Predetermination in IEP's

Many parents feel left out of the IEP process and feel that it is anything but "individual" when they arrive to a meeting to be given a Draft IEP that becomes the IEP by the need of the meeting with little to no input. Parents are supposed to be an integral part of the IEP team, not just a consenting signature.

These are some examples of how this looks:
- The District meets just before the IEP for extended periods of time. They coordinate what they are going to tell parents. Parents are often told that a certain placement is "a wonderful school" by the entire IEP team even though not a one has even been there to see it.
- The District meets without parents, and then writes it up as an IEP meeting.
- Refuses to make any changes to the IEPs stamped DRAFT.
- If parents refuse to consent to the IEP they hold another meeting without the parent, stating that they have made reasonable effort to notify parents who won't respond.
- Refuse to provide parents written reports or Draft IEP's
- Staff say "Outside evaluators cannot overrule the IEP team, and I have decided that ..."

A great case involving pre-determination is Zachary Deal v. Hamilton County TN Board of Education. You can find it on wrightslaw.com.

Predetermination can be proven by:
1. Them making few and no substantial changes reflecting parent input from the draft ones they provide.
2. Them having a pattern of doing the same IEP categorically or maybe just at a specific school.
3. Them failing to identify any substantive reason or data in the prior written notice given the parent for refusing parent requests.
4. Recorded admissions that this is the way it is going to be whether the parent likes it or not.

Getting Your Records In Order

It's critical to keep organized files and/or a notebook about your child's school experiences. Use this checklist as a way to organize your child's school paperwork for important meetings with teachers, counselors, specialists, or administrators.

Once completed, attach this document to the front of your folder or notebook, for quick scanning before meetings. Hint: It can be helpful to keep records in chronological order.


Download your FREE copy of the Records Checklist (PDF) today!

Bullying and Harassment Notifying School Administrators

Parent Training and Information
The following are 10 suggested steps to follow when parents choose to formally notify school administrators about their concern of harassment based on the child's disability.
1. In writing, address the notification to a specific person and date the letter.
2. Write the letter to a person who has the authority to investigate and the authority to correct the wrong.
3. Note that the school district is a recipient of federal financial assistance.
4. State the past or continuing discriminatory activity against your child.
5. State that the school district has control over both the site of the discrimination and over any school personnel involved.
6. Explain that the discrimination was not a single acct but was severe and pervasive.
7. Tell how the discrimination excluded your child from continued participation in school or denied your child the benefits to which other students in school have access.
8. Explain, as well as you can, what you would like the school to do to stop the discrimination or to remediate the harm the discrimination has done to your child.
9. Ask for a copy of a school district grievance procedure under Section 504 (even if your child has an IEP under IDEA). Not having this information may result in continued discrimination.
10. State that if the person receiving this letter does not investigate or does not take effective corrective action, that you may claim that the district showed deliberate indifference to the discrimination. You may also want to add a date you expect to hear back from the district in regards to your letter.
These steps are adapted from attorney Reed Martin's "10 steps to making a successful complaint".
This information is educational and not intended to be legal advice.