A lot happens at an IEP meeting and there is a tremendous amount of information that is shared. Keeping all of it straight can be difficult, but is it legal to record an IEP meeting?
For parents who are new to the special education and IEP process, recording an IEP meeting might seem like the best way to have an audio version of what was said that they can refer back to at a later date. However, can a school refuse to allow parents to record the meeting?
Let’s look at the law to understand the school’s responsibility and rights when it comes to allowing parents to record an IEP meeting.
The Legalities of Recording an IEP Meeting
Unlike most other things regarding IEPs and special education, there is no direct federal law about recording – or not recording – an IEP meeting. Instead, school districts are given the right to allow or prohibit the recording of the meeting depending on their policies.
If a school district prohibits the recording of the meeting, they must ensure that the parents completely understand the IEP and how it will be implemented. In fact, the United States Department of Education’s Office of Special Education and Rehabilitation’s position is:
“If a public agency has a policy that prohibits or limits the use of recording devices at IEP meetings, that policy must provide for exceptions if they are necessary to ensure that the parent understands the IEP or the IEP process or to implement other parental fights guaranteed under Part B. An SEA or school district that adopts a rule regulating the tape recording of IEP meetings also should ensure that it is uniformly applied.”
In other words, the onus is on the school district to make sure that there is no question as to what the IEP entails if they prohibit recording.
However, a district that prohibits recording an IEP meeting should raise red flags as there should be nothing said in an IEP meeting that would be inappropriate to record. If your school district indicates that parents or administrators can not record the meeting, it may be best to suggest that the parents bring an advocate.
Why IEP Meetings Should be Recorded
Not only is it a good idea for parents to record an IEP meeting, especially if their child has complicated needs, but it is also a good idea for administrators and teachers to record the meeting as well.
The recording gives families a chance to review what was discussed and make sure that they understand what services, accommodations, and modifications their children will receive. It is helpful for parents whose primary language is not English, those who have difficulty concentrating, or those families who just want to be able to go over the discussions again.
For teachers and admins, recording the IEP meetings allows them to have a record of what was discussed and hear the family’s opinions, concerns, and any objections.
Asking to record an IEP meeting does not need to be seen as a contentious or aggressive move. It is simply a way for all parties involved to review what was said and make sure that everyone is on the same page.