I’m looking forward to another year of Toolbox presentations, and in fact, working on the New and Improved Toolbox 4.0! One of the questions I sometimes get about the Toolbox has to do with parental allegations of “predetermination.” Three of the ten tools in the Toolbox involve a change of placement. The question arises: how can the school administration seek a change of placement without being accused of predetermining the outcome?
As we make clear in the Toolbox, all three of the “change of placement” tools (Tools #2, #3 and #6) can only be used by the ARD Committee. The role of the administrator is to recommend a change of placement and foster a healthy and open discussion about it both with school staff and the parent.
A recent court case from Hawaii makes the point nicely. The court held that the district did not predetermine placement or deny the parents’ meaningful participation in the process. Moreover, the LRE decision was properly made. As is typical, the parents who claimed denial of meaningful participation were very extensively involved in the process. They participated in all five (FIVE!) IEP Team meetings and are cited in the court’s opinion as providing input that the team took seriously. The case is a good one for school staff to study regarding placement in the LRE. The team used a worksheet and made notes on it pertaining to the pros and cons of each possible placement on the continuum. The worksheet was based on the factors for consideration as outlined by 9th Circuit case law.
A worksheet based on the legal factors!! That’s good documentation, particularly if accompanied by a record of the meeting that demonstrates a healthy and open discussion of all options. Remember: the administrative rep at the ARDC is not the quarterback calling the play in the huddle. The administrative rep leads the team, but does so by listening and synthesizing the opinions and recommendations of team members.
The case is J.G. v. State of Hawaii DOE, decided by the federal court for the State of Hawaii on August 7, 2018. We found it at 72 IDELR 219.
DAWG BONE: PRINCIPALS KEEP REPEATING: I AM NOT THE QUARTERBACK. I AM NOT THE QUARTERBACK. I AM NOT THE QUARTERBACK.
Tomorrow: a little girl gets left on a dark and empty school bus.