Manifestation Determination Review (MDR)

2. Manifestation Determination Review(MDR) • Administrator makes disciplinary recommendation • MDR is required within 10 school days of the decision to make a change of placement due to a violation of the code of conduct • Change of placement • Removal is for >10 consecutive school days • Series of removals that constitute a pattern

3. Pattern: • the series of removals totals more than 10 school days in a school year; • the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and • Because of such additional factors as: • The length of each removal • The total amount of time the child has been removed; and • The proximity of the removals to one another *all 3 standards must be met to constitute a change of placement; change of placement requires a MDR

4. Is this a change of placement? • A student was removed for 3 days in September, 3 days in November, 3 days in February, and then another 3 days in April. The removals are spread out over time and of short duration. The student’s educational progress remains good. • removed more than 10 days? • behavior similar to previous incidents? • length of each removal • total amount of time removed • proximity of removals to one another • Not a change of placement. Although the removals total more than 10 days, the removals were spread out, each removal was for a short time period, and the student’s academic progress falls in an acceptable range. From Discipline Flowchart Online Training, Region 20 Yes Not sure Short 12 days Spread out over time

5. For each day of removal beyond 10 days, school personnel, in consultation with one of the child’s teachers, decide what services need to be provided • to enable the child to participate in the general education curriculum and • progress toward meeting IEP goals.

6. Parent Notification • If the removal constitutes a change of placement, the parents must be notified that same day: • of the disciplinary decision, and • provided procedural safeguards

7. Manifestation Standard #1: Was the conduct in question caused by, or had a direct and substantial relationship to, the student’s disability? • Causation is very specific to the individual student’s form of the disability, not a generic form of the disability. • Consider the circumstances around the behavior: What happened before? Was it planned? Where did it happen? Who was involved?

8. Greg, a student with a moderate intellectual disability, is found running down the hall with no pants on. The principal wants to send him to the AEP. The circumstances are that Greg had been using the restroom and found that there was no toilet paper. He left the restroom (without putting his clothes back on) to find a teacher to ask for toilet paper. • Not causal – but probably a direct and substantial relationship (poor problem-solving skills). Modified from Discipline Flowchart Online Training, Region 20

9. An attenuated association does not meet this standard A student with an orthopedic impairment has low self esteem and consciously misbehaves in order to gain attention or approval from peers. “Although such a scenario may be common among handicapped children, it is no less common among children suffering from low self-esteem for other, equally tragic reasons.” From Discipline Flowchart Online Training, Region 20

10. Manifestation Standard #2: Was the conduct in question the direct result of the school’s failure to implement the IEP? • Was there a failure to implement the IEP? • Did this failure cause the misconduct? • Not having a study guide (or another accommodation as indicated on the ARD documents) must be corrected, but did not cause the student to vandalize the bathroom.

11. When behavior is NOT a manifestation of the disability • Relevant disciplinary procedures may be applied in the same manner and for the same duration as the procedures would be applied to students without disabilities. • The alternative setting must allow the student to: • Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the student’s IEP; and • Receive, as appropriate, a FBA and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur

12. When behavior IS a manifestation of the disability • Return the student to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavior intervention plan. • The IEP team must either: • Conduct a FBA and implement a BIP for the student; or • Review the current FBA and BIP and modify as necessary to address the behavior.

13. Remember: • An assessment person must participate in the MDR to address each area of disability • LSSP for ADHD, ED, AU • SLP for SI • Diagnostician (or LSSP) for LD, ID

14. When a student is being referred to DAEP, Highpoint, etc. • Inform Janet Olson Gay of referral • Invite a representative from that program to the ARD • Elementary DAEP: Lynn Sweeden • Secondary DAEP: Richard Paz

15. MDRs on esped… • 1 screen in ARD forms/Supplements called “Manifestation Determination Review” • Let’s look at an example….

16. Elementary

17. Secondary

18. Secondary DAEP • To avoid confusion, DAEP should be the primary source of information about their program (e.g., dress code). • 60 days or completion of the behavior management system, whichever comes first • Combined point and level system; need to earn 10 days on each of 3 levels • Opportunities for “double days” and points via activities

19. Texas Behavior Support Initiative (TBSI) • Meets TEA requirements for training on the use of restraint and time-out for students with disabilities. • Also designed to build campus level knowledge and skills on the use of Positive Behavior Supports for students with disabilities and to build campus level capacity on the use of positive behavior interventions with all students.

20. Core teams on each campus (at least four people per team) must be trained in all 7 modules of TBSI. Core teams consist of: administrator or designee, general or special education personnel likely to use restraint or time out, other personnel • The 7 training modules of TBSI are on the handout. Free on-line training for modules 1 through 6 is available through Region 4. • Principals will be asked to send in a list of their campus core team.

21. Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 school days following the use of restraint.    • Call Janet….

22. Restraint • From the Texas Administrative Code §89.1053Procedures for Use of Restraint and Time-Out • Restraint means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the student’s body.

23. Use of restraint. A school employee, volunteer, or independent contractor may use restraint only in an “emergency” and with the following limitations:

24. Use of restraint. A school employee, volunteer, or independent contractor may use restraint only in an “emergency” and with the following limitations: • "Emergency" means a situation in which a student's behavior poses a threat of: • Imminent, serious physical harm to the student or others; or • Imminent, serious property destruction.

25. Use of restraint. A school employee, volunteer, or independent contractor may use restraint only in an “emergency” and with the following limitations:

26. Restraint shall be limited to the use of such reasonable force as is necessary to address the emergency. • Restraint shall be discontinued at the point at which the emergency no longer exists. • Restraint shall be implemented in such a way as to protect the health and safety of the student and others. • Restraint shall not deprive the student of basic human necessities.

27. Clarification regarding restraint. Restraint does not include:  (1)  physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;      (2)  limited physical contact with a student to promote safety (e.g., holding a student's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, redirect attention, provide guidance to a location, or provide comfort;   

28. (3)  limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will be reflected in the individualized education program (IEP) to promote student learning and reduce and/or prevent the need for ongoing intervention; or  (4)  seat belts and other safety equipment used to secure students during transportation.

29. Restraint forms on esped… • Follow “Restraint Procedures” on Sharepoint (#1104) • 2 screens per restraint, found in Notices: “Written Summary of Restraint Use” and “Notification of Use of Restraint” • When listing the names of staff members administering restraint, please also include each staff member’s specific job role (e.g., teacher, assistant principal). Example: John Doe/Teacher. • Teachers now have access to restraint forms on esped • Don’t need to archive restraint forms