Manifestation Determination Meetings

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Outcomes of Training. Review the regulations in IDEA Discuss the implications of the law Demonstrate the process for manifestation determination with role-play

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Manifestation Determination Meetings

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1. Manifestation Determination Meetings Avoiding Needless Conflict & Common Mistakes

2. Outcomes of Training Review the regulations in IDEA Discuss the implications of the law Demonstrate the process for manifestation determination with role-play & practice Outline what happens when a determination of manifestation is made

3. Intent The basic intent of the Manifestation Determination IEP meeting is to insure school districts are not discriminating against students with disabilities.

4. WHY hold MD after the tenth day of suspension? IDEA states that a change in placement occurs when a disabled student is removed from his or her current educational placement for more than 10 consecutive school days (20 U.S.C. § 1415 (k) 34 C.F.R. § 300.536 (a) ). IDEA states that a change in placement also occurs when a student is removed for a series of days that constitute a pattern that total more than 10 school days (20 U.S.C. § 1415 (k) 34 C.F.R. § 300.536 (a)(2) ). IDEA states that an IEP team must come together to determine the relationship between a student’s disability and an act of misconduct when a placement has been changed as a result of disciplinary actions (20 U.S.C. § 1415 (k) 34 C.F.R. § 300.530 (e) ).

5. Best Practice There is no requirement that a Manifestation Determination IEP needs to happen before the tenth suspension. Yet, best practice is to meet do a FBA/BSP for any student that may be heading toward 10 days.

6. Guideline Manifestation IEP meetings are to be held to discuss the incident that resulted in the student receiving the 10th day of suspension. Teams need to schedule a MD IEP after a student has received their 10th day of suspension, even if they met on the 8th or 9th suspension to discuss the patterns of behavior.

7. When? The district must convene an IEP meeting within 10 school days of any decision to change the placement of a disabled child. (34 C.F.R. § 300.536 (e) ).

8. Who? IDEA states that the MD process is to be done by the “local educational agency, the parent, and relevant members of the IEP team” . Interpretation: Administrator, parent, general ed. teacher, special ed. teachers, and others if relevant.

9. What? Review all relevant information, including the IEP, observations, relevant information provided by parents. After reviewing the relevant information, the team will determine: If the conduct in question was caused by, or had a direct and substantial relationship the child’s disability. If the conduct in question was the direct result of the LEA’s failure to implement the IEP.

10. How ? Consensus Definition of consensus: majority of opinion: The consensus of the group was that they should meet twice a month. general agreement or concord; harmony.

11. Determination If any of the answers to the two questions are yes, the behavior is a manifestation of their disability. When the answers to both questions are no, the behavior is not a manifestation of the student’s disability. Student is subject to the same disciplinary requirements as non disabled students, and the district must provide services during any removal (20 U.S.C. § 1415 (k) (1) (C) ).

12. Disagreement Parents or adult students who disagree with the determination can: File a complaint Seek mediation Request a special education due process hearing

13. Does In-school Suspension Count? In school suspension does not count as a day of removal if: * The student had an opportunity to continue to appropriately progress in the general curriculum * The district provided the services outlined in the IEP * The student continued to participate with non disabled peers to the same extent as they do in current placement

14. Preparing for MD IEP Determine who will be invited Send parents a copy of the IEP invite with purpose of the meeting (MD) and include procedural safeguards. Send other team members a copy of the IEP invitation Case manager or school psychologist conducts a review of records, observations, IEP implementation, review of BSP if in place and prepares MD paperwork In tough cases, meet with school staff to review incident and paperwork prior to meeting. Make sure not to make a determination until the meeting Draft an agenda for the meeting

15. If the behavior is determined to be a manifestation of the student’s disability: And the student does not have a Behavior Intervention Plan BIP (BSP in California) Conduct a Functional Behavioral Assessment Develop and implement a BSP And the student does have Behavior Intervention Plan Review the plan Update the FBA if necessary Modify the plan as necessary to address the behavior.

16. If the behavior is determined to be a manifestation of the student’s disability: The student is returned to the placement from which he was removed. Exceptions: Special circumstances exist (drugs, weapons, and serious bodily injury) Parents and school agree to the change of placement as part of the modification of the behavior plan.

17. If the behavior is determined to be a manifestation of the student’s disability: The IEP team must review the student’s IEP Designed for educational benefit? Goals developed for assessed needs? Adjustments made yearly to account for progress or lack of progress? Services adjusted based on progress? Student involved in IEP development? Correctness of placement? Necessary supports and services in relation to behavior?

18. Practice Case Benjamin Bully

19. Scenario #1 Nerf Football Incident IEP notice includes Principal, foster parent, special education teacher, school psychologist, Behavioral Health counselor, and Foster Family Agency Case Manager. An advocate accompanies the parent to the meeting.

20. Identification of Roles Principal-wants Billy expelled Special Ed. teacher-thinks Billy should remain in school School Psych-remain in school FAA case manager-remain in school Foster parent-remain in school MH counselor-remain in school Advocate-

21. Process Question #1: Did the LEA implement Billy’s IEP? Discussion points: Were all accommodations being implemented consistently across all environments? Was the behavior plan being implemented consistently across all environments? Was instruction directed to his IEP goals?

22. Process Question #2: Did Billy’s behavior of threatening, slapping, pushing and taking the ball and destroying it, have a direct or substantial relationship to his disability? Discussion points: What is the student’s disability, including its behavioral characteristics and severity? To what extent if any does the child’s disability cause the student to engage in inappropriate behavior?

23. Scenario #2 The Game Boy Incident IEP notice includes Principal, foster parent, special education teacher, school psychologist, Behavioral Health counselor, and Foster Family Agency Case Manager. An advocate accompanies the parent to the meeting.

24. Identification of Roles Principal-is not a manifestation Special Ed. –is not a manifestation School Psych-is not a manifestation FAA case manager-is a manifestation Foster parent-is a manifestation MH counselor-is not a manifestation Advocate-is a manifestation

25. Process Question #1: Did the LEA implement Billy’s IEP? Discussion points: Were all accommodations being implemented consistently across all environments? Was the behavior plan being implemented consistently across all environments? Was instruction directed to his IEP goals?

26. Process Question #2: Did Billy’s behavior of bringing a bag of marijuana to school and attempting to trade it to another student for a Game Boy, have a direct or substantial relationship to his disability? Discussion points: What is the student’s disability, including its behavioral characteristics and severity? To what extent if any does the child’s disability cause the student to engage in inappropriate behavior?

27. Questions & Answers

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