Have you been to an IEP (Individualized Education Program) meeting where it seems that the important decisions about your child’s program have already been decided by the school and before the meeting? If so this is against the law and good educational practice.
The IDEA – federal special education law which applies to all states – requires that all IEP decisions – whether eligibility, goals and objectives, related services or placements – must be made at the IEP meeting, must represent a consensus of all members and cannot have been “pre-determined” by the school.
If the school has “pre-determined” any portion of the IEP they have taken away your legal right to be a co-equal member of the team. They are making a unilateral decision which violates the law.
What constitutes “pre-determination?” It does not mean that an IEP team member can’t come in with thoughts about what he or she thinks is right or that the school cannot pre draft goals and objectives. What it does mean is that each member must come with an open mind and must not have already made up his or her mind. The line between an open mind, a pre IEP meeting thought and pre-determination can be a thin one. Look for statements that suggest a decision is already formulated, e.g., “we don’t provide that in our district” or that the speaker is clearly not open or flexible, e.g., “I reviewed the assessments before the meeting and concluded your daughter does not need that service.” And it may just be an over-all sense that the discussion is perfunctory and not a true give and take about the IEP items.
If the school has “predetermined” then if you were to go to a hearing over any IEP item in dispute, proof of that predetermination will mean in most cases you will win the case without having to prove that your child needs the IEP item in dispute.
