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.
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Accommodations are adjustments in the presentation of information or tasks that enable children with disabilities to complete the same work as their peers. Examples include sitting near the teacher or extra testing time.
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