IEP Predetermination: How to Spot It and What You Can Do About It

So I know I’ve told this story 1000 times, as it’s the incident that inspired this site so many years ago. It was my first IEP meeting with my school district. I was already in training to become an advocate and had done all the right things prior to the meeting. And then, the LEA walked in, all full of herself and IEP predetermination.

When I say that I did all the right things–I mean that I had submitted a parent concerns letter, and I had read and researched all things Kevin to have meaningful parent participation in the IEP process.

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And, that LEA looked right at me at the end of the meeting and said, “Well, we appreciate all your input at the meeting Mrs. Lightner, but we are not going to be making any changes to this IEP.”

Say what?!

Ah, the dreaded IEP predetermination. This is one of those sneaky little things that schools sometimes try to pull, and it can drive parents absolutely nuts.

But hey, some good came out of that meeting. Prior to then, I was just working as a private 1:1 advocate for families. After that meeting, I have been on a mission to inform parents everywhere of their parental IEP rights and how to leverage them.

What is IEP Predetermination?

Predetermination in the IEP process happens when a school or district makes decisions about a child’s services or placement before the IEP meeting, without genuinely considering the parents’ input or the unique needs of the child.

Imagine walking into a room thinking you’re about to have a meaningful discussion about your child’s education, only to find out that the school team already has their minds made up—before you even open your mouth. Frustrating, right?

This could look like an IEP team member saying something like, “We don’t offer that here” or “We already decided that this is what’s best for your child.” It’s like they’ve already written the script for your child’s education, and you’re just there to listen to their performance.

The big issue here is that it violates the principle of meaningful parent participation in the IEP process, which is required by IDEA (the Individuals with Disabilities Education Act). In short, it’s not just bad practice—it’s against the law.

When we talk about IEP predetermination, we’re referring to a situation where the decisions about a child’s special education program are essentially made before the IEP meeting happens.

It’s like the school already has a plan in place, and the meeting is just a formality. As an aside, I know that this is something that I preach–that if you do the prework necessary for an IEP, then your IEP meeting is just a formality. And, all of Kevin’s IEP meetings are mostly like that now.

However, I meet with each IEP team member prior to the annual meeting, and we email each other numerous times. We talk about changing goals, adding supports, what is working well and what isn’t, and what new things we’re going to try. I truly have meaningful parent participation before the meeting–that’s the difference.

When an IEP team already knows what services they’re going to provide—or not provide—and where they’re going to place your child, regardless of what you have to say, that’s predetermination.

Pre-determined IEP decisions come in many forms. Sometimes, it’s subtle comments during a meeting, like “We don’t do that here” or “All kids with autism are in this program.” I have heard both of those at IEP meetings with clients. I once had a special education director tell me “Only life skills students get a 13th or 14th year.”

Other times, it’s more blatant, like having an IEP document drafted with little to no input from the parents or outside experts.

Predetermination isn’t just frustrating—it’s illegal. The IDEA (Individuals with Disabilities Education Act) requires that parents are given the opportunity to be equal partners in developing the IEP. If the school is making decisions behind closed doors and presenting them as a done deal, they are not respecting this process.

So, at its core, IEP predetermination is about decisions being made without meaningful input from the people who know the child best—the parents and caregivers.

Is Predetermination just about IEP Placement?

Nope, predetermination isn’t just about IEP placement. It can involve any aspect of the IEP process—services, supports, goals, accommodations, modifications, you name it!

Think of it this way: predetermination is when the school comes to the IEP meeting with its mind already made up about any decision related to your child’s education. It’s not just about where your child will be placed (like in a general education classroom vs. a self-contained classroom), though that’s a common example.

It could also be about things like:

• The type of services your child will receive: Maybe the school decides, in advance, that they’re only going to offer 30 minutes of speech therapy per week, regardless of what your child actually needs.
• The frequency or duration of services: They might come into the meeting with a preset schedule for services without considering your input or your child’s unique needs.
• The specific goals and objectives: They could already have a draft of IEP goals that don’t reflect your child’s actual current performance levels or areas where they need support.
• Accommodations and modifications: Predetermination could also happen when the school decides, for example, that they won’t provide a certain accommodation—like a quiet room for test-taking—because it’s “not something we do.”

So, it’s not limited to placement decisions. Predetermination can affect every part of your child’s IEP, and any decision that’s made without truly considering your input can be considered predetermination.

