Manifestation Determination

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Manifestation
Determination
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Today’s Goals and Objectives….
• Define Manifestation Determination
• Discuss when to complete a Manifestation
Determination
• Identify the steps in the completion of a
Manifestation Determination
• Identify sources of documentation
necessary for a completion
of the process
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What is a
MANIFESTATION
DETERMINATION?
A manifestation
determination is a
procedure the ARC
must complete to
determine if a
behavior the child is
exhibiting is or is not
caused by the child’s
disability.
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When is a Manifestation
Determination Necessary?
707 KAR 1:340, Section 11…
(1) If an action is contemplated that will result in a change of
placement of a child with a disability who has engaged in
behavior that violated any rule or code of conduct of the
LEA that applies to all children:
(a) not later than the date on which the decision to take
action is made, the parents shall be notified of the
decision and provided with a copy of procedural
safeguards; and
(b) immediately, if possible, but in no case later than ten
(10) school days after the date on which the decision
to take that action is made, a review by the ARC and
other qualified personnel shall be conducted of the
relationship between the child's disability and the
behavior subject to the disciplinary action.
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• How does the ARC
arrive at the decision that
the behavior the child
exhibits is or is not a
MANIFESTATION OF
THE STUDENT’S
DISABILITY???
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The Steps Include:
1.
Collect and consider
relevant information
regarding the
incident(s)
2.
Review relevant
information already
collected
3.
Consideration of
guiding questions
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Step 1: Collect Relevant Information
Regarding the Incident(s)
• Collect Information…
– Interviews of involved parties;
– Interviews of witnesses;
– Gather other evidence
• Items, Video, Police reports
• Evaluation data…
– Observation information;
– Other data gathered by teachers or other
personnel;
– Other data in the child’s folder
– Documentation of any previous
disciplinary actions.
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Step 2: Review Relevant Information
Regarding the Incident(s)
• Review the collected
information and
existing relevant
information such as:
– Evaluation data
– Observation information;
– Other data gathered by
teachers or other
personnel;
– Other data in the child’s
folder
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• OK, we have
all that
information
gathered, now
what?
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Step 3: Consider the Guiding Questions
Were the services,
goals, strategies and
placements identified
in the IEP appropriate?
If the items in the
previous question
were appropriate,
were the components
or requirements of
the IEP provided and
implemented as
written in the IEP?
Did the disability
impair the student’s
ability to
comprehend the
impact and
consequences of
his/her behavior?
Did the student’s ability
impair his/her ability to
control his/her behavior the
situation in question?
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Let’s Analyze These
Four Questions:
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Were the services, goals, strategies and
placements identified in the IEP
appropriate?
ARC should consider:
– Was there a decrease in inappropriate
behavior as a result of the IEP & placement?
– Was there an increase in socially acceptable
replacement skills as a result of the IEP &
placement?
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Were the services, goals, strategies
and placements identified in the IEP
appropriate?
If the answer is “yes”:
• The behavior is most
likely not a manifestation
of the child’s disability;
If the answer is “no”:
• The behavior is most
likely a manifestation of
the child’s disability.
• Continue with the process
• The responsibility is the
school’s and no further
discipline for the incident
can occur, but more
restrictive placements
could be suggested for
discussion at the ARC
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meeting.
Decide if the behavior will require a
suspension of longer than 10 consecutive days
OR will result in a total for the current school
year exceeding 10 school days.
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Were the components or requirements
of the IEP provided and implemented as
written in the IEP?
ARC should:
• Interview teachers,
support personnel,
parents and student;
• Compare content of
IEP with actual
implementation
records and the
placement information.
• If the answer to this
question is “no” then
the blame falls on the
school. The ARC may
designate a more
restrictive placement
for the student.
• If yes, move on with
process.
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• Was the student
making progress in
his/her program?
– If yes, the behavior is
most likely not a
manifestation of the
child’s disability;
– If no, the behavior is
most likely a
manifestation of the
child’s disability.
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Did the disability impair the student’s
ability to comprehend the impact and
consequences of his/her behavior?
Conduct a student interview
to determine:
• If the child can communicate the
consequences of the behavior; and
• If he/she understands the adverse
effect of the behavior on self and
others.
• If the answer to this question (&
number 4) is “no” there is NO
manifestation of the disability
in the behaviors of the child and
the student is subject to the
same discipline as used for nondisabled students.
Conduct staff and parent interviews
to determine their perspectives as
to whether the child understands
the consequences of his/her actions
and the adverse effect effect of the
behavior on self and others.
• If the answer is “yes”, then
there can be no suspension of
the child.
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Did the student’s ability impair his/her
ability to control his/her behavior the
situation in question?
Obtain and review
information from staff and
parents regarding the
student’s prior behavior.
• Is there a pattern of similar
behavior?
– If yes, the behavior is most
likely a manifestation of
the child’s disability;
– If no, the behavior is most
likely not a manifestation
of the child’s disability.
• If the answer to this question
(& number 3) is “no” there is
NO manifestation of the
disability in the behaviors of
the child and the student is
subject to the same
discipline as used for nondisabled students.
• If the answer is “yes”, then
there can be no suspension
of the child.
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Video…
How to Discipline Students
with Disabilities Effectively and
Legally
• LRP Publications
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Now What?
Where do I go
from here?
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Contacting Today’s Presenters….
• Keith Lakes, Behavior Consultant
Upper Cumberland Special Education Cooperative
Phone: 606-364-4673
Email: [email protected]
• Lisa Smith, Instruction/Behavior Consultant
Upper Cumberland Special Education Cooperative
Phone: 606-337-3555
Email: [email protected]
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