Special education services, especially ABA services for children with autism, are expensive. In most states, demand is increasing.
At the same time, for many programs, local funding is decreasing.
- Is this problem causing more schools to make up their mind in advance?
- Are districts developing unofficial policies of pre-determining what programs they will use based on cost?
“We can’t afford it just isn’t a defensible reason for not providing a necessary support for a student in special education.”
“If school personnel make up their mind in advance of the ARD meeting … the school is committing a violation of federal law.”
Be careful, partner! advises the Texas School Administrators’ Legal Digest Online.
Yee Haw, Howdy, Amen. Avoiding Claims of Predetermination in Special Ed Cases cites a Tennessee case where “The court held that the school district impermissibly had engaged in predetermination—violating the rights of the parents to meaningfully participate in the development of their child’s IEP.”
You’ll find the complete article here. http://parkplacepubs.biz/wordpress/yee-haw-howdy-amen-avoiding-claims-of-predetermination-in-special-ed-cases/