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.
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