Manifestation Determination Review

Document Sample
Manifestation Determination Review Powered By Docstoc
					Manifestation Determination
          Review
  Presenter: Nanolla Yazdani, Ph.D.
        School Psychologist
    To be or not to be, that is the question…




                Office of Instructional Enhancement and Internal
February 2013                                                      2
                     Operations/Office of Special Education
 This review is required by the Federal Individuals
 with Disabilities Education Act (IDEA) when a child
 • What is Manifestation                 Determination
 with disabilities is suspended for more than 10 days
    once or (MDR)
 at Reviewmore than 10 total days in a school year if
 the suspensions exhibit a pattern (i.e. four three-day
 suspensions for fighting). The meeting should be
 held within the ten school days of the suspension by
 local educational agency, school (LEA). The meeting
 is to determine whether the behavior that led to the
 suspension was a manifestation of the child's
 disability or a direct result of the school's failure to
 implement the IEP. If it was, he may not be
 suspended for it.
                  Office of Instructional Enhancement and Internal
February 2013                                                        3
                       Operations/Office of Special Education
 • MDRs were first introduced into IDEA with
 • History of MDR
   1997 amendments.
 • The process has been simplified under IDEA
   2004, which is:
       • Limits the requirement to perform a manifestation
         determination to removals that constitute a
         change of placement under IDEA’s disciplinary
         procedures; and
       • Does not require a manifestation determination
         for removals for less than 10 consecutive school
         days that do not constitute a change in
         placement.
                    Office of Instructional Enhancement and Internal
February 2013                                                          4
                         Operations/Office of Special Education
   The IDEA requires
 • What the Law Saysthe IEP Committee to
   conduct a manifestation hearing if
   student’s removal or disciplinary action
   creates a change of placement.
 • The IEP Committee must conduct the
   hearing to determine whether the student’s
   misconduct is a manifestation of (that is,
   caused by) the disability.

                Office of Instructional Enhancement and Internal
February 2013                                                      5
                     Operations/Office of Special Education
 Under §300.530 (e), an MDR must occur
 • When MDR is Required
 within 10 school days of any decision to
 change the student’s placement because of
 a violation of a code of student conduct.




                Office of Instructional Enhancement and Internal
February 2013                                                      6
                     Operations/Office of Special Education
                Who is involved in conducting the
                review and what is their purpose
                                      To determine if the conduct
                                      in question:
                                      • Was caused by, or had a
• The Local Educational                   direct substantial
  Agency (LEA) district.                  relationship to, the child’s
• The Parent.                             disability.
                                      • Was a direct result of the
• The relevant members                    school’s failure to
  of the IEP Committee                    implement the IEP.
  (as determined by the               If the determination of the
  parent and district).               team is YES to either I or II,
                                      the behavior must be
                                      considered a manifestation
                                      of the student’s disability.
                 Office of Instructional Enhancement and Internal
February 2013                                                       7
                      Operations/Office of Special Education
                Important Issues Related to IE

Is the student’s IEP                        Is the student’s
appropriate?                                placement appropriate?
• Are the appropriate                       • Does the student’s IEP
   goals in place?                             have an appropriate
                                               BIP?
• Is the student’s                          • Did the IEP address
   schedule                                    the student’s past
   appropriate?                                misconduct?
• Are the student’s                         • Were the goals and
   academic and                                objectives appropriate
                                               for student?
   behavioral needs                         • Was the student
   being addressed?                            making progress in the
                                               current placement?
                 Office of Instructional Enhancement and Internal
February 2013                                                       8
                      Operations/Office of Special Education
                IEP been shared with appropriate
                staff?
              Important Issues relatedBIP IEP
              • Refer to data gathered for to
                (monitoring data) if applicable.
              • Has
• Were the special BIP been shared with
                appropriate staff?
  education services,
  supplementary aids
  and services,
  program
  modifications or
  supports for school
  personnel and
  behavioral
  intervention
  strategies provided
  consistent with the
  student’s IEP and
  placement?
                Office of Instructional Enhancement and Internal
February 2013                                                      9
                     Operations/Office of Special Education
 • Description of behavior subject to disciplinary
   Considerations for Review
   action (setting events, antecedents,
   details…).
 • Student’s IEP and placement (goals,
   accommodations/modifications, supports,…).
 • Any teacher observations of student.
 • Evaluation and diagnostic results.
 • Evaluation and other information provided by
   the parent.

                Office of Instructional Enhancement and Internal
February 2013                                                      10
                     Operations/Office of Special Education
How to determine
whether the conduct in
question was caused by
child’s disability?




                         Office of Instructional Enhancement and Internal
February 2013                                                               11
                              Operations/Office of Special Education
After reviewing all relevant information in
  • Manifestation Determination
students file, the team determines:
• Whether the student has severe intellectual impairment
  that may result in impaired judgment and/or reasoning;
  in the ability to understand that the behavior in question
  was wrong?
• Whether the student understands cause and effect?
• The effect of severe emotional disturbance (e.g.,
  schizophrenia, major depressive episode) and whether
  there is evidence that it had a direct relationship to
  student’s behavior.
                   Office of Instructional Enhancement and Internal
 February 2013                                                        12
                        Operations/Office of Special Education
• Whether the child has a neurological impairment or
  • Manifestation Determination
  medical condition that directly impacts and/or
  produces involuntary or uncontrollable behavior
  (e.g., Tourette Syndrome, seizure disorder), and
  whether the medical condition has direct
  relationship to behavior (e.g., Enuresis, ADHD, or
  Asperger’s).
• Whether the student has shown a history of
  voluntary control of behavior in question (lack of
  ability to control vs. historically able to control).
                   Office of Instructional Enhancement and Internal
 February 2013                                                        13
                        Operations/Office of Special Education
How to determine
whether the conduct in
question was the direct
result of the LEA’s failure
to implement the IEP




                          Office of Instructional Enhancement and Internal
February 2013                                                                14
                               Operations/Office of Special Education
 After reviewing all relevant information in the
 • Manifestation Determination
 student’s file, the team determines:
 • If the student was deriving reasonable
   educational benefit from his/her program.
 • If the student’s needs were being addressed
   through the IEP (e.g., communication,
   instructional strategies and levels, behavioral).
 • If the FBA and BIP are present, are appropriate,
   and being correctly implemented.

