What is predetermination

The goal of the ETR process is to decide if a child needs special education services. This decision can’t be made ahead of time by the school. That’s called “pre-determination,” and IDEA does not allow for that. The decision should be made together by the entire team.

At the meeting, the team will all talk about the evaluations and other information about the child. When it comes time to discuss whether the child is eligible for services, keep in mind the two main requirements that need to meet:

The child has to have a “disabling condition” that fits into one of the 13 categories of disabilities defined by IDEA

The disability has to have an “adverse effect” on the child's education.

Predetermination can also occur when the ETR team is discussing the student's needs and implications for instruction. This part of the ETR is completed prior to making a decision about special education eligibility because it can reinforce the requirement for having an adverse effect on the child's education. It is not the job of the ETR team to prescribe specific services or instructional methods (pre-determine services) but rather to identify needs based on data and to make suggestions and recommendations about what types of services the child may benefit from to close the learning gap caused by the identified needs.