Recording IEP Meetings in New Jersey
The question of whether and under what circumstances parents can record an IEP meeting in New Jersey comes up a lot. I often see well meaning parents posting in Facebook groups what they mistakenly believe to be the law. This is understandable considering I’ve seen board attorneys at IEP meetings tell parents that they cannot record because they didn’t submit written notice the day before the meeting. Interestingly, the law does not require parents to give notice in writing, nor does it require notice be any set number of hours or days in advance of the IEP meeting. Here’s exactly what the law requires:
The New Jersey Special Education Law at N.J.A.C. 6A:14-2.3(k)(8) provides: “Participants at the IEP meeting shall be allowed to use an audio-tape recorder during the meeting provided notice is given to the other participants prior to the start of the meeting that such a device is being utilized.”
The district too will want to record the meeting if the parents are recording; and will appreciate enough advance notice that they have a recorder on hand when the meeting is expected to start. As a matter of courtesy, it is a good practice to send an email before you head to the meeting so there is no delay. However, there is no legal requirement that you do so. Simply saying “I am recording the meeting” when you get there and before the meeting starts is sufficient notice.
It is always a good idea to record the meeting. An accurate account of exactly what transpired can be helpful in a variety of ways. If you need help navigating the process of obtaining a Free Appropriate Public Education for your child, Lori E. Arons, Esq. is available help. Contact Lori today by calling 201-388-9533 or by using the Contact Us form.