Yes. Parents/Guardians/Other Education Rights Holders may use an audiotape recorder to record an IEP meeting, even without the school district’s permission, as long as the parents/guardians/other education rights holders 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/guardian/other education rights holder. However, the district cannot tape record the meeting if the parent/guardian/other education rights holder objects. If the parent/guardian/other education rights holder objects to the district tape recording, then there can be no tape recording of the meeting by either the district or the parent/guardian/other education rights holder.^[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.^[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.^[3]

1. Cal. Ed. Code Sec. 56341.1(g)(1).[↩]
2. 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).[↩]
3. 34 C.F.R. Secs. 99.10 – 99.22; Cal Ed. Code Sec. 56341.1(g)(2)(A) & (B).[↩]