If you’ve heard statements like this in an IEP meeting, you may be dealing with school district staff who have already made up their mind about the way they will serve your child.
- “We’ve never done it that way before”
- “We don’t do that here”
- “You can suggest it, but that doesn’t mean we have to provide it”
- “The school disagrees with the independent specialist…”
- “The District has determined that…”
Predetermination can deny students a free and appropriate public education. “[a] procedural violation can cause substantive harm when it seriously infringes upon the parents’ opportunity to participate in the IEP process.” ~ Deal v. Hamilton County Bd. of Educ., 42 IDELR 109 (6th Cir. 2004)
Predetermination also prevents parents from meaningfully participating in the education process of their children, including at IEP meetings.
If you feel you are not being heard by other members of your child’s IEP team, our attorneys are available to discuss your questions.