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Author Topic: Is there any law that says parents must be allowed to tape record a 504 meeting?  (Read 6317 times)

Description: District will not allow me to

Offline 504 Mom

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Hi, I am hoping someone has some sort of resource saying that parents have the legal right to tape record the 504 meeting.  I looked at Wrightslaw.com and it was discussed, but I could not find anything saying that parents absolutely have that right.  I have a 504 meeting coming up.  District refuses to allow me to tape record it.  I asked them to show me the district policy on the subject and they said that there is none.  Part of the problem is that apparently 504 is not special ed.  There is district policy in the special ed handbook saying IEP meetings can be tape recorded by the parent with a certain amount of notice, but the district says this does not include 504s and that my child is not special ed because no IEP.  To put this in context, my child has had a 504 for years, but we are having a meeting to revise it.  I, of course, want it recorded in case the district tries to remove needed accomodations.

Thanks!

Online rebekahc

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You may be out of luck due to state law (which would trump local law/policy):

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When must you get permission from everyone involved before recording?

Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington (Hawai'i is also in general a one-party state, but requires two-party consent if the recording device is installed in a private place). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.  In some of these states, it might be enough if all parties to the call or conversation know that you are recording and proceed with the communication anyway, even if they do not voice explicit consent. 
TX - USA
DS - peanut, tree nut, milk, eggs, corn, soy, several meds, many environmentals. Finally back on Xolair!
DD - mystery anaphylaxis, shellfish.
DH - banana/avocado, aspirin.  Asthma.
Me - peanut, tree nut, shellfish, banana/avocado/latex,  some meds.

Offline LinksEtc

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If I find more info, I'll add to this post.

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These may be what you already read, but will post.

http://www.wrightslaw.com/blog/?p=1654. (This is about IEPs, but may still be useful)

http://www.wrightslaw.com/advoc/tips/palmer.meeting.tape.htm

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http://pandasc.org/wp-content/uploads/2011/12/Education-Meeting-Strategies1.pdf

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If a school district refuses to let you bring a tape recorder, you may want to explain to them that it is necessary so that you can understand the meeting.


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http://allergy.hyperboards.com/action/view_topic/topic_id/6486
« Last Edit: January 31, 2013, 09:24:48 AM by LinksEtc »

Offline CMdeux

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  • -- but sometimes the voices have good ideas!
That is the tactic that I would try first-- I might also try adding that you want an "advocate/advisor/other parent" to be able to understand the meeting clearly, as well.

If that doesn't work, ask WHY NOT.  Wait for an answer.

If all else fails, bring a "recorder" who will take extensive notes-- and then pop those notes DIRECTLY into an attachment on an electronic LOU to everyone concerned.

I seldom have a way of recording meetings, but because I'm a zen master at the LOU, most participants have learned to be quite careful what comes out of their mouths at a meeting.  If I'm saying little, it's often because I'm WRITING, and woe betide any administrator to whom I say "That's interesting.  Can you explain that to me?"

Fair warning here-- if you're that worried that they won't let you record, I'm assuming that you have reason to think that you're dealing with weasels (for lack of a more polite term).  Insisting may be seen as pretty confrontational at this point.  Be sure that you can afford to burn this bridge.



Resistance isn't futile.  It's voltage divided by current. 

Western U.S.

Offline ajasfolks2

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As to the "WHY NOT" and their answer -- GET THAT IN WRITING.

Document all you possibly can direct from them . . .

Great advice, otherwise in posts above.

Just tucking this link in here, in event you've not seen or might appreciate some review:

http://www.dphilpotlaw.com/html/record_keeping.html

and related resource thread with some older discussion in our School Resource section:

DOCUMENTING  (cya) 

Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline 504 Mom

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Thanks.  We are in one of the 12 states in one of Rebekahc`s link.  The reason they gave was that everyone at the meeting will not consent, therefore I can`t.  Rebekahc`s link confirms that they apparently told me the truth.  As for why everyone there will not consent, that is a big question mark.
« Last Edit: February 03, 2013, 12:02:06 PM by 504 Mom »

Offline Macabre

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Oh, I'm sorry!

We got a scribe for our meeting.  I let the school know ahead of time (when they'd told me I couldn't record until eligibility was established.  It was basically one meeting, and I didn't record the first half but did the second half.  My scribe is a mediator by trade, and she gave us some great insight on the school folks' body language.  :)
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline ajasfolks2

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Quote
My scribe is a mediator by trade, and she gave us some great insight on the school folks' body language.

THIS is why I wanted to be able to videotape meeting  . . . esp one some years back that DH could not attend and I had to go it alone.

Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

twinturbo

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Oh, I'm sorry!

We got a scribe for our meeting.  I let the school know ahead of time (when they'd told me I couldn't record until eligibility was established.  It was basically one meeting, and I didn't record the first half but did the second half.  My scribe is a mediator by trade, and she gave us some great insight on the school folks' body language.  :)

Any chance you could provide advice on how to hire a scribe because that's flat out brilliant.

Offline Macabre

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:)

She was a friend who went to our church--and who doesn't take anything from anybody--though she was silent during this meeting, of course.  She was old enough to know shorthand--that's what made this workable. She had our full trust not only to handle this mission but to keep everything confidential from others at church.  :yes:

I believe we bought her a bottle of wine as payment.  ;)
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts