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Manifestation Determinations

Learn about the process of determining if a student's behavior is caused by their disability and when and how to conduct a manifestation determination review.

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Manifestation Determinations

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  1. Manifestation Determinations Review of Suspension Meetings And Review of Placement Meetings

  2. What is a Manifestation Determination? A process to determine if a student’s behavior is caused by or has a direct relationship to his/her disability. When should a manifestation determination be conducted? During: • A Review of Suspension Meeting (ROS) Or • A Review of Placement Meeting (ROP) Click on the links above for descriptions and definitions

  3. Initiating the Meeting When a student exhibits a behavior that prompts disciplinary action that could result in a change of placement, a meeting must be scheduled and parents notified in writing within 24 hours of the decision to take disciplinary action. The meeting must be held within 10 school days. Click on the links below to view the paperwork required for each type of meeting. Review of Suspension Paperwork Review of Placement Paperwork

  4. Summary of the Process At the meeting: Step 1: Develop the student profile • Reason for referral, results of evaluation and date student was placed in Exceptional student education program(s). • Pertinent information such as grades, attendance, past discipline referrals and overall behavior. Step 2: Summarize the interventions used • Strategies, etc. that have been designed to assist student’ success at school. Be sure to include counseling and behavioral programs.

  5. Summary ofProcess Step 3: Analyze the placement • Provide information on work completion, behavior in class and at home, social interactions, and decision making • Appraise current information on Individual Education Plan (IEP) • Ask: Are interventions in place that address the student’s behavior as evidenced by the student’s IEP or does the analysis suggest that the IEP needs to be modified to more appropriately address the student’s disability? Step 4: Describe the Incident • Document accurate description of the incident and/or behavior that resulted in this meeting. Step 5: Conduct a Functional Behavior Assessment (FBA) and develop a Behavior Intervention Plan (BIP) • If the student did not have an FBA and BIP implemented prior to the meeting, an FBA and BIP should be completed at this time • If an FBA and BIP were in place, then the FBA and BIP should be reviewed

  6. Summary of Process Step 6: Make a manifestation determination Determine if a student’s behavior is caused by or has a direct relationship to his/her disability by considering the following : • all relevant and diagnostic information • Whether the student’s current IEP and placement were appropriate and being implemented • Whether the student’s disability impaired his/her ability to understand the impact and consequences of the behavior • Whether the student’s disability impaired his/her ability to control the behavior Note: If the student’s IEP, placement and services were not implemented or the student did not understand or was not able to the control the behavior, then the behavior is a manifestation of the student’s disability.

  7. Summary of Process Step 7: Make recommendations based on the needs of the student • Note that if the behavior is a manifestation of the disability, then the IEP team should respond by determining and implementing positive behavior interventions to address the behavior. Suspension/expulsion should not be applied. • If the behavior is not a manifestation, the student may be disciplined in the same manner as a student without a disability, except that a Free and Appropriate Education (FAPE) must continue to be provided to the student. Step 8: Review the student’s Individual Education Plan based on the needs of the student. • Any deficiencies related to the student’s IEP, educational placement or implementation of IEP, identified during the meeting should be addressed during the IEP review. Reminder: for subsequent removals that do not constitute a change in placement, the IEP team must review the BIP and make changes as needed.

  8. Comparison of ROS and ROP

  9. Review Questions • What is a Manifestation Determination? a. a process used to determine the function of a student’s behavior b. a process to get information for the behavior intervention plan c. a process to determine if a student’s behavior is caused by or has a direct relationship to his/her disability d. all of the above 2. When should a manifestation determination be conducted? a. during a Review of Placement meeting b. when all interventions have failed and more information is needed c. during a Review of Suspension meeting d. both a and c 3. Within _______ of the decision to take disciplinary action a meeting must be scheduled and parents notified in writing. a. 3 days b. 12 hours c. 1 week d. 24 hours

  10. Review Questions 4. What initiates a Review of Placement? a. an ESE student receives a discipline referral for an offence that might result in the expulsion of a general education student b. the ESE student needs more services c. the student’s behavior impedes the learning environment d. the need to determine the student’s psychological status • Which meeting requires district staff to be in attendance? • IEP reviews • Review of Placement meetings • Review of Suspension meetings • None of the above 6. Which form(s) would be required in a ROS and ROP? a. Manifestation Determination b. FBA/BIP c. IEP d. all of the above

  11. Review Questions 7. A Review of Placement always results in the removal of the student from the school setting. True False 8. A student can be removed from the school setting as a result of a Review of Suspension. True False 9. If the behavior is determined to be a manifestation of the student’s disability, the student remains in the current placement. True False

