A REVIEW OF THE MDR PROCESS FOR STUDENTS WITH IEPs

1. A REVIEW OF THE MDR PROCESS FOR STUDENTS WITH IEPs January 17, 2019

2. When is a MDR needed? • Any discipline--related change in a Special Education student's ARD--approved placement (IEP) for longer than 10 days in a school year, consecutive or not, requires that the ARD Committee meets to conduct a MDR. • These are conducted BEFORE taking disciplinary action to remove a special education student from his/her educational placement • Includes students serviced under 504 and those in the special education referral process

3. Notice of Manifestation Determination (MDR) ARD Meeting • Campus schedules the MDR meeting keeping in mind the time needed to prepare for the meeting& the time of the PPS conference/hearing • There is no such thing as an emergency MDR • LSSP coordinates MDR Meeting with Administration, parents and regular education teacher.   • This is an ARD meeting: all core ARD committee members are required to attend

4. Notice of Manifestation Determination (MDR) ARD Meeting • MDRsmust be heldwithin 10 school days after the incident • These include MDRs needed for students serviced in 504 and within the special education referral process • Attempt to schedule MDRmeeting before the conference/hearing, with parent agreeing to waive 5-day Notice for the meeting • Parent’s agreement to waive must be made without duress

5. Notice of Manifestation Determination (MDR) ARD Meeting • If not able to schedule before theconference/hearing, provide the parent 5-day Notice & schedule it, with the understanding that the MDRmeeting will occur with or without parent attendance • An MDRdoes not get rescheduled at parent convenience. This needs to be completed • Always send an ARD Notice to schedule & do not rely on phone calls alone • If parent doesn’t respond or states that they want to reschedule at a date that would exceed the 10 days, have the meeting without them & assume the parent does not waive the 5-day PWNto implement decisions (provide copies)

6. During the MDR Meeting • Administrator summarizes the investigatory results • LSSP reviews the characteristics/behaviors associated with student’s identified disability • LSSP reviews program of services and supports as associated with the disability & discusses if the program was delivered appropriately • Addresses any other relevant information, including parent information (be sure to reflect parent’s voice)

7. During the MDR Meeting • LSSP addresses the two questions through discussion of the relationship of the behavior(s) involved in the incident vis-à-vis the behavior directly & substantially associated with the disability(s) & the delivery of services appropriately implemented • LSSP makes recommendation to the ARD committee regarding if the behavior(s) is/is not a manifestation

8. During the MDR Meeting • Discusswhether the parent waives the 5-daysprior written notice (PWN) for implementation • If the parent does not waive their 5-daysPWN for implementation, discuss the interim placement (ISS) for the student • The 5-day PWN for implementation beings the day after the MDR occurs

9. Parent Considerations at MDR Meeting • What if the parent disagrees with the MDR committee decision? • If you do not reach agreement, you do not offer a 10-day recess • You have a disagreed upon meeting (“ARD committee with the exception of the parent, agrees…”) • Refer the parent to the Notice of Procedural Safeguards given at the beginning of the meeting • You dooffer parent’s an opportunity to write a statement describing their disagreement

10. After the MDR Meeting • Be sure to complete the PWN for implementation & provide it to the parent within 5 school days if it was not provided at the end of the meeting • Be sure to place the PWN for implementation in the student’s audit file • REMINDER: PPS will hold their decision in abeyance if the MDR meeting cannot be held before the conference/hearing because the parent will not waive their 5-day Notice of the meeting • Be sure to send all relevant parts of the MDR record to PPS at the conclusion of the MDR (to include the signature page and the signed PWN for implementation)

11. What About “Stay Put”? • Congress & U.S. House Committee on Education language with regard to “stay put” in discipline disputes: • “shall remain” in the interim AEP setting pending resolution or disciplinary time period • Parent files a due process hearing - expedited hearing (20 school days) • “Stay Put ” only applies in non-disciplinary disputes

12. What About “Stay Put”? • Stay put with regard to disciplinary actions does not apply in the same manner as other situations involving a filing for failure to identify &/or failure to deliver FAPE • If the parent disagrees & does not waive the 5-daysPWN to implement, the student is interim placed for 5 days in ISS

13. Retroactive Waiving of PWN • If parent reconsiders after the meeting, parent may retroactively waive PWN • This requires parent to speak with campus representative (typically LSSP) and review PWN • Following this discussion, LSSP will document the reconsideration with a signedwritten letter • Upon completion, the letter is added to student’s electronic record and PPS is notified of the parent’s decision. Student may then begin implementation of PPS decision

14. Sample Parent Letter

15. What If the Behavior is a Manifestation? • ARD committee must conduct a Functional Behavioral Assessment (FBA) • ARD committee must develop BIP or review the existing BIP to address the behavior exhibited in the incident and determine if revision is needed • ARD committee must return the student to the placement from which (s)he was removed

16. What Does ISSLook Like? • Campus will need to ensure that general education & special education supports are pushed into the ISS interim placement • Campus will need to ensure/address specials, P.E., etc. • Support provider or teacher will need to go into ISS (can be done during conference period) • Campus will need have documentation that the services were provided

17. Questions?