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Manifestation Determination

Manifestation Determination. What?? Why me??. WHEN DO WE HAVE TO??. 1. Upon placement by district personnel in an Interim Alternative Educational Setting for drug or weapons offense. WHEN DO WE HAVE TO??.

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Manifestation Determination

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  1. Manifestation Determination What?? Why me??

  2. WHEN DO WE HAVE TO?? 1. Upon placement by district personnel in an Interim Alternative Educational Setting for drug or weapons offense

  3. WHEN DO WE HAVE TO?? 2. Upon placement by a hearing officer in an Interim Alternative Educational Setting of student whose continued presence in the current placement poses a threat

  4. WHEN DO WE HAVE TO?? 3. Upon any removal that constitutes a change of placement

  5. WHO HAS TO PLAY?? • The “usual suspects” (i.e., Members of the Student’s ARC) • “Other qualified personnel” • Individuals who are knowledgeable about how a child’s disability can impact on behavior or on understanding the impact and consequences of behavior, and persons knowledgeable about the child and his disabilities

  6. DETERMINE IF ALL OF THE FOLLOWING ARE TRUE: • Child’s IEP and placement appropriate in relationship to the behavior subject to proceedings, AND • Special ed. services, supplementary aids and services and behavior intervention strategies were consistent with the child’s IEP and placement, AND

  7. DETERMINE IF ALL OF THE FOLLOWING ARE TRUE: • The child’s disability did not impair his ability to understand the impact and consequences of the behavior subject to the proceedings, AND • The child’s disability did not impair the ability of the child to control the behavior subject to the disciplinary action

  8. THEN: The behavior is NOT a manifestation of the disability

  9. THINGS TO CONSIDER: All relevant information, including: • Evaluation and diagnostic results • Observations of the child • The child’s IEP and placement

  10. RESPONDING TO STUDENTS: • REACTIVE • ACTIVE • PROACTIVE

  11. REACTIVE: • Alternative classrooms or IAES • Restitution • Work assignments • Restrictions • Suspension • Arrest • Expulsion

  12. ACTIVE (during behavior) • De-escalation • Crisis Intervention • Time out • Cool Off • Conflict Resolution Group

  13. PROACTIVE (prior to behavior) • School-wide discipline policy • Guidelines for Success • School Rules • Teaching expectations • Social skills instruction • Behavior replacement • Empowerment

  14. Supportive Reasons for In-School Suspension • Students can accomplish assigned work • Students have the assistance of an adult to insure completion of tasks • Students could receive counseling for their academic/personal problems • ISS reduces daytime juvenile crime rates • The school gets their ADA money

  15. Reasons to Consider In-School Suspension (continued) • Isolating student from the learning environment could be an effective punitive aspect • Administrators can use Out of School Suspension for more serious offenses • In-School Suspension can reduce dropout rates by providing disciplinary consequences within the learning environment

  16. What Do You Need To Have In Hand?? • The incident report for the specific misbehavior. • Law enforcement reports. • Student statements regarding their behavior. (By the way, this statement should be taken a soon as possible after the incident, when appropriate.)

  17. What Do You Need To Have In Hand?? • Discipline summary for the current school year. • Discipline summary for the prior two school years. • Attendance summary • IEP • IEP monitoring data

  18. What Do You Need To Have In Hand?? • According to the New IDEA, a summary of behavior intervention strategies which are provided consistent with the child’s IEP • Assessment Reports • Documentation of eligibility decisions (are all the components there?) • Individual Graduation Plan (if age 14 or older) • Any other information that any member of the ARC feels is pertinent to the process.

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