Predetermination in Special Education – What Can You Do About It?

Are you the parent of a child with autism, learning disability, or a physical disability that has been struggling to get your child an appropriate special education? Do you think that special education personnel come to Individual Educational Plan (IEP) meetings already decided about your child’s placement or needed services? This article will be discussing predetermination, special education, and ways to overcome this.

The Individuals with Disabilities Education Act (IDEA) states that a child has the right to a free appropriate public education (FAPE). Parents have the right to be involved in all decisions made for their child’s education. Special education personnel may bring a draft IEP to the meeting, but only if they are willing to change the IEP to allow parental input.

Predetermination is defined as school personnel making unilateral decisions about a child before the IEP meeting, without parental input, and refusing to listen to parental input during the meeting. Or school district personnel presenting a take it or leave it IEP. If a parent brings information that a child needs a particular related or special education service and evidence that the child needs it, school district personnel are required to at least “consider” the input. The problem is that many special education personnel have already decided or predetermined what placement or services will be offered.

In a well know predetermination case the court found that a school district had an unofficial policy of denying all requests for Applied Behavioral Analysis (ABA) programs; despite evidence that a child required it. In this case the parents paid for a private ABA program in which the child made tremendous progress. The school district was excited about the child’s progress until the parents asked for reimbursement; then they refused to pay. The court found that the school district would not listen to the parents or their experts, about the child’s need for ABA. This was predetermination and the courts ruled that the parents had the right to reimbursement for the private ABA program.

In another predetermination case the court found that despite evidence that a child was making great progress at a private school, and continued to need the services that the private school offered, the school district only placed the child in the private school because they were working on a plan to transition him to a district based placement. They refused to listen to the parent or the parents experts, that the child needed to continue to attend the private school to receive FAPE. The court determined that this was predetermination; and the child was able to continue at the private school at public expense.

It is my opinion that predetermination occurs when a school district makes unilateral decisions about a child’s education despite evidence to the contrary, and refuses meaningful parental input. Also when a take it or leave it IEP is presented to parents.

How to overcome predetermination:

1. Bring documentation of your child’s educational needs to the IEP meeting and share with special education personnel; schools must consider all information brought by parents.

2. Parents must be meaningful participants in the IEP process. Relay the court rulings to special education personnel that if a parent is not allowed meaningful participation in the development of their child’s IEP, predetermination and denial of FAPE may be found.

3. If special education personnel still refuse to allow you input or only give one option for services or placement, consider a state complaint for violation of IDEA.

4. Have an Independent Educational Evaluation (IEE) performed on your child to determine what related and special education services your child needs. Make sure that the evaluator you pick is not only willing to test your child but to write a comprehensive and concise report that includes recommendations for needed related and special education services.

Predetermination is harmful for children with disabilities because it denies children the services that they need to benefit from their education. Keep advocating-your child is worth it!

School Management: Top Three Education Staff Services To Have

All businesses depend heavily on the expertise and work ethic of its staff so as to develop and succeed. Schools and any other academic organization, are not exempt with this trust. Hiring the ideal instructors, administrators, directors, as well as other necessary staff is simply part of achieving this trust. Other elements come up, each of which can be properly managed by an expert staff management firm that specialises in the education sector.

There are a number of various education personnel services that schools can utilize to their advantage. For small or start-up academic centres, it’s important to focus on the ones that make the most convenience and present the most ideal outcomes not having paying the prohibitive charges. Here are top three staff assistance to take into account.

Recruitment assistance or support. Employing new workers is a time consuming and costly process. This is particularly so for schools as academic institutions have to apply a stringent process. From strict compliance to comprehensive requirements to thorough interviews, the recruitment procedure of every school needs to check applicants for suitability. Furthermore, the school has to make certain that they are satisfying the state’s standards. An education personnel firm can do systematic and meticulous application screenings, they can arrange employment contracts, and they can run Court Records Bureau checks. All of which should unburden schools with the job of recruitment and provide them with the suitable employees.

Professional education HR services. When the new head teachers, curriculum directors, or administrators are already employed, academic institutions will require assistance in either formulating their human resources guidelines or implementing those guidelines. The policies will deal with a number of HR issues. These problems may consist of early retirement, redundancies, employees audits, absence management, job evaluations, and compensation terms. An education management provider will be able to provide consultation services that make it simple for every school to manage its personnel, in every given circumstance. The service needs to be tailored in accordance with the requirements of the academic institution, from consultancy on all concerns of recruiting issues to assist on certain things like employees audits.

Training on academy economic management. An education management provider will have the staff and the knowledge to do on-site economic training for head teachers, school business managers, or principals on issues essential to running every school. These training options may consist of academy financial administration, finances creation, variance evaluation and report requirements, school financial consciousness for head teachers, governor financial committee training on a number of financial topics, and many other financial coaching options.

It’s difficult running a school. But with professional support in key areas, school management will be not as much complicated. With the help of education management professionals, regardless if they are delivering education finance services or personnel assistance, every educational institution can grow and prosper.

Do I Have To Sign This Medical Release Form For Special Education Personnel?

Have you been asked by special education personnel to sign a consent form for release of your child’s medical records? Have you been told, that your child with autism or an emotional disorder cannot return to school, unless you sign a medical consent form? This article will discuss, whether parents must sign consent for release of medical records, to school personnel.

The Individuals with Disabilities Education Act (IDEA) is silent, on parents being required to sign consent, for release of medical records. But just because IDEA is silent, does not mean that special education personnel have the right to require release of medical records. Medical records are considered private, and school personnel do not have any right to these records, unless you give them informed consent.

Many parents have trustingly released medical records, only to have school personnel, use these records against them or their child. Remember that some Doctors and nurses may not understand special education, and may say things that may be misinterpreted by school officials.

For Example: A 16 year old young man with Traumatic Brain Injury (TBI) is in the Emergency room, because of behavioral difficulties (many children with TBI, due to there brain injuries have behavioral outbursts). He is interviewed in the Emergency room, by a doctor that is not well trained in people with TBI. The young man tells him, that he is in the hospital because he brought a gun to school. The doctor who has already spoke to the young man’s mother, knows that this is not true. Yet the Doctor still included this statement, in a medical record of the hospital visit.

The school district asked the mother to sign a blanket medical release form, which she did. (the mother did not understand that she had the right to refuse). Later when special education personnel kicked the young man out of school, and wanted to place him in an extremely restrictive residential placement, the mother found out about the hospital report. She was shocked and surprised that the statement was in the record. She was never asked by the Doctor if this statement was true or not. This record almost cost her son, his ability to live at home, though I was able to prove that it never happened.

At the end of the due process hearing, I asked the mother, what the one thing that I had taught her and she said: Do not give consent for release of medical records. Yah! She learned the right lesson!

If you are asked for copies of your child’s medical records, ask the special education personnel what authority they are basing their rights to medical records on (there is none). Also under HIPPA your child has the right to keep their medical records private.

If there is a specific record that school personnel want, and you are not opposed, this is how you should go about releasing the record. Tell the special education personnel that you will think about it, then get a copy of the record that they are interested in. When you get the record read it cover to cover. If you think, that the record contains important information, that would help your child and not hurt them, then you can consider giving them a copy of the record.

Under no circumstances should you give school personnel the right to blanket medical records. In my opinion, some special education personnel ask for these medical records, because they are looking for information to use against the child, or the parents.

By understanding the release of medical records, you will be able to protect your child’s privacy, and keep school personnel from using them against your child. Please remember your child is depending on you!