to record, there should not be any problem. My favorite mantra when dealing with this type of issue is “policies are not laws”. I have had to remind district personell of this many times when presented with “questionable” policies. I ask for “laws, not policies” and they usually do not have any sort of response,
FYI – This issue is currently before the 6th Circuit in Toledo Public Schools v. Horens. Fed. Judge James Carr ruled the school could stop parents from tape recording IEP meetings b/c a union contract between the district and the teachers’ union prohibited video/audio taping during a school visit without the teacher’s permission. Though Mrs. Horen is an attorney, and parents tried to find an attorney to represent them, no attorney would put themselves in front of Judge Carr (who hates pro se parents). The state of the law in this area now. – no tape recording. Parents are forced to try to fight this themselves in the 6th circuit – briefs due early December 2009.
If the school wants to reschedule, it often takes time to get everyone back together. If this happens again, offer to provide the school with a duplicate copy of your recording.
My school district said the 504 meeting would have to be rescheduled because they needed to have their own recording equipment, which wasn’t working at the time. But they didn’t disallow it.
We tape recorded our early IEP meetings and said “a friend suggested it to be free to listen and not have to get distracted trying to take good notes” – the idea was to put the district on notice that they were being recorded.
The “friend” was our attorney who advised us on our rights. We were fortunate that we never had to mention that we had been advised by an attorney. Maybe the district sensed we knew our rights by our actions and words, but it isn’t always that easy.
Jon Singer
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Drive For Rebecca, Inc.
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I think in California, we can’t record people without their permission. I doubt they would give their permission but I sure would like to record the next IEP…..
On July 27, 2009, the OCR wrote regarding the high school not allowing us to tape a re-evaluation meeting: “This VDOE regulation was silent as to whether re-evaluation meetings may be recorded by either the parent(s) or school.”
What about videotaping? My school district refused it!