Can I Record an IEP Meeting in New Jersey?
Parents of students with special needs may wish to record their meetings with school officials when drafting an individualized education program (IEP). Documentation is important for parents if they need to review what happened later or resolve disputes over what was said. But what does the law in New Jersey say about recording IEP meetings?
What is an IEP Meeting?
An IEP meeting is a proceeding in which the parents or guardians of a student with special needs design an instructional plan with school officials. The purpose is to ensure the child receives a free appropriate public education (FAPE). Meetings are intended to establish, review, or revise a student’s IEP, which details the services and accommodations that the student will receive.
New Jersey Laws on Recordings
Under New Jersey’s Special Education Law, participants in an IEP meeting are entitled to record the proceedings. N.J.A.C. 6A:14-2.3(k)(8) states that participants may use an audio-tape recorder during an IEP meeting as long as notice is provided to all other participants before the start of the meeting. Notice is not required hours or days before the meeting. Instead, you only need to state right before the meeting starts that you intend to record.
Should I Record the IEP Meeting?
It is generally advisable to record every IEP meeting. If school officials try to bar you from recording the meeting, you can politely show them the law gives you the right to record with proper notice.
What Kind of Recording Is Allowed?
New Jersey law permits the recording of an IEP meeting by all participants, each of whom may make a separate recording. Thus, while the law only requires you to provide notice before an IEP meeting starts, it is often considered good practice to provide the school district with advance notice so they can have their own recording equipment at the meeting.
Why is it a Good Idea to Record the IEP Meeting?
Recording IEP meetings is a good idea because it gives parents a complete record of what happened during the meeting. This can allow parents to revisit the discussion and fully understand the details of their child’s IEP. Recordings can be especially useful for parents who do not speak English fluently, have trouble remembering what was said, or feel overwhelmed by the proceedings.
IEPs are legally binding. If the school does not comply with the terms of the IEP, a recording can be valuable evidence showing where the school fell short in meeting your child’s needs. Notify the administration of the violations and keep records of all communications. This information will be crucial if you need to hire a special education lawyer later.
How to Record a Meeting
New Jersey law permits any type of audio-tape recording. Today, parents should be able to record an IEP with a recording device or an audio recording app on their smartphone.
Contact a New Jersey Special Education Attorney
If you are pursuing an IEP for your child, reach out to a New Jersey special education attorney to learn more about your family’s legal rights. Contact Susan Clark Law Group LLC today for a free consultation.
