1 / 50

Culturally Responsive Practices- Making Manifestation Determination Decisions

www.laspdg.org. Culturally Responsive Practices- Making Manifestation Determination Decisions. Presented by Debbie Morrison. Considerations. This webinar is being recorded and will be available for viewing at www.laspdg.org

channer
Download Presentation

Culturally Responsive Practices- Making Manifestation Determination Decisions

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. www.laspdg.org Culturally Responsive Practices-Making Manifestation Determination Decisions Presented by Debbie Morrison

  2. Considerations • This webinar is being recorded and will be available for viewing at www.laspdg.org • If you need to ask a question, please use the Chat Pod on your screen

  3. Roll Call • If you have not already done so, EVERYONE please use your chat pod and indicate the district/LEA you are representing • If multiple people are in the room with you watching this as a group, send their names as well

  4. People First Language “People First Language puts the person before the disability and describes what a person has, not who a person is.” Kathie Snow. (n.d.) A few words about People First Language. Disability is Natural. Retrieved August 1, 2012 from http://www.disabilityisnatural.com/images/PDF/pfl-sh09.pdf

  5. “Manifestation of the child’s disability” • If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability.” • IDEA 34C.F.R. 300.530(e)(I) • Importantly, if the conduct in question was the direct result of the school system failing to implement any part of the IEP, the conduct must, be determined to be a manifestation of the child’s disability. • IDEA 34 C.F.R. 300.530 (e)(ii)

  6. Here’s the Challenge!!!!! • How can you ensure that appropriate manifestation determination reviews have been conducted???????

  7. Agenda Examine what the courts have decided regarding MDR’s Identify key legal requirements of MDR’s Answer Who? What? When? Why? questions about MDR’s “You be the Judge!” Activity

  8. Legal Questions to Consider…….. • WHEN to meet????

  9. Counting the days……… And on the 11th day… Produced by NICHCY, 2007

  10. MDR Meeting Timeline • When the district proposes removal of student that would exceed 10 school days due to violation of code of conduct, district, parent, and relevant members of the IEP team shall meet to conduct MDR within 10 school days of district’s decision.

  11. WHO should be invited to attend MDR meetings? • IDEA requires presence of “relevant members” of the IEP team. • Who is “relevant?” • Who is responsible for deciding the participants? • The flexibility offered by Congress also means there can be disputes over determining the “relevant” members of the IEP team. (Fitzgerald v. Fairfax)

  12. IDEA • 64 Fed. Reg. 12,625 requires that a MDR must conducted by the IEP team and other qualified personnel • “Other” qualified people may include individuals who are knowledgeable about: -how a child’s disability can impact on behavior -understands the impact and consequences of behavior on persons, the child and his disabilities.

  13. Manifestation Determination Review– Who is involved? • IEP team members • Parent and their representatives • School psychologist and behavior specialist(must be able to certify disability and verify IEP is implemented) Prior notice is given

  14. Data from Rapides Parish • High Out of School Removal Rate (based on total SWD population 2800 students) Sent to Alternative Site 2009-10 69 Added a School Psychologist/Behavior Strategist to every MDR meeting; SPED Administrative review of all decisions 2010-11 *22 * 7 Big Three-Total 29

  15. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Student with emotional disturbance had behavior plan for rude/sarcastic behavior • Student led a weekend paintball attack on school • Attack included breaks to replenish supplies • District convened MDR

  16. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Parents challenged composition of MDR team on two grounds • 1st challenge: Parents claimed IDEA requires parent consent to MDR Composition • Poll Question: What do you think? Is this correct? Must a school district get consent for the MDR composition? Answer Yes or NO.

  17. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Outcome: No • Both the hearing officer and the district court rejected their argument that they had an “equal right” to determine the members of the MDR team. • LEA determines which school/LEA personnel will participate-The school determines the school staff’s members • Parents may determine whom else they wish to invite in addition

  18. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Second (2nd) Challenge: Parents claimed a member is only “relevant” if he/she: • Knows the student personally and • Has previously served on the student’s IEP team • Poll Question: Is this correct? Vote “Yes” or No”

  19. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Outcome: No. IDEA isn’t so strict. • Each member must serve a purpose relevant to the MDR: • Here-Parents, teachers who knew student personally • Psychologist familiar with students with emotional disturbance • Special Education Administrator familiar with programs • Assistant Principal who investigated the incident

  20. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • Parents claimed violation of IDEA: • Not all MDR members reviewed the file. • The review was not done prior to the MDR. • POLL QUESTION: Was there a violation of IDEA?? Vote Yes or No.

