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Manifestation Determination

Manifestation Determination. EDAD 620 Intro to School Law RATWIK SCSU FALL 2011. Became Federal Law with the IDEA Amendments of 1997. Inquiry into whether a student’s behavior was related to his/her disability. (10 days after making the disciplinary decision.).

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Manifestation Determination

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  1. ManifestationDetermination EDAD 620 Intro to School Law RATWIK SCSU FALL 2011

  2. Became Federal Law with the IDEA Amendments of 1997. • Inquiry into whether a student’s behavior was related to his/her disability. (10 days after making the disciplinary decision.)

  3. The district shall notify the parent of the decision to take disciplinary action and of the procedural safeguards NO LATER THAN THE DATE ON WHICH THE DECISION IS MADE.

  4. If there is a relationship, the student CANNOT be suspended for over 10 days or expelled. • If there is no relationship, the student maybe be disciplined in the same manner as a student without disabilities, including long-term suspension or expulsion.

  5. IEP team must convene no later than 10 school days when: • Parent requests such a meeting following a disciplinary incident. • A student is suspended for 5 or more consecutive days.

  6. IEP team must convene no later than 10 school days when (cont’d): • A student is suspended for more than 10 cumulative days in a school (and for every suspension thereafter). • A change in placement for more than 10 consecutive days is being sought for disciplinary reasons. • Exclusion or expulsion is being considered.

  7. IEP team discusses the following questions... • Are the IEP and placement, supplementary aids and services judged to be appropriate by the IEP team? • Are the IEP services and behavioral intervention strategies described on the IEP consistently applied? • Does the disability impair the student’s ability to understand the impact and consequences of the behavior?

  8. If parent disagrees with a determination … …that the student’s behavior was not a manifestation of the student’s disability, or with any decision regarding placement….

  9. S-1 vs. Turlington • Expulsion of nine students, one requested a hearing to determine if his behavior was associated with his disability. • S-1 said his rights violated under EAHCA. • Fifth Circuit Court ruled for S-1- “may not be expelled without a hearing to determine whether the conduct exhibited by the child was related to his or her disability.” • *EAHCA-Education for All Handicapped Children Act (referred in 1990 as IDEA, and amended and became known as IDEIA in 2004)

  10. Other amendments regarding discipline of IDEA 1997 • May place student in interim alternative education setting or other setting for up to 10 days. • May suspend the student for up to 10 days • May place the student in interim alternative educational setting for up to 45 days, if student carries a weapon to school or a school function or illegally uses drugs or sells or solicits the sale of a controlled substance at school or a school function. (Stay put rule does not apply)

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