what kind of lawyer would i used for manifestation determination

Full Answer

Is a Manifestation Determination a hearing?

It is not a hearing in any normal sense of the word. There is no judge, no sworn testimony, no rules of evidence. The manifestation determination is conducted in the form of a meeting. It looks and feels very much like an IEP meeting, but the issues being discussed are different.

Do we need a manifestation determination for removals?

does not require a manifestation determination for removals for less than 10 consecutive school days that do not constitute a change in placement. As the Senate HELP committee observed, what is now required is “a more simplified, common sense procedure for schools to use.” [ 1] Read on for the details. When is the review necessary? Who’s involved?

Is manifestation determination review a big deal?

A Manifestation Determination Review (MDR) is scheduled in 10 days. Parents often repeat what the school has told them, "It is not a big deal." Yes, it is a big deal. It is your last best chance to keep the issue out of the school disciplinary officer's hands.

How long does it take to get a manifestation determination?

Under §300.530 (e), a manifestation determination must occur within 10 days of any decision to change the child’s placement because of a violation of a code of student conduct. Back to top Who is Involved? The LEA, the parent, and relevant members of the IEP team (as determined by the parent and the LEA) are involved in conducting the review.

How do you win a manifestation determination meeting?

The basic steps in getting ready for a manifestation determination meetingGet your mindset right.Find out what really happened, in detail.Make sure you fully understand your child's disabilities, and find proof of each relevant aspect of it.Figure out the causal connection between the disability and the misbehavior.More items...

What is the manifestation determination process?

A manifestation determination is a meeting to determine whether your child's misbehavior was caused by their disability. The outcome of the meeting dictates whether the school can punish your child or not.

Under what circumstances should a manifestation determination occur?

When is a Manifestation Determination Review Necessary? Under §300.530(e), a manifestation determination must occur within 10 days of any decision to change the child's placement because of a violation of a code of student conduct.

What happens at a manifestation determination meeting?

A manifestation determination is a meeting where parents of a student with an IEP and school staff review relevant information about the child and answer two questions: 1. Was the behavior caused by, or have a direct and substantial relationship to the child's disability? 2.

Who makes the manifestation determination?

If a disciplinary action involves a request for a suspension or other actions involving removal from a program for more that ten days, the IEP team must meet to determine whether the misconduct resulted from the disability. This is referred to as a manifest determination hearing, review or IEP meeting.

What if parents disagree with manifestation determination?

If the student's parents disagree with the manifest determination meeting decision, a due process hearing can be requested. At this hearing if to the questions noted above are both found to be “no,” the student can be expelled from the school system, and educational services will be terminated after such an expulsion.

What is an example of a manifestation?

The definition of a manifestation is the proof of the reality of something, often a site or a smell. An example of manifestation is the smile on a woman's face when her husband appears, showing how much she loves him. A form in which a being manifests itself or is thought to manifest itself, esp.

What does MDR mean in school?

manifestation determination reviewHere are the facts about an MDR: The school cannot expel your child without first holding an MDR. An MDR is a meeting the school calls if it wants to suspend or expel your child for more than 10 school days.

What is a BIP?

A behavior intervention plan (BIP) is a written improvement plan created for a student based on the outcome of the functional behavior assessment (FBA). The FBA should identify what is maintaining or causing a challenging behavior, and the BIP specifies the actions to take to improve or replace the behavior.

What happens if Charlie's parents appeal the manifestation determination?

What Happens if Charlie's Parents Appeal the Manifestation Determination? If a hearing is requested, the SEA or LEA is responsible for arranging an expedited due process hearing, which must occur within 20 school days of the date the due process complaint was filed.

Can a child with ADHD be suspended from school?

A child affected by ADHD alone or with co-occurring conditions (learning difficulties, anxiety, depression, autism spectrum) is more likely to be suspended from school than a child without those conditions, causing higher levels of psychological distress at least three years or more after the suspension.

Can an autistic child be suspended from school?

Often these behaviors can cause students on the spectrum to get into trouble, sometimes resulting in the school resorting to disciplinary actions. Disciplinary actions can range from missing recess, to trips to the principal's office, to suspensions or even expulsion .

What is manifestation determination?

A manifestation determination is part of the student discipline process for children with disabilities who get in trouble at school. It’s a defense procedure for disabled children who are facing suspension or expulsion, or repeated removals from class for disciplinary reasons.

What is the role of manifestation determinations in parenting?

You have a critical role to play in this process, which is to defend and protect your child. There are things for you to do. And the better you understand manifestation determinations, the more confident and effective you will be in protecting your child.

What happens if a school finds no causal relationship between the misbehavior and a disability?

If they find no causal relationship between the misbehavior and a disability or IEP violation (no “manifestation of a disability”), then the school can punish your child just like any other student. In that case, the disciplinary action against your child can proceed.

What is misbehavior in IEP?

The misbehavior is instead addressed as a special education matter, usually with adjustments to the IEP through the usual IEP meeting process. This may include, but is not limited to, conducting a Functional Behavior Assessment (FBA) and creating or modifying an individualized Behavior Intervention Plan (BIP).

How to defend your child?

Defending your child has two main components. First, you’ll probably have to help the school to better understand your child. For the people at the meeting to make the right decision, they need to understand your child on a deep level. Right now, they may not have that level of understanding.

Can a school change placement for disciplinary reasons?

Although the school cannot change placement for disciplinary reasons if the misbehavior is found to be a manifestation of a disability, the administration does have an option to impose a temporary Interim Alternative Educational Setting (IAES) under certain specific circumstances based on the nature and seriousness of the misbehavior.

Can a school punish a child for misbehavior?

Under either scenario, if the causal connection is found then the misbehavior is deemed a “manifestation of a disability” and the school cannot punish your child for it.

What is manifestation determination?

Manifestation determination is a test employed when a student who receives special education services is considered for suspension, expulsion or any alternative placement due to some behavioral concern.

What is the process of determining if a student receives special education?

It is a process where the behavior of a student who receives special education is considered to determine if the actions that resulted in the consideration of some disciplinary action against the student were manifestations of the student's disability.

What is a manifestation determination review?

by Bill Brownley, Esq. When a child with a disability engages in behavior or breaks a code of conduct and the school proposes to remove the child, the school must hold a hearing to determine if the child’s behavior was caused by his disability. This hearing, a Manifestation Determination Review ...

What to do if you don't have documentation?

To schools, paper has power. If they have no documentation, they will defer to the psychologist or the most dominant personality on their side. Use well regarded reference material from a reputable university or perhaps a teacher's organization. Get the school to agree that your outside sources are valid ones.

The Facts

Z.B. involved a student with ADHD who was suspended for “assault” on a teacher and the refusal to follow directions, although there was significant dispute as to what the student actually did or did not do, with numerous witnesses giving differing accounts.

The Analysis

At the due process hearing, the Hearing Officer found that the manifestation determination was insufficient, ordered the school to do it again, and ordered an award of compensatory education for all days the student was out of school after the first ten days of the suspension.

Bottom Line

The case provides helpful lessons for school entities as they conduct manifestation determinations.