  21. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • The answer is NO. • The Court found the district’s review satisfied IDEA: • There is no requirement that every member review all information • No requirement that the review be completed before the MDR

  22. Fitzgerald v. Fairfax County School Board, 50 IDELR 165,556,Supp.2d,543(E.D. Va. 2008.). • The district psychologist reviewed student’s file before the MDR • At the meeting, psychologist presented a summary • MDR team reviewed discipline history • Teachers presented class observations • Team discussed paintball incident

  23. Cherry Creek Sch.Dist. #5,56,IDELR 149 (SEA CO 2011) • A parent successfully challenged an MDR on the basis that the notice did not properly notify her of her right to invite relevant members of the IEP team. • Parents must be aware of their right to invite relevant participants.

  24. More questions…….. • Exactly how much opportunity must be provided to parents to provide input on members??? • What if there are disagreements on membership?? • To what degree must each member participate? • To avoid problems and confusion, schools can choose/continue to conduct MD’s in properly scheduled and constituted IEP team meetings.

  25. WHAT to review during a Manifestation Determination??? • 34 CFR 300.530 (e) (1) states the individuals involved in making the manifestation determination are charged with reviewing all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information provided by the parent.

  26. Examples for Review in the MDR • Evaluation and diagnostic results • Observations and objective data • Current IEP • Relevant written information by parent • Discipline history • Suspension/Expulsion information • Louisiana form • Principal’s investigation report • Informal due process (Student report of incident) • PBIS and interventions

  27. School Board of the City of Norfolk v. Brown (E.D.Va. December 2012) • Student with Other Health Impairments • Left threatening messages on principal’s voicemail • District convened MDR • State DOE found MDR failed to consider relationship of conduct to student’s disability • District was ordered to hold a new MDR

  28. School Board of the City of Norfolk v. Brown (E.D.Va. December 2012) • After the first MDR, student was admitted to psychiatric hospital • Hospital conducted an assessment • Parent provided assessment report to second MDR team • MDR team did not consider the report. Poll Question: Did the district do anything wrong in this MDR meeting? Yes/ No

  29. School Board of the City of Norfolk v. Brown (E.D.Va. December 2012) • Yes. The court held the psychiatric report WAS RELEVANT INFORMATION. • The MDR’s refusal to consider the report was an “Egrgious procedural violation.” • Second MDR was ordered by Va. DOE • District felt only purpose was to consider relationship between conduct and disability—NOT to redo the whole meeting

  30. School Board of the City of Norfolk v. Brown (E.D.Va. December 2012) • District barred the parent from submitting any information • Second MDR was made up of different members • The HO and court found this approach seriously flawed. • District erred by: Fragmenting the inquiry, having different members on the MDR, Denying parental participation, failing to review psychiatric report

  31. School Board of the City of Norfolk v. Brown (E.D.Va. December 2012) • Lessons Learned: • Comply with procedure the FIRST time • Consider all relevant information to get a total picture of a student • Beware of “fragmented” discussion of the issues

  32. MDR-Two Questions • Was the conduct in question caused by or had a direct relationship to the student’s disability? • Was the conduct in question a direct result of the district’s failure to implement the student’s IEP? • (20 U.S.C. 1415 (k)(1)(E)(i))

  33. Manifestation Determination If Yes-- Produced by NICHCY, 2007

  34. When is Behavior a Manifestation? • If the answer to either question (1) or question (2) is “YES”, the conduct shall be determined to be a manifestation of the child’s disability. • The student is returned to the placement from which he was removed, unless the parent and the district agree to change a placement as part of its modification of the student’s behavior intervention plan. 34 CFR 300. 350 (f) (2)

  35. When Behavior is a Manifestation • IEP Team shall: • Conduct FBA and implement BIP (if not done prior) • If BIP exists, review BIP and modify it to address behavior • Behavioral goal and objective covering the actual offense that student committed should be included in IEP • BIP may need to include some counseling services from Social Worker or School Psychologist

  36. Examples of Manifestations • Kicking a male schoolmate in the groin was directly related to the post-traumatic stress student with emotional disturbance suffered as the result of a sexual assault. Manteca Unified Sch. Dist., 50 IDELR 298 (SEA CA 2008). • Finding that a child’s (with emotional disturbance) emotional and oppositional behavior "spiraled out of his control" when an assistant principal confronted the child rather than allowing him to back off as provided in his BIP. Swansea Pub. Schs., 47 IDELR 278 (SEA MA 2007). • Finding of no manifestation was overturned regarding student who had learning disabilities and left threatening messages for principal when district failed to properly assess student and failed to develop a BIP. School Board of the City of Norfolk, 56 IDELR 18 (E.D. Va. 2010).

