What is Predetermination?

Predetermination is a Procedural Violation and Can Result in Denial of a Free Appropriate Public Education to a Child

Question: What is predetermination?

Answer: Predetermination occurs when a local education agency (LEA) makes decisions about a student's educational services before the development of an Individualized Education Program (IEP), without considering data, parental input, and/or the child's specific needs.

What Documents, Regulations, and/or Case Law Support this Answer?

Under Individuals with Disabilities Education Act (IDEA), predetermination violates procedural safeguards meant to ensure parental participation in educational decisions.

Pursuant to 20 U.S.C. § 1415(f)(3)(E)(ii)(II):

"In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education if the procedural inadequacies (II) significantly impeded the parents’ opportunity to participate in the decisionmaking process regarding the provision of a free appropriate public education to the parents’ child."

Example of Predetermination

Deal v. Hamilton County Board. of Education provides an example of predetermination related to a student named Zachary. The case reaffirms predetermination as “a procedural violation of the IDEA”: