Can IEP Meetings Be Recorded on Audio or Video Recorders?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, there is no federal or state statute or regulation that either authorizes or prohibits the recording of an IEP meeting by either a parent or a school official. The district has the option to require, prohibit, and regulate the use of recording devices at IEP meetings. If there is a local policy that prohibits or limits the use of recording devices at IEP meetings, that policy must provide for exceptions if they are necessary to ensure that the parent understands the IEP or the IEP process or to ensure parental rights guaranteeed under Part B. If a policy is adopted by a LEA it should also ensure that it is uniformly applied. Additionally, any recording of an IEP meeting maintained by the school is an "education record" within the meaning of the Family Educational Rights and Privacy Act ("FERPA": 20 U.S.C. 1232g.), and is subject to the confidentiality requirements of both FERPA and IDEA.)

In Oconee County, most meetings are not recorded. If a parent, agency representative, or other team member not affiliated with the school district chooses to record the meeting, the LEA or other school representative at the meeting should also record. If a recorder is not available, the meeting should be postponed until one can be located.