Are you the parent of a child with autism? Are you the parent of a
child receiving special education services? Would you like to learn
parenting tips that will help you become an equal participant in your
child’s Individual Education Plan (IEP) meeting? This article will
discuss 3 ways that tape recording can help you in advocating for an
appropriate education for your child with a disability
3 ways to use tape recording:
1. Tape recording can allow you to focus on what is happening during
the meeting, rather than focusing on taking notes. Listen to
everything that is going on, and do write down important things. Speak
up and give your opinion as often as you need to, for the benefit of
your child.
2. If an IEP meeting is tape recorded, you will be able to go over it
at a later time, and fill in your notes. It will also allow you to
remember things that may have happened that you missed. IEP meetings
can be adversarial. A tape recording allows you to listen to the
interactions in the privacy of your own home.
3. Tape recordings of IEP meetings can be used as evidence at a due
process hearing. In order to use a tape recording, as evidence, it
will have to be transcribed. Tape recorders should be digital, and
powerful enough to pick up several different people’s voices.
A lot of special education personnel become very resistant when
parents want to tape record IEP meetings. Below is an interpretation
of tape recording under IDEA, by the Office of Special Education
Programs (OSEP).
OSEP published its question #12 opinion in the Federal Register Volume
57, No. 183, Sept. 29, 1992 interpreting tape recording IEP meetings
and stated “that it is permissible to tape IEP meetings at the option
of either the parents or the agency.”
There have also been several law suits that have given parents the
right to tape record IEP meetings. One of these court cases in
Connecticut V.W. v. Favolise had the court reason that parents have a
statutory right, to attend and participate in IEP meetings, and the
district could not legally engage in an act to limit the parents
rights.
If special education personnel refuse to allow you to tape record,
because they say that they have a district policy, ask for a written
copy of the policy. OSEP in a memorandum 91-24 July 18, 1991 stated
“Thus any policy limiting or prohibiting a parent’s right to tape
record the proceedings at an IEP meeting must provide for exceptions
if they are necessary to ensure that the parent is able to understand
the proceedings at the IEP meeting. . .” Ask your school district for
an exception, so that you can understand the IEP meeting.
With the written policy in hand, cancel the IEP meeting, and send a
state complaint to your state department of education. Tell them that
you asked school personnel for an exception and they refused. The
state will have 60 days to resolve your complaint.
Tape recording can help you be an active participant in your child’s
IEP meeting. Your child is depending on your help, do not let them
down.
By: JoAnn Collins
