In April 2024, a federal court made a groundbreaking decision that limited the ability of school districts to make IEP predeterminations without input and collaboration from parents. In K.O. v. San Dieguito Union High School, the court ruled that predetermining the terms of an IEP prior to the IEP meeting violated the Individuals with Disabilities Education Act (IDEA). According to IDEA, the school and parents must work together to create an Individualized Education Plan (IEP), and the school cannot proceed without the input and collaboration of the parents. This decision upholds the rights of children with disabilities to fairness and a meaningful voice in their own education. This is excellent news for parents who may have attended an IEP meeting only to find that most or all major decisions had already been made without their input.

The Lento Law Firm is a nationwide firm of experienced special education attorneys. The IEP process can be challenging, and parents may feel pressured into an IEP that is not right for their student. The Lento Law Firm can help parents navigate the process and get the best possible outcome for their child. The Lento Law Firm represents students in the IEP process nationwide. Call 888.535.3686 or provide your details online, and we will contact you.

When an IEP Predetermination Violates IDEA

It's important to note that not every predetermination violates IDEA, as the court clarified. The violation occurs when the school makes a decision prior to the IEP meeting and is 'unwilling to consider alternatives.' The court's ruling stipulates that the school must genuinely consider alternatives proposed by the parent, which goes beyond mere lip service or a 'take it or leave it' offer. The school is required to demonstrate that it has maintained an open mind throughout the IEP process.

Neither the School nor the Parent May Dictate an IEP

While parents have the right to provide input, they cannot force the school to comply with all of their terms and requests. Collaboration between the parents and the school is essential. In the K.O. v. San Dieguito Union High School case, the school attempted to place the plaintiff in a restrictive program without considering other options despite receiving contrary evidence from the parent about K.O.'s disabilities.

Improper Predetermination May Result in Substantial Damages

The K.O. court ordered tuition reimbursement for a private school for the year at issue and an additional two years. The court also ordered reimbursement for other services and transportation costs. This provides a precedent that schools that violate a parent's rights by predetermining the outcome of an IEP process may pay substantially for the error.

How the Lento Law Firm Can Help

If you are the parent of a child with a disability facing the IEP process, the Lento Law Firm is here to help. You have a right to participate and to provide information and guidance concerning your child. After all, no one knows your child better. We can help guide you through the IEP process to secure the best outcome and situation for your child. Call 888.535.3686 or provide your details online, and we will contact you.