IEP Predetermination vs Saying No to the Parent

Great question! The difference between IEP predetermination and an IEP team simply not agreeing with a parent boils down to one key concept: process.

1. IEP Predetermination:

• Predetermination happens when the school or IEP team makes a decision before the IEP meeting, without giving real consideration to the parent’s input, the child’s unique needs, or any new information presented during the meeting.
• In this scenario, the school has already decided what they will or will not offer, often based on convenience, cost, or preconceived notions about what services are typically provided. The IEP meeting becomes more of a “check-the-box” exercise rather than a genuine discussion.
• For example, if you walk into the meeting and it’s clear that the team has already decided not to provide a certain service (“We don’t offer that here,” “We’ve already allocated the hours elsewhere,” or “All kids with this diagnosis go to this classroom”), that’s predetermination. It’s not about listening to you, considering your concerns, or reviewing any new evidence you might have.

2. An IEP Team Not Agreeing with a Parent:

• Not agreeing with a parent is different. Here, the school team is genuinely considering the parent’s input, the child’s needs, and any data presented during the IEP meeting, but ultimately comes to a different conclusion.
• There is still a back-and-forth discussion where all perspectives are considered, and reasons are given for the decisions made. The team should explain their rationale clearly, provide supporting data or documentation, and be open to exploring different options. In this case, even if the school says “no” to something the parent requests, it’s done after meaningful discussion and review of the child’s needs, data, and input.
• Disagreements are a normal part of the IEP process, and they don’t mean predetermination has occurred as long as the team is willing to engage in dialogue, consider all input, and make decisions based on the child’s individual needs.

Why Does This Matter?

• Predetermination violates the IDEA because it denies parents their right to be an equal participant in the decision-making process. It means decisions are made before the meeting even starts, making the whole IEP process feel like a farce.
• Disagreements are expected and can be constructive, as long as the process is fair, open, and collaborative. The team should work together to find a solution that meets the child’s needs, even if it takes some negotiation.

In short, predetermination is when the school is not really considering your input, while a disagreement happens when they are considering it but just don’t agree with it. The latter is okay; the former is not.

Is Predetermination in IDEA?

the Individuals with Disabilities Education Act (IDEA) does address predetermination, although it doesn’t use the exact term “predetermination.”

Instead, IDEA emphasizes the rights of parents to be involved in the Individualized Education Program (IEP) process as equal partners and requires that the IEP be developed collaboratively based on the child’s unique needs.

Worth noting–I know I often reference the Federal Register, the 600-page accompanying document for IDEA. It gives further explanation on what IDEA means. I have searched through that document numerous times and cannot find the word predetermination.

Here’s what IDEA says about predetermination (in a roundabout way):

1. Meaningful Parent Participation:

IDEA mandates that parents must have the opportunity to participate in meetings regarding the identification, evaluation, and educational placement of their child, and the provision of a free appropriate public education (FAPE) to their child. This is outlined in several sections, including:

• Section 300.322(a): Requires schools to ensure that parents are present at each IEP meeting or are given the opportunity to participate.
• Section 300.501(b)(1): States that parents must be given the opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of their child.

If a school makes decisions about a child’s IEP before the IEP meeting and without considering the parent’s input, it violates these provisions by denying the parents meaningful participation.

2. Requirement for an Individualized Program:

IDEA requires that the IEP be tailored to the child’s unique needs, and it should not be a “one-size-fits-all” document. The IEP team (which includes parents) must consider the child’s strengths, the parents’ concerns, the results of the most recent evaluation, and the child’s academic, developmental, and functional needs.

• Section 300.324(a): The IEP team, which includes the parents, must develop, review, and revise the IEP to address the child’s individual needs.

Predetermination directly contradicts this requirement because it involves making decisions based on policies or convenience rather than the child’s individual needs and data.

3. Prior Written Notice (PWN) Requirement:

When a school refuses to initiate or change the identification, evaluation, or educational placement of a child or the provision of FAPE, it must provide Prior Written Notice (PWN) to the parents.

• Section 300.503(a): Schools must provide PWN that clearly explains the reasons for any decisions made about the child’s education and the basis for those decisions.

If the notice reveals that the decision was made before the IEP meeting, without considering the input of all team members (including parents), that could be evidence of predetermination.

4. Case Law and Predetermination:

While IDEA itself doesn’t explicitly mention “predetermination,” several court cases have interpreted IDEA’s requirements to mean that schools cannot engage in predetermination. Courts have ruled that:

• Schools must genuinely consider parent input, data, and any new information presented at the IEP meeting.
• Decisions cannot be made before the IEP meeting; if they are, it denies the parents their right to meaningful participation.

