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!

The Four Key Advantages Of Running A School Using Education Personnel Services

In the pursuit of providing the finest education, newly established schools could overlook the need for implementing good management policies that guarantee longevity in the business. Academic institutions, after all, are a business and not just places of learning so it’s crucial for any school to make management decisions that would be a financial benefit. One of the critical aspects of running any academic institution is managing personnel. Obtaining professional education personnel services has the potential to grow and maintain any school. Here now are four key advantages to acquiring professional assistance:

Specialists in education personnel can do recruitment and hiring using the highest standards. Every business relies on the quality of its workforce to determine its outputs and schools, in particular, need to hire only the best people. From screening for qualifications to vetting for suitability, education personnel specialists have the expertise and capabilities to get the best teachers, headteachers, administrators, and other essential staff. With education personnel specialists, schools save time and money on their recruitment process.

Specialists in school support services can provide a full suite of consultation services for personnel management. These might include headteacher support, early retirement and/or redundancies, staff audits, absence management, job evaluations and recommendations, reorganisation, pay and working conditions, and development of human resources policies. Essentially, the consultation services make it easy for any academic institution to focus on developing and implementing the curriculum while being assured that everything is running as smoothly as possible.

Specialists in education services can help the school staff to improve in how they perform their work by recommending the right type of training. From headteachers to administrators, every school personnel will acquire critical skills and knowledge in handling discipline and grievances, performance management, conducting investigations, and other concerns that apply.

Providers of education HR Services can help schools when legal issues need to be addressed. Whether it’s recognising recent amendments to the education system or handling conflicts regarding admissions, every school needs to be prepared well to resolve any legal matter. Some education support specialists can merely consult, but it would be preferable to have a firm that also has ties with law firms because this could help schools minimise on legal costs.

A school is a place of learning. But whether it’s a prep school or a university, it is still a business. It would be wise for any academic institution then to implement management policies and decisions that enable it to prosper as a commercial institution. And experts in personnel and school support can do just that.

How To Overcome Special Education Personnel’s Money Complaints

Are you the parent of a child with autism that has been denied needed educational services, for your child? Have you been told by school district personnel, that your child cannot receive a certain service, because the price is too high? This article will discuss ways that you can overcome these tactics used by some school personnel, for the benefit of your child.

The purpose of special education taken out of The Individuals with Disabilities Education Act (IDEA) is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”

IDEA does not allow, school districts to use the “money” card, to get out of providing needed educational services to children with disabilities. The reality is, that many school districts try this tactic many times a day. And the sad thing is, that many parents believe them. Do not fall for this tactic! Stand up for your child, as you are the only advocate that they will ever have.

For Example:

**School administrator: “Mrs. Jones we would love to give Mary 90 minutes of speech therapy a week, but our district is small, and we cannot afford it.”

**Bad reply from the parent: “Oh I totally understand, I didn’t mean to ask for so much.”

**School administrator: “Oh I am sure that you didn’t. But you have to understand that we have a lot of children in our district, and we want to help them all. How about 30 minutes a week?”

**Parent: “30 minutes will be fine.”

The problem with this conversation is, that the parent should have discussed evidence she had of her child’s need. The parent also did not clarify, that the amount of time offered was for direct service. Many times special education personnel will write down consultative services, rather than direct services; without the parent being aware of it.

Same Example:

**School Administrator: “Mrs. Jones we would love to give Mary 90 minutes of speech therapy a week, but our district is small, and we cannot afford it.”

**Good Example from the parent: “Mr. Parker, my daughter Mary needs 90 minutes of direct speech language therapy per week, to make progress in her education. As you will see from the Independent Educational Evaluation that I have here, the registered Speech/Language Pathologist recommends 90 minutes of direct service per week. I am not concerned with the school districts budget, but what I am concerned about is Mary’s right to receive a free appropriate public education.”

**School Administrator: “Why would you go and get an independent evaluation, don’t you trust our speech /language pathologist to recommend the best for Mary.”

**Parent: “The Speech/Language Pathologist that works for this district, is only recommending 30 minutes direct service per week, despite Mary’s low test scores in areas of receptive and expressive language. Mary needs 90 minutes of Speech Language therapy per week, if you refuse to give it to her, I will consider filing for a due process hearing.

**School Administrator: “Oh, you don’t have to get nasty.”

**Parent: “I was not getting nasty. Due process is my right, if I disagree with your decision, which I do.”

School administrator: “We will consult with out speech language pathologist, and consider giving Mary the 90 per week of direct speech therapy.”

**Parent: “Thank You.”

By standing up to tactics used by some special education personnel, you can ensure that your child receives a free appropriate public education.