Monday, July 21, 2014

Can you Record an IEP meeting?


 
Parents May Now Be Able to Record IEP Meetings Without Consent

 
"The relevant state statute was materially changed on March 20, 2014 by the Illinois Supreme Court"
While recording an IEP meeting or other school meeting has not been strictly prohibited in the past, it was limited to meetings in which all participants consented or someone needed to record because of a disability.

This was the result of an Illinois law commonly referred to as the "eavesdropping statute" wherein, in part, it was illegal to record a conversation without the consent of all the parties to that conversation or electronic communication.

voice-memo 2In other words, if even one member of the IEP team objected, the meeting could not be recorded.  That eavesdropping statute was materially changed on March 20, 2014 by the Illinois Supreme Court.

In People v. Clark, the Court held that the “recording” section of the eavesdropping statute was an unconstitutional violation of the First Amendment.  What that means is that, at least for the moment, a school district cannot invoke the Illinois eavesdropping statute as a means to prevent parents from recording an IEP meeting.

To read the full opinion of the Illinois Supreme Court, click here. If you are interested in recording your IEP meeting and your school district says no, Cahill & Associates can help.

 

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