  12. Review Questions • What is a Manifestation Determination? a. a process used to determine the function of a student’s behavior b. a process to get information for the behavior intervention plan c. a process to determine if a student’s behavior is caused by or has a direct relationship to his/her disability d. all of the above 2. When should a manifestation determination be conducted? a. during a Review of Placement meeting b. when all interventions have failed and more information is needed c. during a Review of Suspension meeting d. both a and c 3. Within _______ of the decision to take disciplinary action a meeting must be scheduled and parents notified in writing. a. 3 days b. 12 hours c. 1 week d. 24 hours

  13. Review Questions 4. What initiates a Review of Placement? a. an ESE student receives a discipline referral for an offence that might result in the expulsion of a general education student b. the ESE student needs more services c. the student’s behavior impedes the learning environment d. the need to determine the student’s psychological status • Which meeting requires district staff to be in attendance? • IEP reviews • Review of Placement meetings • Review of Suspension meetings • None of the above 6. Which form(s) would be required in a ROS and ROP? a. Manifestation Determination b. FBA/BIP c. IEP d. all of the above

  14. Review Questions 7. A Review of Placement always results in the removal of the student from the school setting. True False 8. A student can be removed from the school setting as a result of a Review of Suspension. True False 9. If the behavior is determined to be a manifestation of the student’s disability, the student remains in the current placement. True False

  15. Definition of Change of Placement • The removal of the student for more than 10 consecutive school days from his/her current school environment and/or educational placement as stated on the student’s IEP. • The student is subjected to a series of removals that constitute a pattern because the cumulative amount is more than 10 school days in a school year.

  16. Review of Suspension Meeting A Suspension Review MUST be held when an ESE student accumulates 10 days of suspension, either cumulatively or for a single offense. The procedure for this meeting MUST be initiated immediately (within 24 hours) on the day the decision is made to suspend the student for 10 days or the suspension results in an accumulation of 10 days. The meeting must occur within 10 school days and prior to the student serving an 11th day of suspension in order to establish if suspension is still an option that should be utilized. It is best practice to hold a Suspension Review when a student reaches 5 days of suspension. During the review the following occur: a manifestation determination, a functional behavior assessment, a behavior intervention plan and a review of the individual education plan IMPORTANT- An accumulation of 10 suspension days MUST result in a Suspension Review, but does not automatically mean that a Review of Placement is necessary.

  17. Review of Placement Meeting For instances of a specific referable offense that might result in expulsion for a student in the general education environment, a Principal may request a Review of Placement for a student with a disability. The Program Specialist for Intervention Services or a District Representative MUST facilitate the meeting. The procedure MUST be initiated immediately (within 24 hours) of the student receiving due process for the offence and the decision to take disciplinary action. The 24 hour timeline cannot be waived. Call the Intervention Services office (469-5570) immediately after the Principal’s decision to request a Review of Placement to schedule a meeting date and time. During the Review of Placement the following occur: a manifestation determination, a functional behavior assessment, a behavior intervention plan and a review of the individual education plan

  18. Review of Suspension Paperwork Notice the parent in writing within 24 hours of the decision to conduct a suspension review. The meeting should take place as soon as possible and an attempt made to notify the parent in person or by phone on same day the decision is made to take disciplinary action. The parent MUST receive in writing: 1. Completed Parent Invitation Notice of Meeting 2. Legible copy of the discipline referral that has been processed with the student (if action is result of a disciplinary referral) 3. Suspension letter (refer to your school’s procedure) that include dates of suspension (if action resulted in suspension) 4. Copy of the Procedural Safeguards

  19. Review of Placement Paperwork • Call the Intervention Services office (469-5570) immediately after the Principal’s decision to request a Review of Placement to schedule a meeting date and time. 2. Notice the parent in writing within 24 hours of the decision to conduct a review of placement. The meeting should take place as soon as possible and an attempt made to notify the parent in person or by phone on same day the decision is made to take disciplinary action. The parent MUST receive in writing within 24 hours: • Completed Parent Invitation Notice of Meeting • Letter to the parent informing them of the Request for Review of Placement C. A legible copy of the discipline referral that has been processed with the student. Documentation MUST indicate that the referral was explained to the student and that the student was given the opportunity to tell what happened. Referral MUST include student signature or documentation that student refused to sign. D. Suspension letter (refer to your school’s procedure) E. Copy of Procedural Safeguards

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