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(4.53) Can I tape record an IEP meeting?

(4.53) Can I tape record an IEP meeting?

Yes. Parents may use an audiotape recorder to record an IEP meeting, even without the school district’s permission, as long as the parents give the school district 24 hours’ notice of their intention to do so. Similarly, a school district may tape record a meeting with 24 hours’ notice to the parent. However, the district cannot tape record the meeting if the parent objects. If the parent objects to the district tape recording, then there can be no tape recording of the meeting by either the district or the parent. [Cal. Ed. Code Sec. 56341.1(g)(1).]

Under federal and state law, audio tape recordings made by the school district are subject to the confidentiality provisions of the Family Educational

Rights and Privacy Act of 1974. [20 U.S.C. Secs. 1232g(a)(4) & (b)(2); 34 C.F.R. Secs. 300.610 – 300.626; Cal. Ed. Code Sec. 56341.1(g)(2).] In addition, you have the right:

  1. To inspect and review district-made tape recordings;
  2. To request that the tape recordings be amended if you believe that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs; and
  3. To challenge, in a hearing, information that you believe is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. [34 C.F.R. Secs. 99.10 – 99.22; Cal Ed. Code Sec. 56341.1(g)(2)(A) & (B).]