MANIFESTATION DETERMINATION REVIEW
1.
When must a school conduct a manifestation determination review?
When
a disciplinary action involving a change of placement for more than 10
consecutive or cumulative school days in a school year is contemplated for a
classified student, because he/she engaged in behavior that violated any rule
or code of conduct of the district that applies to all children:
a.
The parents shall be notified of that decision and of all procedural safeguards
accorded, not later than the date on which the decision to take that action is
made; and
b.
Immediately, if possible, but in no case later than 10 school days after the
date on which the decision to take that action is made, a review shall be
conducted of the relationship between the child's disability and the behavior
subject to the disciplinary action.
2.
Who carries out the manifestation review and what must be considered?
The district representative, the
parent, and relevant members of the IEP Team (as determined by the parent and
the district representative) shall review all relevant information in the
student's file, including the child's IEP, any teacher observations, and any
relevant information provided by the parents to determine--
a. if the conduct in question was
caused by, or had a direct and substantial relationship to, the child's
disability; or
b. if the conduct in question was
the direct result of the local educational agency's failure to implement the
IEP.
3.
When must the IEP team consider a
behavior as a manifestation of the student's disability?
If the district representative, the
parent, and relevant members of the IEP Team determine that either the conduct
in question was:
a. Caused by, or had a direct and
substantial relationship to, the child's disability; or
b. The direct result of the
district's failure to implement the IEP.
4.
When must the IEP Team determine
that the behavior of the child was not a manifestation of such child's
disability?
If the district representative, the
parent, and relevant members of the IEP Team determine that either the conduct
in question was not:
a. Caused by, or had a direct and
substantial relationship to, the child's disability; or
b. The direct result of the local
educational agency's failure to implement the IEP.
5. What happens if the manifestation
review determines that the student’s misbehavior was a manifestation of their
disability?
The IEP Team shall--
a. Conduct a functional behavioral
assessment, and implement a behavioral intervention plan for such child,
provided that the local educational agency had not conducted such assessment prior
to such determination before the behavior that resulted in a change in
placement;
b. In the situation where a
behavioral intervention plan has been developed, review the behavioral
intervention plan if the child already has such a behavioral intervention plan,
and modify it, as necessary, to address the behavior; and
c. Return the child to the placement
from which the child was removed, unless the parent and the local educational
agency agree to a change of placement as part of the modification of the
behavioral intervention plan.
6. What happens if the manifestation
review determines that the student’s misbehavior was not a manifestation of
their disability?
a.
The relevant disciplinary procedures applicable to children without
disabilities may be applied to the child in the same manner in which they would
be applied to
children
without disabilities.
b.
If the district initiates disciplinary procedures applicable to all children,
the district shall ensure that the special education and disciplinary records
of the child with a
disability
are transmitted for consideration by the person or persons making the final
determination regarding the disciplinary action.
7.
What actions must occur after the manifestation review?
a. If the
student's behavior is a manifestation of their disability, the IEP must be
reviewed and revised as appropriate.
b. If the
student's behavior is not a manifestation of their disability, disciplinary
action may be taken, but Newark must continue to make FAPE available to the
student.
8. Can the parent (s) or district
appeal the manifestation decision and subsequent disciplinary action (s)?
The
parent of a child with a disability who disagrees with the manifestation
determination, or if the district believes that maintaining the current
placement of the child is substantially likely to result in injury to the child
or to others, may request a hearing.
9. What decisions does the Hearing
Officer make when an appeal is made:
a. Return a child with a disability
to the placement from which the child was removed; or
b. Order a change in placement of a
child with a disability to an appropriate interim alternative educational
setting for not more than 45 school days if the hearing officer determines that
maintaining the current placement of such child is substantially likely to
result in injury to the child or to others.
10. Where is the student placed
during the appeals?
When
a parent requests a hearing regarding a disciplinary action or to challenge the
interim alternative educational setting or the manifestation determination, the
child shall:
a. Remain
in the interim alternative educational setting pending the decision of the
hearing officer or
b.
Until the expiration of the time period whichever occurs first, unless
c.
The parent and the State or local educational agency agree otherwise.
11.
What happens if a classified student commits a crime?
School
officials can report crimes committed by children with disabilities to
appropriate law enforcement authorities to the same extent as they do for
crimes committed by non-disabled students.
Plan of Action for Teacher not
Making Accommodations
The
first thing that I would do to address a teacher that is not making the
instructional accommodations for students with special needs is to check with the
teacher to make sure that he/she is aware that there is an IEP. It is possible that the teacher is unaware of
the IEP. If the teacher is aware of the
IEP, then I would go over the IEP and the accommodations with the
teacher to ensure that he/she is familiar with each part of it. If the teacher is still unresponsive in
making the necessary accommodations, then I would once again ask if the teacher
needs help with making the accommodations and let him/her know that it is their
responsibility to follow through with the IEP by law. Hopefully the teacher will respond by
correcting the situation, but if not, then I would write a memo to once again
remind the teacher of the legal responsibility he/she has towards making instructional
accommodations and also inform the teacher that if it is not attended to, then
he/she could be put on probation or other serious penalties. Eventually, termination could or will be a
consequence for an educator that does not make accommodations for students with
special needs because the IEP is a legal document that must be upheld.
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