                 Office of Instructional Enhancement and Internal
February 2013                                                       15
                      Operations/Office of Special Education
 • If a Positive Behavioral Support Plan is present, is
   Manifestation Determination
 • it appropriate and being implemented.
 • Review progress monitoring data (academic and
   behavioral); evaluations and diagnostic
   information, classroom/student observations and
   teacher/staff/parent/student interview Information.
 • Review specific designed instruction, related
   services and supports for school personnel as
   specified in student’s IEP. Were the necessary
   resources available as part of the student’s
   program?

                 Office of Instructional Enhancement and Internal
February 2013                                                       16
                      Operations/Office of Special Education
                student’s disability or is the direct
                be reviewed and revised as
                                      Conclusion
                result of the school’s failure to
                appropriate.
                properly implement IEP, the behavior
                If the student’s behavior manifestation
                must be considered as a is not
                of student’s disability. disability,
                manifestation of his/her
                disciplinary action may be taken.




                Office of Instructional Enhancement and Internal
February 2013                                                      17
                     Operations/Office of Special Education
                The IEP team must either (1) Conduct an FBA, unless the
                The relevant disciplinary procedures applicable to
                school had conducted an FBA before the behavior
                resulted in the determined that applied, but the
                If the teamchange of placement be the behavior
                children without disabilities may occurred, and
                implement a BIP for the child; or (2) if a BIP already has
                is subject to disciplinary action
                school district must continueandmake a it, as (Free
                been developed, review the BIP, to modify FAPE
                and Appropriate Public Education) available to the
                necessary, to address the behavior; and return the child
                to the placement from which the child was removed,
                student. parent and school agree to change of
                unless the
                placement as part of the modification of the BIP.




                   Office of Instructional Enhancement and Internal
February 2013                                                         18
                        Operations/Office of Special Education
                   • Special Circumstances Due to a Weapon,
                     Illegal Drugs, or Serious Bodily Injury

• School personnel may report crime(s) to law enforcement
  authorities. If a crime is committed by a student with disability,
  copies of the special education and disciplinary records must be
  transmitted for consideration by authorities. School may obtain a
  temporary restraining order (TRO).
• School personnel may remove a student to an interim alternative
  educational setting for not more than 45 days without regard to
  whether the behavior is determined to be a manifestation of the
  disability. On day 46, the student returns to the school
  environment he/she was removed from, unless the IEP Committee
  determines another LRE is appropriate.
• The parent or the district may request a due process hearing if a
  parent disagrees with any decision regarding placement or
  manifestation determination, or the school believes that
  maintaining the current placement of student is substantially likely
  to result in injury or to the student or to others.

                       Office of Instructional Enhancement and Internal
  February 2013                                                           19
                            Operations/Office of Special Education
                   Disability and Disciplinary
                              Action

                                            • For SLD, refer to
• Does the student’s                          observation/history
  disability impair                           of past behavioral
  the ability of the                          patterns.
  student to
                                            • For EmD, suggest a
  understand the
                                              need of specific
  impact and
                                              observations and/or
  consequences of
                                              data gathered in
  behavior subject to
                                              regard to student’s
  the disciplinary
                                              behavior(s).
  action?
                Office of Instructional Enhancement and Internal
February 2013                                                      20
                     Operations/Office of Special Education
                • Does the student’s disability impair
                  Consider whether the student’s
                   Disability and Disciplinary
                  cognitive of student to control
                  the abilityability is a concern in the
                  understanding rules.
                  behavior subject to disciplinary
                                 Action
                • Consider whether the student’s
                  action?
                  emotional stability is an issue in
                  controlling behavior(s).




                  Office of Instructional Enhancement and Internal
February 2013                                                        21
                       Operations/Office of Special Education
                • In case of legal challenge,
                  what are the crucial
                          Legal Matters
                  documents?




                 Office of Instructional Enhancement and Internal
February 2013                                                       22
                      Operations/Office of Special Education
   Notice of Committee Meeting/Parent
 • Manifestation of Determination Required
   Invitation
   Forms Response Form
 • Manifestation of Determination Review
 • Notice of Change in Placement, if needed




                Office of Instructional Enhancement and Internal
February 2013                                                      23
                     Operations/Office of Special Education
 • Description of behavior subject to disciplinary action
 • Other Important Documentations
 • Behavior in question and its possible relationship to
   the student’s disability
 • Evaluation and diagnostic results, including parents
   and school reports
 • FBA, BIP, and progress monitoring documentations.
 • Verification of disability category and other identified
   disorders
 • Review of current IEP and assessment reports
 • Consideration of LRE
 • Observations of the student


                   Office of Instructional Enhancement and Internal
February 2013                                                         24
                        Operations/Office of Special Education

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:1/16/2014
language:English
pages:24