Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "predetermination of placement" could lead to a denial of FAPE. In summary, LEA's should be careful not to do the following:
NEVER...
1. ...develop and finalize an IEP before the meeting then ask the parents to sign without discussion.
2. ...provide improper notice to the parents about relevant information (e.g., complete evaluation results, proposed placement).
3. ...hold "school member only" staffings to complete the IEP then have the special education teacher present the IEP at a later time to parents.
If presenting a draft IEP at the meeting, ALWAYS explain the draft is for discussion purposes only. The draft IEP is a working document amenable to changes as an IEP team sees fit. Parental input into a child's IEP is imperative.
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