Key Court Cases on IEP Predetermination:

• Deal v. Hamilton County Board of Education (2004): This case involved a school district that made decisions about a child’s services before the IEP meeting. The court found that the district had engaged in predetermination by refusing to consider the parents’ input and ordered the school to pay for private services.
• W.G. v. Board of Trustees of Target Range School District (1992): The court found that the school had predetermined the child’s placement without meaningful parental input, violating the IDEA.

While IDEA doesn’t use the term “predetermination,” it makes it clear that all IEP decisions must be made collaboratively and based on the child’s individual needs. Predetermination violates the spirit and letter of IDEA by excluding parents from the decision-making process and not providing an individualized approach to a child’s education.

Evidence of Predetermination in an IEP

Here are some examples of evidence of predetermination in an IEP process. These signs can help you spot if the school team has made decisions in advance without genuinely considering your input or your child’s unique needs:

1. Pre-filled IEP Documents:

• You’re handed an IEP document at the meeting that’s already fully filled out, with goals, services, and placements all set, leaving little to no room for discussion or changes. If there’s no space or time given for parents to provide input or discuss changes, that’s a red flag.
• Mind you, draft IEPs are permitted! In today’s special education climate, IEPs are so large, it’s not always reasonable that the entire IEP will be drawn up at an IEP meeting (which is the spirit of IDEA). It’s refusing to change anything on that draft that could be predetermination.

2. Statements Indicating a “Done Deal”:

• Team members make comments like:
  • “We’ve already decided…” or “This is what we’re going to do.”
  • “We don’t offer that service here,” without discussing alternatives.
  • “All students with this diagnosis go to this classroom.”
• These statements suggest that the school has already made decisions about the IEP before hearing what the parent has to say.

3. No Consideration of New Data or Evaluations:

• You bring up new evaluation data, assessments, or reports from private providers, and the team dismisses or ignores them without genuine discussion or consideration.
• If you present new information that suggests a change in services or placement is needed, but the team refuses to acknowledge or discuss it, this can be evidence of predetermination.

4. Refusal to Discuss Alternative Options:

• The IEP team refuses to consider or discuss any other options for placement, services, or supports beyond what they initially presented.
• If you suggest alternatives (e.g., a different reading program, a different frequency of therapy sessions), and the team flatly refuses to discuss them or claims “it’s not possible,” without a legitimate reason, that’s a sign.

5. Failure to Provide a Proper Prior Written Notice (PWN):

• The school does not provide a Prior Written Notice (PWN) when rejecting a parent’s request or fails to give specific reasons why a proposed service or placement is not appropriate.
• If the PWN is vague or lacking in detail, or if it simply states that the team “decided against” a certain request without an explanation or reference to data, it could be an indicator that the decision was predetermined.

6. Lack of Individualized Discussion:

• The discussion at the IEP meeting focuses more on what the school “typically” does or what is “available” rather than on the child’s individual needs.
• If decisions are justified using general policies (“We always do it this way”), instead of discussing your child’s specific circumstances, that’s a sign of predetermination.

7. Pre-Meeting Meetings or Decisions:

• You learn that the IEP team met before the official IEP meeting to make decisions about your child’s services, placement, or accommodations without including you.
• Any private discussions that involve decision-making without the parent’s input or presence could be evidence.

8. Pressure to Agree Without Discussion:

• You feel rushed to sign the IEP document without sufficient discussion or time to review.
• If the team pressures you to agree to their decisions quickly, or they don’t allow you to take the document home to review, that could indicate they’ve already made up their minds.

9. Refusal to Include Your Concerns in the IEP:

• The team refuses to document your concerns, suggestions, or input in the IEP, which can show that they are not considering your participation meaningful.
• Your requests or suggestions for changes aren’t noted in the “Parent Concerns” section of the IEP or dismissed as unimportant.

10. Ignoring the Child’s Unique Needs:

• Decisions are made that do not reflect your child’s unique needs, like giving the same services or placement to all children with a certain diagnosis, rather than basing decisions on individualized evaluations.
• If you repeatedly hear phrases like, “This is what we do for all children with [X condition],” that could be evidence of predetermination.

11. Lack of Documentation or Data:

• The school team is unable or unwilling to provide data or documentation that supports their decisions.
• For example, they refuse to show how a specific program or service is meeting (or failing to meet) your child’s needs, or they don’t provide data showing progress (or lack thereof).

