manifestation determination
According to The IDEA Amendments: What You Need To Know, students with a
disability who break the school discipline code can be removed from their
current placement and put into an
appropriate alternative education setting for up to 10 days. Once the student
has been removed from their educational setting for 10 days the school must
conduct a manifestation determination meeting. NICHCY states, "The purpose
of this review is to determine whether or not the child’s behavior that led to
the disciplinary infraction is linked to his or her disability"(NICHCY,
2010). If a student with a disability is going to be removed from their
educational setting for more than 10 days, it is crucial that they still
receive Free Appropriate Public Education (FAPE) (Hartwig, 2005, pg. 3).
In order to decide how the student will receive FAPE a team will get together to discuss some key information. This team usually includes the school district, the students’ parents, and relevant members of the IEP team. The team will review all the information in the students file, go over the students IEP, and any observations from the teachers and parents. The team then decides if the behavior was a due to the student’s disability or if it was because the school failed to implement the students IEP. Lastly, the team will decide if an alternative placement is necessary or if the current placement is sufficient (Hartwig, 2005, pg. 3).
If the team decides that the student’s behavior was a result of their disability there are a couple of steps they must go through. First, if the student does not have a behavior intervention plan (BIP) the team must complete a functional behavior assessment. FBA will help the team to understand what triggers the student’s undesirable behavior. Then the team will create the behavior intervention plan (BIP) to prevent the undesirable behavior. However, if a BIP is already in place then the team will review the plan and make any necessary changes. Lastly, the school and the parents will decide if the student’s placement needs to be changed or not based on the data that was collected (Hartwig, 2005, pg. 3).
There are a few other amendments that the team and school district need to consider. The first one is 45 school days amendment. This amendment explains that the school can remove the student to an alternative setting for 45 days before having a manifestation determination. This is done if the student’s behavior is putting himself or others at risk. The IDEA Amendments: What You Need To Know states that the new standard does not make the local education authority (LEA) or the hearing officer explain the appropriateness of the student’s placement. The next amendment is stay-put in discipline. This occurs when a student stays in the alternative educational setting because he/she is waiting on either a hearing or for their current placement to change. A hearing will usually occur when the parent wants to change the current placement or because they disagree with the decision made at the manifestation determination (Hartwig, 2005, pg. 4).
In order to decide how the student will receive FAPE a team will get together to discuss some key information. This team usually includes the school district, the students’ parents, and relevant members of the IEP team. The team will review all the information in the students file, go over the students IEP, and any observations from the teachers and parents. The team then decides if the behavior was a due to the student’s disability or if it was because the school failed to implement the students IEP. Lastly, the team will decide if an alternative placement is necessary or if the current placement is sufficient (Hartwig, 2005, pg. 3).
If the team decides that the student’s behavior was a result of their disability there are a couple of steps they must go through. First, if the student does not have a behavior intervention plan (BIP) the team must complete a functional behavior assessment. FBA will help the team to understand what triggers the student’s undesirable behavior. Then the team will create the behavior intervention plan (BIP) to prevent the undesirable behavior. However, if a BIP is already in place then the team will review the plan and make any necessary changes. Lastly, the school and the parents will decide if the student’s placement needs to be changed or not based on the data that was collected (Hartwig, 2005, pg. 3).
There are a few other amendments that the team and school district need to consider. The first one is 45 school days amendment. This amendment explains that the school can remove the student to an alternative setting for 45 days before having a manifestation determination. This is done if the student’s behavior is putting himself or others at risk. The IDEA Amendments: What You Need To Know states that the new standard does not make the local education authority (LEA) or the hearing officer explain the appropriateness of the student’s placement. The next amendment is stay-put in discipline. This occurs when a student stays in the alternative educational setting because he/she is waiting on either a hearing or for their current placement to change. A hearing will usually occur when the parent wants to change the current placement or because they disagree with the decision made at the manifestation determination (Hartwig, 2005, pg. 4).
links
references
Information from:
Manifestation Determination. (2010). In NICHCY. Retrieved February 24, 2013, from http://nichcy.org/schoolage
/placement/disc-details/manifestation
Hartwig, E. P. (2005). The Idea Amendments: What You Need To Know. In Feature Article (pp. 3-4). N.p.: In Case.
Picture from:
Manifestation Determination Procedures. (n.d.). In .docstoc. Retrieved February 24, 2013, from
http://www.docstoc.com/docs/49647232/Manifestation-Determination-Procedures
Video from:
Legal Brief: Suspensions, Expulsions, and Manifestation Determination. (2009, November 18). In YouTube.
Retrieved February 24, 2013, from http://www.youtube.com/watch?feature=player_embedded&
v=JOZb7rpAS_4
Manifestation Determination. (2010). In NICHCY. Retrieved February 24, 2013, from http://nichcy.org/schoolage
/placement/disc-details/manifestation
Hartwig, E. P. (2005). The Idea Amendments: What You Need To Know. In Feature Article (pp. 3-4). N.p.: In Case.
Picture from:
Manifestation Determination Procedures. (n.d.). In .docstoc. Retrieved February 24, 2013, from
http://www.docstoc.com/docs/49647232/Manifestation-Determination-Procedures
Video from:
Legal Brief: Suspensions, Expulsions, and Manifestation Determination. (2009, November 18). In YouTube.
Retrieved February 24, 2013, from http://www.youtube.com/watch?feature=player_embedded&
v=JOZb7rpAS_4