A while back I mentioned how I requested permission to tape record the IEP meeting, and was told I would not be allowed, because to do so would be felony eavesdropping.
The school principal instructed me to call the legal department if I had any questions regarding the fact that I was being refused permission to tape record my son’s next IEP meeting. The principal declined to discuss it with me “since this is a legal issue versus a policy issue,” and referred me to the legal department.
My first phone call to the legal department was not returned. I left a voicemail message on the evening of March 7th, requesting that she send me the district’s policy prohibiting the tape recording of IEP meetings. I provided my name, address, phone number and email address. There was no response to this voicemail request.
When the paralegal did not return my phone call, and did not forward me the requested district policy, I then contacted the principal again and requested that she send the requested information. During a phone conversation on the morning of March 13th from the principal, I was informed that she had spoken to the paralegal and discussed the fact that I had left a message for the paralegal that had not been returned. Although the paralegal was informed verbally that I had attempted to reach her, I still received no return telephone call from the paralegal.
I telephoned the paralegal on the afternoon of March 13th. The purpose of my telephone call was to again ask her for a copy of the district policy prohibiting the tape recording of IEP meetings. The paralegal instead recited Illinois state law regarding felony eavesdropping. I repeated my request to receive a copy of the district policy prohibiting the tape recording of IEP meetings. She once again recited state law. I then asked her if the district has a policy prohibiting the tape recording of IEP meetings. She replied, “Not in writing.” She went on to say that “the district follows state law, and it's against the law to record a conversation if someone objects.” I told her that I was permitted to tape the first meeting and asked why that permission was being revoked. Again she recited that state law prohibits the tape recording of a meeting if someone objects. I said, as I understand it, state law refers to private conversations, and an IEP is not considered a private conversation. She told me, “I’m not going to argue with you,” and declined to discuss it.
Since it was my intent to gather information and understanding and not to argue, I inquired why I was given permission to tape record the last meeting but was being denied permission to record future meetings. She again stated that it was against state law to tape record a meeting if someone objects. I said that IllinoisSpecialEd.com encourages the taping of IEP meetings and even goes so far as to suggest a brand of tape recording device to use, and asked why they would do so if it was prohibited by state law. The paralegal said, “I’m not going to argue with you. The district follows state law, and state law prohibits the tape recording of a meeting if anyone objects.” I told her that I know of people in Illinois that openly tape their children’s IEP meetings, and asked why it was permissible for them but not for me? She again stated that she wouldn’t argue with me, and repeated that the district follows state law. She said, “We tell any parent that calls that they are not permitted to tape record IEP meetings.”
I explained that the first time I taped a meeting, I requested permission, and they told me that they were not authorized to permit it because the principal was not there and that she was the only one authorized to approve it, and that I would have to ask the principal for permission. When the principal arrived, she granted me permission. “No one had voiced any objections at that time,” I stated. “Why was permission now being revoked?” The paralegal said, “I don’t know. All I know is that the principal received objections from teachers after the meeting, and as long as anyone objects to the meeting being taped, then it is felony eavesdropping.” I asked, “Who is it that is objecting?” The paralegal said, “I don’t know. It doesn’t matter. If anyone objects, you can’t tape. If you do, that violates state law.” I asked why they object to the meeting being tape recorded. She again stated that she wasn’t going to argue with me.
I explained that my husband’s company is under new ownership, and his hours have been changed. He currently leaves for work at 5:15 in the morning, and returns around 5:15 at night, and works Saturdays. He can’t take off of work right now, because the company is under transition, and the business is moving. I depend upon my husband’s opinions, insights and input in order to make decisions regarding our son’s future. Tape recording the meeting made it possible for my husband to actively participate in our son’s academic future. It is also easier for me to participate fully in the meetings when they are taped since I don’t have to take detailed notes. I have arthritis, tendonitis and carpal tunnel in my shoulders, elbows and hands, and taking notes is, at times, quite painful. Taping the meetings was a great help to my family. I asked the paralegal if the school would be able to accommodate my husband’s work hours when scheduling the IEP meetings? The paralegal replied, “As I understand it, the staff comes in early to accommodate your work hours. I think we accommodate you enough.”
I then asked, “Could I bring the tape recorder to the meeting, and then if anyone objects they can just leave the meeting?” The paralegal responded, “You cannot tape record a meeting! The principal has been instructed that if you even bring a tape recorder to the meeting, she is to immediately contact the State’s Attorney!” I ended the phone conversation, stating that I didn’t feel this matter was resolved. I called back a few minutes later and asked if she would put it in writing, that if I brought a tape recorder to a meeting that the State’s Attorney would be called. The paralegal said, “I will not put that in writing.” When I asked her why, she hung up.
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