These examples demonstrate that predetermination can take many forms, but at its core, it’s about the school’s failure to engage in a fair, open, and meaningful discussion about the child’s unique needs. If you encounter any of these situations, it could be a sign that predetermination is at play.

Your IEP Cannot Be Predetermined

If you suspect predetermination is happening in your child’s IEP process, don’t panic, but don’t sit back either.

Here are some steps you can take to address the situation and protect your child’s rights:

1. Ask Questions, Document Everything

• Start by asking direct questions during the IEP meeting: If you hear comments like, “We don’t do that here,” or “This is what we’ve decided,” ask for clarification: “Can you explain why this decision was made without considering my input?” or “What data supports this decision?” This puts the team on notice that you’re aware of your rights.
• Document the meeting: Take detailed notes of everything said, especially comments that suggest decisions were made in advance. You can also ask for the meeting to be recorded (check your state’s laws about consent for recording).
• Follow up in writing: After the meeting, send an email to the IEP team summarizing your concerns about potential predetermination and ask for a written response. For example: “At the meeting, it seemed that decisions about [service, placement, etc.] were made before we had the chance to discuss them. Could you clarify if this is the case?”
• Repeat it back to them: Repeat what they’ve said to you, back to them during teh meeting. “I want to be clear on what you just said. It is my understanding that the reason my child is not being placed in a gen ed classroom is because all students with Down Syndrome are in self-contained classrooms. Is that correct?”

2. Request a Prior Written Notice (PWN)

• If the school denies any of your requests or suggestions, request a Prior Written Notice (PWN). The school is legally required to provide a PWN that explains:
  • What was proposed or refused.
  • The reasons for the decision.
  • The data or evidence used to make the decision.
• If the PWN is vague or lacks sufficient detail, request a more thorough explanation. This can help reveal whether decisions were predetermined.

3. Bring in Support

• Consider bringing an advocate or support person to future meetings. Having an extra set of eyes and ears can be helpful, especially someone familiar with special education law. This could be a professional advocate, a friend, or a family member.
• You might also want to consult with a special education attorney if you feel the situation is particularly egregious or the school is refusing to budge.

4. Request a New IEP Meeting

• Request another IEP meeting to address your concerns specifically. Make it clear in writing that you want to discuss the areas where you believe predetermination occurred. If they refuse, this could further support your case that the process wasn’t fair or collaborative.

5. Gather and Present Evidence

• Collect any evidence that contradicts the school’s decision, such as independent evaluations, private therapist reports, or other data showing that your child’s needs are different from what the school is proposing. Present this evidence at the next meeting and ask the team to consider it.

6. File a Complaint

• If the school continues to ignore your concerns and you believe predetermination is occurring, you can file a complaint with your state’s Department of Education or request mediation or a due process hearing. This involves a formal review of the IEP process to ensure it complies with the law.
• Be prepared to provide evidence, such as meeting notes, emails, and other documentation showing that the school didn’t genuinely consider your input.

7. Stay Calm and Persistent

• Keep the focus on your child’s needs. It’s easy to get emotional when you feel unheard, but staying calm and focused on the facts will help you advocate more effectively.
• Use phrases like, “I’m concerned that my input wasn’t considered in this decision,” or “I’d like to understand how the team arrived at this conclusion without reviewing all of the data.”

8. Know Your Rights and Use Them

• Educate yourself on your rights under IDEA and how the IEP process should work. Knowledge is power; knowing the law can help you push back effectively.
• Make sure to leverage resources, such as advocacy groups and websites like A Day in Our Shoes, to get the support and information you need.

9. Maintain a Paper Trail

• Keep copies of all correspondence, meeting notices, emails, and notes from every IEP meeting. This documentation can be crucial if you need to escalate the situation or file a formal complaint.

10. Consider Getting Legal Advice

• If the situation isn’t resolved to your satisfaction and you believe the school is blatantly violating your child’s rights, consult a special education attorney. An attorney can advise you on whether you have grounds for a complaint, mediation, or due process hearing.

Remember, your goal is to ensure that your child’s IEP is based on their unique needs, not the school’s convenience or preconceived notions. Predetermination is illegal because it undermines the very purpose of the IEP process—to create an individualized plan for your child’s education. Don’t be afraid to assert your rights and demand a fair, open, and genuine discussion about your child’s needs.