  37. Manifestation Determination If NO- Produced by NICHCY, 2007

  38. Manifestation Determination If No–(Determination is that behavior is not a manifestation) Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply * Child continues to receive services as described in 300.530(d) Produced by NICHCY, 2007

  39. Not a Manifestation • Student with a learning disability ripping pants off of a female student outside lunch room. Randy M. v. Texas City ISD, 32 IDELR 168 (S.D. Tex. 2000). • 11th-grader’s( who had emotional disturbance) decision to conduct a weekend paintball raid on his high school was unrelated to his anxiety issues. Fitzgerald v. Fairfax County Sch. Bd., 50 IDELR 165 (E.D. Va. 2008). • Decision of student with a learning disability to bring marijuana and tobacco to school. Lancaster Elementary Sch. Dist., 49 IDELR 53 (SEA CA 2007).

  40. 45-Day Removals • Drugs • Weapons • Serious bodily Injury • For certain violations of code of conduct, district may remove a student to interim alternative educational setting (determined by IEP Team) for not more than 45 school days regardless of whether behavior was a manifestion.

  41. Now, YOU be the JUDGE!!! • Is it a manifestation??? • Is it not a manifestation???? • Use the Poll Box to answer Yes or No for the following student cases:

  42. Case Number 1: Los Angeles USD, 111 LRP 60703 (SEA CA 2011 A student with ADHD (had a history of impulsive behavior) sold his prescription drugs ADDERALL to another student. He went home and brought the drugs back the next day to conduct the sale. Manifestation????Vote yes or no.

  43. NO. The student was unable to convince the Hearing Officer that his sale was related to his disability. Considering a variety of sources of information, the school found out that the student initially planned the details of the sale, went home, and brought the drugs back the next day. The hearing officer agreed that this was NOT impulsive, but “planned and deliberate.” “The student’s conduct demonstrated poor judgment but the evidence did not demonstrate that the poor judgment was a manifestation of his disability.

  44. Case Number 2- Medford Public Schools 110 LRP 31566 (SEA MA 2010) Another student with ADHD with impulsivity issues was involved in a campus felony car break-in. A private psychologist wrote to the school arguing that the behaviors were in fact related to executive function deficits. There was no evaluation record of such deficits. The Psychologist had not conducted an evaluation and had little contact with the student. Manifestation of his disability?? Vote Yes or NO.

  45. NO. The hearing officer agreed with the school staff that the circumstances of the nighttime car break-in involved careful planning, and preparation, including arranging for a disguise and attempting to set up an alibi. NOTE: Impulsivity Argument-frequently raised by students with a variety of emotional and behavior disabilities, but must have to indicate behavior that is quick, reactive, and without planning or thought.

  46. Final Suggestions! • Each MDR should have an administrative review for compliance • A behavioral support person should be assigned to attend every MDR meeting • The MDR is NOT determined based on a student’s disability label or classification. • Make sure all decisions answer the 2 questions for the MDR • Keep the meeting student centered and discussalternatives to keep the student in school.

  47. Resources • “Legal Lessons Learned from Manifestation Determination Cases”-Jan Tomsky, Esq. • “The Proper Role of IEP Teams in Disciplinary Actions”-Jose L. Martin, Attorney at Law • “Student Discipline and the Manifestation Determination Review” David B. Hodgins • LRP Publications • NICHCY

  48. Questions? Please use your chat pod if you have questions related to this presentation (if time permits, we will answer them, if not, please email questions to contacts below) • After this webinar, you may email any content-related questions to Debbie.Morrison@suddenlink.net • You may email any grant-related questions to Melanie Lemoine lemoinem@lsu.edu

  49. www.laspdg.org The contents of this PowerPoint presentation were developed under a grant from the US Department of Education, #H323A110003. However those contents do not necessarily represent the policy of the US Department of Education, and you should not assume endorsement by the Federal Government.

  50. We want your feedback! • At this time we will launch the brief survey to complete regarding this webinar • If the survey does not appear on your screen, you can go directly to it at http://www.surveymonkey.com/s/crpdmmdr After you have completed the webinar, you may exit the webinar

More Related