Manifestation Determinations - Exceptional Student Education

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Manifestation Determinations
Review of Suspension Meetings
And
Review of Placement Meetings
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
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.
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.
Summary of Process
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
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.
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.
Comparison of ROS and ROP
Procedure
Review of Suspension
Review of Placement
Initiates with a
discipline referral
Yes- student has accumulated 10 days of
suspension
Yes- a specific referable offence occurs that
might result in expulsion proceedings for a
student in general education
Parents notified in
writing within 24
hours
Yes- include copy of referral, parent invite,
suspension letter, and procedural
safeguards
Yes- include copy of referral, parent invite,
suspension letter, and procedural safeguards additionally, a letter informing parent of
Request for Review of Placement
District staff attends
No
Yes- the Program Specialist for Intervention
Services must set the date and time for the
meeting (469-5570)
Scheduled within 10
days
Yes- Within 10 school days of the
completion of 10 suspension days and
before the 11th day of suspension occurs
Yes- Within 10 school days from the removal
date for the offense
Components of the
meeting
Manifestation determination, FBA, BIP,
and IEP review
Manifestation determination, FBA, BIP, and
IEP review
Results in removal
from school
No- positive support interventions are
determined to address the behavior in the
school setting
Maybe- if the behavior is a manifestation of the
students disability, the student remains in the
current placement. If drugs or weapons are
involved, the student may be removed for 45
days. If the behavior is not a manifestation,
then the student can receive the same
consequences as any other student as long as
FAPE is still provided.
Review Questions
1.
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
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
5.
Which meeting requires district staff to be in attendance?
a. IEP reviews
b. Review of Placement meetings
c. Review of Suspension meetings
d. 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
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
Review Questions
1.
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
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
5.
Which meeting requires district staff to be in attendance?
a. IEP reviews
b. Review of Placement meetings
c. Review of Suspension meetings
d. 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
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
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.
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.
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
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
1. 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:
A. Completed Parent Invitation Notice of Meeting
B. 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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