First, we do not ask. We just put the recorder
right in the middle of the table and turn it on and make our identification
of the meeting, etc.
If someone from the school asks us to turn it off, we pick the little
square speaker up and with the recorder still running, we politely ask
the person to speak directly into the microphone and clearly state their
name and that the school district is forbidding that an audio record of
the meeting be made.
Usually what happens next is the person raising the objection says something
like "I guess its ok."
Idenfication and Filing of Tapes
Identification and filing of the tapes is critical. Because the tapes are
not transcribed unless we need them for due process or other "proof" purposes,
a clear written identification of the student's name, date, time, what
tape recorder was used, who operated the recorder, name of the school district
and meeting type is put into the plastic box that contains the tape. The
box containing the tape is then is placed into the case pocket folder file
in a section we call "facts and notes."
When we need to transcribe a tape, we first have the parent listen to
the tape and identify each speaker's voice on the tape. We check and double
check that identification whenever possible. For the actual transcribing,
we have it done by a notary public. By following this process, we have
not yet had a transcript denied when properly offered into evidence at
a hearing.
Objections, yes, but never sustained. (knock on wood)
Tapes as Part of Educational Record
Often the school district will tape record the meetings as well. When
they do, the tapes are a part of the student's educational record. We request that the school furnish us a copy of all tapes they make of the meeting.
This is useful because the school's tape often picks up some comments
more clearly than did ours. It also discourages convenient blank spots
appearing in the school's tape.
This sounds like a whole bunch of trouble and it is. We do it because
it works -- and because good evidence (we refer to it as a clear record)
can often be the leverage we need to help the district see the error of
its logic and keep a dispute from going to formal hearing.
It is surprising what people say during these meetings. We look for
statements that contradict a later position, statements made against their
own interest, etc.
The importance of taping meetings came home today. In a rather
heated matter now in formal proceedings, opposing counsel attached meeting
minutes as an exhibit to her client's reply to our motion for partial summary
judgment. After reading the exhibit, voices from the exhibit screamed out "Manufactured
Minutes." Sure enough, we dug out the tape, listened, and would you believe
the exhibit was not an accurate reflection of the meeting? Surely not.
Brice Palmer, Vermont Advocate
Email: askotis@shoreham.net
More Articles by Brice Palmer
Learning
to Negotiate is Part of the Advocacy Process. Parents negotiate
with schools on behalf of their children. In this article, you will learn
basic negotiation techniques that will help you be a more effective advocate.
How
to Prepare Your Case. If you need to request a due process hearing
to resolve a dispute, your job is to present your case in an organized
manner that gives the decision maker enough good factual information to
reach a conclusion in your favor.
Last revised: 08/09/08
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