MANIFESTATION DETERMINATIONS

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MANIFESTATION DETERMINATIONS

• KEYSTONE AEA REGIONAL MEETINGS FEBRUARY 2009

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SHORT TERM DISCIPLINARY ACTIONS

• SCHOOL PERSONNEL MAY REMOVE A CHILD WITH A
  DISABILITY WHO VIOLATES A CODE OF STUDENT CONDUCT
  FROM THEIR CURRENT PLACEMENT FOR NOT MORE THAN
  10 DAYS.

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SHORT TERM DISCIPLINARY ACTIONS CONTINUED

• REMOVAL TO ANOTHER SETTING OR SUSPENSION.
• FOR NOT MORE THAN 10 CONSECUTIVE DAYS.
• IF SUCH ALTERNATIVES ARE APPLIED TO CHILDREN
  WITHOUT DISABILITIES.

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ADDITIONAL REMOVALS, IF

• NOT MORE THAN 10 CONSECUTIVE DAYS.
• SEPARATE INCIDENTS OF MISCONDUCT.
• DO NOT CONSTITUTE A CHANGE OF PLACEMENT.
• CONDUCT FOR WHICH NONDISABLED STUDENTS WOULD BE
  REMOVED.

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CHANGE OF PLACEMENT

• MORE THAN 10 CONSECUTIVE DAYS.
• CONSTITUTES A PATTERN.

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WHAT IS A PATTERN?

• SERIES OF REMOVALS MORE THAN 10 DAYS IN A
  SCHOOL YEAR, AND
• BEHAVIOR IS SIMILAR ACROSS INCIDENTS, AND
• LENGTH OF EACH REMOVAL, TOTAL AMOUNT OF
  TIME REMOVED, PROXIMITY OF REMOVALS.

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LONG TERM DISCIPLINARY ACTIONS (CHANGE OF
PLACEMENT)

• THE SCHOOL MAKES FAPE AVAILABLE.
• THE STUDENT IS TREATED THE SAME AS NONDISABLED
  STUDENTS.
• BEHAVIOR IS NOT A MANIFESTATION OF THE CHILDS
  DISABILITY.

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WHO CONDUCTS THE MANIFESTATION DETERMINATION
REVIEW (MDR)?

• LEA.
• PARENT.
• RELEVANT MEMBERS OF IEP TEAM.
• LEA DETERMINES SCHOOL SYSTEM MEMBERS.
• PARENTS MAY BRING WHO THEY WISH.

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WHEN MUST THE MDR BE DONE?

• WITHIN 10 SCHOOL DAYS OF ANY DECISION TO CHANGE
  THE PLACEMENT OF A CHILD WITH A DISABILITY
  BECAUSE OF A VIOLATION OF A CODE OF STUDENT
  CONDUCT.

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HOW IS THE MDR CONDUCTED?

• REVIEW ALL RELEVANT INFORMATION.

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MAKE 2 KEY DETERMINATIONS

• WAS THE CONDUCT IN QUESTION CAUSED BY, OR HAVE A
  DIRECT AND SUBSTANTIAL RELATIONSHIP TO, THE
  CHILDS DISABILITY OR

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MAKE 2 KEY DETERMINATIONS CONTINUED

• WAS THE CONDUCT IN QUESTION THE DIRECT RESULT OF
  THE LEAS FAILURE TO IMPLEMENT THE IEP?

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IF BEHAVIOR IS A MANIFESTATION OF DISABILITY

• CONDUCT FUNCTIONAL BEHAVIOR ASSESSMENT (FBA).
• DEVELOP AND IMPLEMENT BEHAVIOR INTERVENTION PLAN
  (BIP).

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IF BEHAVIOR IS A MANIFESTATION OF DISABILITY
CONTINUED

• RETURN STUDENT TO PLACEMENT FROM WHICH THEY WERE
  REMOVED UNLESS

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IF BEHAVIOR IS A MANIFESTATION OF DISABILITY
CONTINUED

• SPECIAL CIRCUMSTANCES EXIST OR
• PARENTS AND THE SCHOOL AGREE TO THE CHANGE OF
  PLACEMENT AS PART OF THE MODIFICATION OF THE BIP.

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IF BEHAVIOR IS NOT A MANIFESTATION OF DISABILITY

• THE SCHOOL CAN IMPOSE THE SAME PENALTY IN THE
  SAME MANNER AND DURATION AS IT WOULD BE FOR
  NONDISABLED STUDENTS.

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SPECIAL CIRCUMSTANCES

• SCHOOLS CAN TAKE DISCIPLINARY ACTION WHETHER THE
  STUDENT HAS A DISABLILTY OR NOT.

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SPECIAL CIRCUMSTANCES CONTINUED

• SCHOOL PERSONNEL CAN TAKE DISCIPLINARY ACTION IF
  A STUDENT KNOWINGLY POSSESSES OR USES ILLEGAL
  DRUGS, OR SELLS OR SOLICITS THE SALE OF A
  CONTROLLED SUBSTANCE, WHILE AT SCHOOL, ON SCHOOL
  PREMISES, OR AT A SCHOOL FUNCTION UNDER THE
  JURISDICTION OF THE LEA.

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SPECIAL CIRCUMSTANCES CONTINUED

• SCHOOL PERSONNEL CAN TAKE DISCIPLINARY ACTION IF
  A STUDENT CARRIES OR POSSESSES A WEAPON TO OR AT
  SCHOOL, ON SCHOOL PREMISES, OR TO A SCHOOL
  FUNCTION UNDER THE JURISDICTION OF THE LEA.

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SPECIAL CIRCUMSTANCES CONTINUED

• SCHOOL PERSONNEL CAN TAKE DISCIPLINARY ACTION IF
  A STUDENT HAS INFLICTED SERIOUS BODILY INJURY
  UPON ANOTHER PERSON WHILE AT SCHOOL, ON SCHOOL
  PREMISES, OR AT A SCHOOL FUNCTION UNDER THE
  JURISDICTION OF THE LEA.

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SPECIAL CIRCUMSTANCES CONTINUED

• SERIOUS BODILY INJURY DEFINED
• A SUBSTANTIAL RISK OF DEATH.
• EXTREME PHYSICAL PAIN.
• PROTRACTED AND OBVIOUS DISFIGUREMENT.
• PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF
  A BODILY MEMBER, ORGAN, OR MENTAL FACULTY.

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SPECIAL CIRCUMSTANCES CONTINUED

• REMOVALS FOR SPECIAL CIRCUMSTANCES CAN LAST UP TO
  45 SCHOOL DAYS.

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CHALLENGES TO THE DECISION

• PARENTS OR ADULT STUDENTS MAY
• FILE A COMPLAINT.
• SEEK MEDIATION.
• REQUEST DUE PROCESS HEARING.

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QUESTIONS?