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IEP FAQs: How Can I Correct Errors in the Record?

08/27/08
by Wrightslaw

I record all school meetings. At the last meeting, the team brought in a “note taker” for the first time. I requested a copy of these notes. When I reviewed them, they included incorrect and false statements, and information about events at previous meetings.What can I do to correct these notes and/or remove them from my son’s record?

The procedures about how IEPs are developed differ from state to state. There is no requirement in the federal law or federal regulations that an IEP include “minutes or deliberations or notes” so this is probably a local policy. If the school has minutes, notes, or other documentation from IEP meetings, these notes and minutes are part of your child’s record and available to you.

What should you do to set the record straight?

As a parent, you have to pick your battles. If the notes contain incorrect information, or do not include important information or discussions, you need to write a letter or statement to correct the record. Your letter should include examples of these errors and a request that the record be corrected. Explain that the meeting was recorded so it should not be difficult to correct the errors. Your letter will become part of your child’s education record.

Since you recorded the meeting, your recording is the best evidence of what was discussed and not discussed. You can provide the team with a copy of your recording to help them correct the errors. If the school has a copy of your recording, that will also become part of your child’s record. If you have a problem later that cannot be resolved informally, and you need to request a due process hearing, this documentation will be very useful as evidence. If you take these steps now, the district may abandon the idea of bringing a note-taker to your meetings in the future.

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18 Comments on "IEP FAQs: How Can I Correct Errors in the Record?"


M
09/12/2013

The fact that there was a note taker doesn’t seem like that big of a deal. Someone in our meetings is always taking notes for the minutes. Have them read the notes aloud or let you review them before you sign the paperwork. You can also request changes after the fact. I’ve done so and it hasn’t been a big deal.

Belinda
09/11/2013

In the future, you can bring a tape recorder, place it on the table, and inform everyone that you will be recording the meeting.

eulenasells
09/11/2013

In everyone of our IEP meetings there has always been a note taker. As stated from another comment I as the grandmother have noticed that several comments I have made were left out. My grandson is 6yrs. mainstreamed first grade – has already been suspended within his first month of school. Behavioral probs. main issue. Ped. Neuro. plus psychiatrist have sent scripts for ABA- speech. Was asked @ last meeting why was ABA needed? so far he has bitten 3 children… doesn’t have the behavioral therapy ….. have an advocate , small county school, just wants to send him home. Topped out on Readwell , Stanford tests also. Mom single parent -husband divorced her. Lol as my grandson says there is Nuffin in this town that will help him !!!!!!! tks

Sharon L.
10/16/2011

Jill I would get an IEP meeting together with your niece to discuss the issues. It is difficult to lie if everyone is in the room and you can find out what is going on. If there is a behavior issue you can request a behavioral assessment from the school, be sure to sign their consent form after you formally request it in writing and within 60 days they should have the assessment done. You can request a DRAFT version ahead of time to review and talk to a professional about it if you want. If you do not agree you can have an outside professional perform an evaluation at the school’s expense. If it is determined that there is a behavior issue then a plan is put in place and added to the IEP. Once this is added the staff must follow the plan and your niece cannot be penalized for them not following it.

Sharon L.
10/16/2011

Julie I always take a digital tape recorder to my IEP meetings. I tell the school ahead of time in case they want to tape the meetings as well. This way there is no doubt as to what people say. Usually the tone of the meeting is better and it goes faster and more efficiently. You will get less lying and false statements if the meeting is tape recorded. We have never had a refusal to do this. I always tell them I cannot take notes and discuss at the same time. This saves me from taking notes and maybe making a mistake.