IEP and Section 504 meetings are the time when a student’s educational roadmap is hashed out for the upcoming year. They are long and information-packed, as you would expect from such an important meeting, and school staff, parents/guardians, and the students themselves work together as a team to make the best decisions for the student’s journey. Recently, there has been a law passed that says school districts cannot prohibit families recording these meetings. We are waiting to see how CPS amends their previous policy.
COMMON QUESTIONS & ANSWERS ABOUT RECORDING
Can I record my child’s IEP or 504 meeting?
Yes! Thanks to a new law, all Missouri families are able to openly record these meetings.
How do I give notice that I will be recording?
You need to let the school know, in writing, at least 24 hours in advance of your meeting that you plan to record. A simple letter or email is fine, such as below:
Dear LEA,
This letter is to inform you that I will be recording the meeting for ____Student Name____ which will be held on _____Date of Meeting_____, as permitted under Missouri statute 162.686.
Thank you,
Parent or Guardian
This is a recent change?
Yes. Despite Missouri being a one-party consent state, for years CPS had a policy that prohibited recording of special education meetings by parents or school. Members of CoMO SEPTA asked the school board to change the policy to allow recording. When they declined, a state-wide disability rights group, MoDE, brought it to the capitol. With overwhelming bipartisan support, a law stating that districts could not prohibit recording was signed in the summer of 2021.
Why did parents want this recording policy to be changed?
Parents want an accurate record of discussion surrounding decisions. These meetings are confusing and intimidating. For parents, it is emotional so having a recording allows them to go back and listen when they aren’t as upset about what their child can’t do. The number of school staff present at these meetings can be as great as 12 to 1 and for some families these meetings can take place over multiple days and last as long as 5 hours. Many parents want the recording to aid them in understanding the IEP and/or 504 plan. As many as 50% of parents have the same disability as their children. Many of these parents are uncomfortable talking openly about their disability status. CPS being in possession of personal health information of parents also increases HIPAA risk with little benefit. There are a lot of parents who have trouble reading, writing, and processing information.
Having a recording helps them play back the conversation, take notes, and then work on developing future goals for their child’s educational plan. Recording could alleviate the need for additional meetings needed for clarification and recording could help resolve disputes about what should go in the IEP/504 document.
Recently a parent wanted to record because she wanted her son to listen to parts of the recording so that with respect to his behavior problems at school he would know that both she and the teachers agreed on what should happen. She was prevented from recording and felt that this inhibited her ability to speak frankly with her son about the fact that she and the teachers agreed on how his behavior should have been handled.
Children with disabilities grow up to be adults with disabilities. It is important to teach them responsibility and to learn to advocate for what they need. Recording is a tool that would help middle and high school students learn how to advocate for themselves. Many parents have expressed that if they had a recording they would play parts of the recording to their child in order to transition them into being part of these special education meetings. High school students should have a larger stake in running their own special education meetings and recording is a way to facilitate independence and help kids learn to advocate for themselves.
How will this benefit teachers?
Recordings could be used when a teacher can’t be present at the meeting but needs to listen to the recording later to get caught up on what’s going on with a particular student. Recordings will help resolve disputes between parents and teachers, and between two staff members in these meetings about what should go in the document. If a parent sues then districts have a recording that they can use in court. Recording promotes active listening. It can also be used for new staff coming in to the district who now have kids with IEPs/504s in their classroom.
Do other states allow recording?
Yes. The vast majority of states already allowed recording of special education meetings by parents.
If the paper IEP/504 document governs then why did we need a recording?
The documents focus on the decision; not the discussion about how accommodations are going to be implemented. A recording serves as an accurate record for both sides about what was discussed, agreed to and not agreed to.