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.

3 Lies Told by Some Special Education Personnel About Autism and How You Can Fight Back!

Are you concerned that your young child may have autism even though you have you been told by special education personnel that he or she doesn’t? Would you like to know 3 of the lies told by many special education personnel about this disorder? Would you also like to learn advocacy strategies to overcome these lies? This article will address 3 of the most common lies told to parents about autism!

Lie 1: Your child does not have autism, they are emotionally disturbed! This is the most common lie that I see as an educational advocate. Most children with autism do have emotional and behavioral difficulty, but this is caused by the disorder. To truly be emotionally disturbed, the child cannot have any other disability causing the behavioral difficulty; which of course is not true in this case.

The reason that this is important is because if a child has autism, they will probably need extensive related and special education services, to benefit from their education. If the school district can convince you that your child does not have autism but is emotionally disturbed, they can try and deny all of the educational, services that your child needs.

You can advocate for your child by having them tested privately, with a psychologist specifically trained in this area. Bring these results to the school district and ask that your child be found eligible for special education under the category of autism; not emotionally disturbed (if the evaluation shows that this is true).

Lie 2: Your child does not have autism because they do not have the repetitive behavior that is a symptom of autism. I hear this a lot too, especially for children that have been diagnosed with Pervasive Developmental Disorder (PDD) or Aspergers Syndrome. Many of these children do not have the typical features associated with this disorder. Over the years I have had many special education personnel tell me that a certain child did not have a certain disability; without testing them. The child needs to be given an autism rating scale by a qualified professional.

The one that I recommend is the Childhood Autism Rating Scale (CARS). It is easy to fill out and to come up with a score. The higher the score is the greater chance that the child has the disorder.

There is also an Autism Diagnostic Observation Schedule (ADOS) that can be given again by a qualified trained professional. Insist that your child receive an Autism Rating Scale (CARS), or the ADOS.

Lie 3: Okay so your child has autism; but they are not eligible for special education services because the autism does not affect their education.

The federal law governing special education is IDEA (Individuals with Disabilities Education Act). In 2004 the act was reauthorized, and the language stating that the child’s disability must negatively affect the child’s education, was taken out. It now states that for a child to be eligible for special education services, they must have a disability and have educational needs. No mention of disability negatively affecting the child’s education.

You should ask the special education personnel, to please show you in Federal Law where it states that special education eligibility, depends on the child’s disability negatively affecting their education. It does not exist and they will not be able to show you. As an advocacy technique keep repeating that it is your opinion that your child has autism and has educational needs. This is all that is required for a child to be found eligible.

You are the advocate for your child; stand up to special education personnel because your child is depending on you!