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Predetermination: When the District Decides Before the IEP Meeting

IEPs must be developed by the team—with meaningful parent participation—based on the child’s needs, not on preset options. This guide explains what predetermination looks like, what the law requires, and how to respond. (Educational information, not legal advice.)

Quick Take

  • Predetermination happens when the district makes decisions before the meeting and refuses to consider parent input or alternatives.
  • IDEA requires meaningful parent participation, data-based decisions, and consideration of alternatives—no “one-size-fits-all.”
  • If you suspect predetermination: document, ask the right questions, request data and Prior Written Notice (PWN), and use dispute options if needed.

What Predetermination Looks Like (Red Flags)

  • Team members say, “We don’t do that here,” or “We already decided,” before discussing the student’s data.
  • Draft IEP/services/placement are treated as final; the team won’t discuss alternatives or edits.
  • Placement is based on availability or policy (e.g., “all students like yours go to X program”), not on the child’s needs.
  • Requests for evaluations, services, or accommodations are rejected without data-based reasons.
  • Parents are rushed, interrupted, or denied time to present concerns, data, or outside reports.

Note: Bringing a draft is fine; refusing to consider changes is not.

What the Law Requires (Plain English)

  • Meaningful parent participation. Parents are required members of the IEP team and must be given an opportunity to participate in decisions. (IDEA: 34 C.F.R. § 300.321, § 300.322, § 300.324)
  • Data-driven decisions. Services/placement are based on evaluations and the child’s needs. (34 C.F.R. § 300.304–306; § 300.320)
  • Placement is individualized. No blanket rules; consider the full continuum and the least restrictive environment. (34 C.F.R. § 300.114–116)
  • PWN (Prior Written Notice). If the district proposes or refuses to change identification, evaluation, placement, or FAPE, it must explain what and why—in writing. (34 C.F.R. § 300.503)
Case law (examples): Courts have found predetermination where districts came with a “take-it-or-leave-it” plan and refused to consider parental input (e.g., Deal v. Hamilton County Bd. of Educ., 392 F.3d 840 (6th Cir. 2004); N.L. v. Knox County, 315 F.3d 688 (6th Cir. 2003)). Standards can vary by jurisdiction; outcomes are fact-specific.

What You Can Do (Step by Step)

  1. Prepare data. Bring outside reports, progress monitoring, work samples, and a short list of asks tied to needs.
  2. Ask clarifying questions. “What data support that decision?” “What other options were considered? Why rejected?”
  3. Request edits live. Ask the note-taker to record your concerns and any proposed alternatives in the IEP or meeting notes.
  4. If the district won’t consider alternatives, request PWN. This forces a written explanation of the decision and the data relied on.
  5. Follow up in writing the same day or next, documenting who said what and your requests.
  6. Escalate if needed: problem-solving meeting → mediation → state complaint → due process (in that order when possible).

See our Letter Templates for PWN, meeting requests, and records requests.

Copy-Ready Email if You Suspect Predetermination

Meeting Talking Points

  • “What data support this proposal? May we review the scores/work samples?”
  • “What alternatives did we consider (minutes, providers, placement) and why were they rejected?”
  • “How does this meet {StudentName}’s unique needs and goals?”
  • “Please note my concerns and proposed alternative in the IEP/meeting notes.”

Prior Written Notice (PWN)

What must be in PWN, when it’s required, and a template to request it.

Open Templates

When a Teacher Refuses IEP Goals

Step-by-step actions if staff won’t implement goals as written.

Open Guide

More help: Resources (state PTI centers, dispute resolution) • Parents’ FAQ

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