Manifestation Determination Hearing

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09/13
Procedures for Manifestation Determination Review (MDR)
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The purpose of this review is for disciplinary reasons:
a.
because the student is recommended for expulsion ( other than drugs/weapons)
b.
or the student has been suspended for a cumulative of 10 or more days. ( including
bus, if student is not in school)
The school administrator contacts the parent regarding the disciplinary offense and notifies
the parent in writing about the Manifestation Determination Review (MDR), to be held within 3
days of offense
The IEP Team convenes to review disciplinary offense, previous referrals/offenses, student’s
last evaluation, grades, attendance, schedule and current IEP.
If there is NO recent Functional Behavior Assessment (FBA) on file, this must be conducted
during the beginning of the MDR meeting.
Follow Re-evaluation Review Procedures, if conducting an FBA.
All teachers must complete the FBA Checklist ( SPE 78 A/B) prior to the MDR meeting.
The MDR form is then completed, answering the 2 questions, with the IEP Team responding
through consensus. (SPE 83)
If the committee determines that the disciplinary offense is related (a manifestation) to the
student’s disability, then no further disciplinary action can be incurred.
Next Steps: The IEP team must:
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Return the child to the placement from which the child was removed, unless the
parent and the school agree to a change of placement as part of the modification
of the behavioral intervention plan; and
 Either:
Implement a new Behavioral Intervention Plan (BIP) for the child;
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If a BIP has already been developed, review the behavioral intervention plan,
and modify it, as necessary, to address the behavior.
The IEP Team can make further recommendations for changes in service, with parental
consent.
If the committee determines that the disciplinary offense is NOT related (not a
manifestation) to the student’s disability, then school/district may take further action.
HOWEVER: the student continues to be entitled to complete special ed. services, even
if expelled from school.
Forms needed:
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SPE 75-1
SPE 75 -2
SPE 78 A/B
SPE 77
SPE 20
SPE 21
SPE 26a
SPE 83
Notifications/Responses (1st & 2nd )
Excent IEP Amendments, if services change
Excent Follow Up Letter
Parent Consent for Re-evaluation (if no FBA in place)
Functional Behavior Assessment (Required unless a current FBA on file)
Behavior Intervention Plan
FBA Teacher Checklist
Re-evaluation Review
Monitoring Checklist
Minutes
Status Sheet
Manifestation Determination Form
Procedures:
1.
2.
Psychologist and Case Manager chair the meeting with administrator, guidance,
parents, regular ed teacher and student to review the student’s disciplinary offense and
special ed placement as it relates to the disciplinary offense and special ed placement /
services.
The IEP Team, with the school psychologist as the lead, answer the 2 questions on the
Manifestation Determination Form. ( SPE 83)
09/13
3.
4.
Follow Re-evaluation Review Procedures if no Current FBA in file. Conduct a
Functional Behavioral Assessment (FBA), unless the school had conducted an FBA
before the behavior that resulted in the MDR. (within 1 year)
If the outcome indicates the offense IS RELATED to the disability, no further
disciplinary action can be taken.
IEP team must:
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Return the child to the placement from which the child was removed, unless the
parent and the school agree to a change of placement as part of the modification
of the behavioral intervention plan; and
 Either:
Implement a Behavioral Intervention Plan (BIP) for the child;
 or
If a BIP has already been developed, review the behavioral intervention plan,
and modify it, as necessary, to address the behavior.
The committee will discuss additional supports / services the student may need to
address the problematic behavior. In some cases, the student’s IEP is amended to
reflect changes in service. Options for Alternate Services:
 Alternative School, with Special Services included
 Medical Homebound, if a Mental Health diagnosis is applicable
If the outcome IS NOT RELATED to the disability, the committee discusses whether the
case will be forwarded to district Disciplinary Committee for possible Expulsion or if
additional supports/services are needed to address the problematic behavior.
Options for placement if the Offense is NOT Related:
 Expulsion, with home based complete services
 Alternative School, with special services included
 Other district service options, as available
If the student is placed on Home-based Services, the IEP LRE is amended In Excent
and a Home-based teacher is assigned by the guidance counselor.
Home-based students are to be reviewed by the full IEP Team every 45 days, to
determine if the placement continues to be appropriate or whether the student should
return to school.
Send All Originals of Invitations / Responses, 26 , (if applicable) to the Special Services
within 2 weeks of the meeting date.. Your school attendance secretary should also
receive a copy of SPE 26a for EFA changes.
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