Do you have a child with autism, learning disabilities or physical disabilities who have been working hard to get your child to receive appropriate special education? Do you think that special education personnel attending an Individual Education Program [IEP] meeting has decided on your child's placement or services? This article will discuss pre-determination, special education, and ways to overcome this problem.
The Disability Education Act [IDEA] stipulates that children are entitled to free and appropriate public education [FAPE]. Parents have the right to participate in all decisions made for the child's education. Special educators can submit IEP drafts to the meeting, but only if they are willing to change the IEP to allow parental input.
The pre-determined definition is that the school staff makes a unilateral decision about the child before the IEP meeting, without the parents' opinions, and reflects the parents' opinions during the meeting. Or the district staff proposes or accepts an IEP. School district personnel must at least "consider" input if parents bring information that the child needs specific or special education services and the evidence the child needs. The question is what many special education staff have decided or are scheduled to offer.
In a well-known, pre-determined case, the court found that the school district had an informal policy that condemned all requests for Applied Behavior Analysis [ABA] programs; a child needed detailed evidence of it. In this case, the parents paid for the private ABA program, and the child made great progress. The school district was excited about the child's progress before the parents asked for reimbursement; then they refused to pay. The court held that the school district would not listen to parents or their experts about the child's need for ABA. This is predetermined and the court ruled that parents are entitled to reimbursement for the private ABA program.
In another pre-determined case, the court found that it continued to demonstrate that children have made great progress in private schools and continue to need services from private schools. The school district only places children in private schools because they are planning to transfer them to Area-based resettlement. They refused to listen to the opinions of their parents or parents and thought that they need to continue to attend FAPE in private schools. The court found this to be pre-determined; the child was able to continue studying in a private school at a public expense.
I believe that due to the contrary evidence, the school district makes a unilateral decision on the child's education and reflects meaningful parental opinions, so it is predetermined. When accepted or left, the IEP will be presented to the parents.
How to overcome the pre-determination:
1. Bring your child's education needs document to the IEP meeting and share it with special education staff; the school must consider all information purchased by parents.
2. Parents must be meaningful participants in the IEP process. Transfer the court ruling to a special education staff. If the parent does not allow meaningful participation in the child's IEP development, a FAPE can be identified and denied.
3. If the special education staff still refuses to allow you to enter or provide only one service or placement option, please consider the country's complaint against the violation of IDEA.
4. Conduct an Independent Education Assessment [IEE] for your child to determine what relevant and special education services your child needs. Make sure that the evaluator you choose is not only willing to test your child, but also to write a comprehensive and concise report that includes recommendations for related and special education services.
Predetermined is harmful to children with disabilities because it deprives children of the services they need to benefit from education. Continue to advocate - your child is worth it!
Orignal From: Predetermination in special education - What can you do?
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