Note: This post is primarily written from the perspective of attendance in a virtual meeting. As an advocate, my practice is held exclusively this way for a variety of reasons. However, many of the tips and the information in this post can also apply to in person IEP meetings.
If your child attends a California public school, you have the right to record your IEP team meeting with 24 hour notification to the school district (CA Ed Code § 56341.1(g)(1)). Many parents/guardians are unaware of this right, but it’s an important right to exercise. Why is this important? For a few reasons such as:
– In an IEP meeting there is such a large amount of information presented, including data points and discussion. As a parent/guardian it can be challenging to take notes, pay attention to all that is being said, formulate questions, document answers and advocate for your child. Oh and let’s not forget all the confusing EduSpeak! Recording the meeting allows you to listen to the meeting, or portions of it later to review sections that were confusing or that you missed.
– Documentation. Period. No other way to say it. Sometimes in meetings things are said that may be a violation of your child’s rights, demonstrate your child’s IEP is not being followed and otherwise are shared by a team member as an item that needs to be addressed in a state or federal complaint and a meeting transcript is needed for the complaint.
– Meetings can be confusing when trying to remember who said what. Recording solves that dilemma.
In California, IEP meeting recording falls under the two party consent recording laws. This means in general, that if you want to record the meeting you must notify the other party that you wish to do so. The other party has the right to say they do not want to be recorded. In an IEP meeting you have the right as a parent to record the IEP meeting (meaning the district cannot tell you no) but there are some requirements:
- You must notify the school/district that you will be recording your meeting at least 24 hours in advance of the meeting in writing. Do this in an email ALWAYS so that you have a record of when you notified them. This is very important, because it is not unusual to arrive at the meeting prepared to record and the staff seem to be unaware that you provided notification. With an email notification, you can simply pull that email up and show the time/date you notified and that is good enough to proceed with your right to record the meeting. Also notify that you are recording on the IEP Team Meeting Notice itself. The notice will have a section that states, “If you wish to audio tape this meeting, you must provide 24 hour notice, we may also audio tape the meeting.” Right underneath that, just write in that you will be recording the meeting. When you return your signed meeting notice, ask for a receipt.
- The district/school may also record the meeting. If you record, they should record and that is a good thing. You want that. Here’s why: that recording of your child’s IEP team meeting is now part of their educational record, and you may need this recording. Under FERPA you have the right to request and receive that recording.
- Set up a recording device of some kind for your meeting such as the record button on your computer, an app or even a simple recording device.
Now that you have notified the school and/or district that you are recording, filled out your IEP team meeting notice and you are ready for your meeting, let’s talk about recording your meeting under virtual conditions.
Understand the virtual platform being used.
Most school districts are using either Google Meet or Zoom.
Mobile or Computer: Both Google Meet and Zoom are available for both your mobile device or your computer.
Free or Paid Version: Because the meeting is set up by the district, they are the host of the meeting. You will not need to worry about having a paid account to use either service. You will not be limited in your time to participate if you are a participant and not the host of the meeting. So do not feel compelled to sign up for either account beyond a free version.
AI Note taking features: Both Google Meet and Zoom have AI companion features for note taking in the meeting that provide an AI summary of the meeting. In my experience often the district meeting host will either turn this feature off or will ask you if it is okay to leave it on. Feel free to speak up if you are not comfortable with the AI feature being left on. As a meeting participant you have the right to determine if you are comfortable with that feature being used or not. If you do allow it to be on, request a copy of the AI note taking summary as a FERPA request.
Captioning for the hearing impaired: Both can enable real time captioning for participants with hearing loss.
Simultaneous Translation Services: Both Google Meet and Zoom provide the necessary access and support for language translation. If you need translation services, please also notify the district in advance of this need. Make sure before the meeting begins that translation services are ready and all technology necessary to support translation services is enabled. NOTE: Language justice matters A LOT in an IEP meeting. Not all special education terminology and language translates literally and can be incorrect with electronic translation. Reach out in advance of the meeting to the district and ensure they know you need QUALITY and ACCURATE translation services in the meeting. This means that best practice would be that the district provide an interpreter in the meeting and not rely on the built in translation feature in Google and Zoom.
Recording the Meeting: Recording is a feature available for both Google Meet and Zoom. However, their features are not the same and this is where it becomes important to know and understand the difference between the two. Additionally, this recording feature in virtual IEP meetings typically is one that the district as the host maintains. It has been my experience that the district will not enable a recording feature for attendees. Be prepared to have an outside recording device or app ready to go on your end.
Audio Record Only: Most districts have not included the video recording of staff in their union negotiations, which allows staff to enact their right to not be video recorded. Staff do not have the option to “opt out” of an audio recording of an IEP meeting. As an advocate I have arrived in a few IEP meetings and made the request for the recording to begin, only to have staff try to “opt out” of the recording. If this happens, politely remind the administrator in the meeting that you are only audio recording the meeting and it is within your right as you provided 24 advance notice. Allow the meeting administrator to manage staff expectations. If for any reason the meeting administrator does not uphold your right to audio record the meeting, you have the right to cancel the meeting and request it be rescheduled after the district consults with it’s attorney to confirm your right to audio record the IEP meeting.
When the meeting is over, I recommend storing your copy of the recording in a cloud so that it will not be lost or destroyed if your computer is damaged.
What if the district refuses to provide their copy of the virtual meeting recording?
Districts are not required to record the meeting just because you are. However, their legal departments typically instruct staff to do so as a best practice. Districts like to make sure that if you have a recording of the meeting, they have one as well. It is important to remember that there is always a possibility they did not record, so don’t count on that happening and fail to record yourself. If you do wish to have a copy of their recording, simply email the district Special Education Director and remind the district this is a FERPA request and that this recording is part of your child’s educational record. California law requires that educational records are provided within 5 days of the request by the parent/guardian. Your right to your student’s educational records fall under California Education Code §56504, the IDEA, 20 U.S.C. §1415(b)(1), and under FERPA (Family Educational Rights and Privacy Act), 20 U.S.C. §1232g.
If the district continues to refuse to provide the recording after the 5th day of your request, file a complaint with the California Department of Education, who can step in and remind the district of their obligation to provide the requested educational record to the parent.
Obviously the goal in recording your child’s IEP meeting is not to be contentious or combative with the school or the school district. It is important to always work as a team for the educational benefit of the child. However, recording the meeting is your right and it is an important right to exercise for all the reasons outlined in this post. Recording the meeting preserves the information for all, and it should never be seen as adversarial and all parents in states that allow recording should simply make it their best practice and habit.
