Transcript Manifestation Determination Review for EmD and OHI Students

Manifestation Determination
Review
Presenter: Nanolla Yazdani, Ph.D.
School Psychologist
To be or not to be, that is the question…
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
2
This review is required by the Federal Individuals
with Disabilities Education Act (IDEA) when a child
with disabilities is suspended for more than 10 days
at once or more than 10 total days in a school year if
the suspensions exhibit a pattern (i.e. four three-day
suspensions for fighting). The meeting should be
held within the ten school days of the suspension by
local educational agency, school (LEA). The meeting
is to determine whether the behavior that led to the
suspension was a manifestation of the child's
disability or a direct result of the school's failure to
implement the IEP. If it was, he may not be
suspended for it.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
3
• MDRs were first introduced into IDEA with
1997 amendments.
• The process has been simplified under IDEA
2004, which is:
• Limits the requirement to perform a manifestation
determination to removals that constitute a
change of placement under IDEA’s disciplinary
procedures; and
• Does not require a manifestation determination
for removals for less than 10 consecutive school
days that do not constitute a change in
placement.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
4
• The IDEA requires the IEP Committee to
conduct a manifestation hearing if
student’s removal or disciplinary action
creates a change of placement.
• The IEP Committee must conduct the
hearing to determine whether the student’s
misconduct is a manifestation of (that is,
caused by) the disability.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
5
Under §300.530 (e), an MDR must occur
within 10 school days of any decision to
change the student’s placement because of
a violation of a code of student conduct.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
6
• The Local Educational
Agency (LEA) district.
• The Parent.
• The relevant members
of the IEP Committee
(as determined by the
parent and district).
February 2013
To determine if the conduct in
question:
• Was caused by, or had a
direct substantial
relationship to, the child’s
disability.
• Was a direct result of the
school’s failure to implement
the IEP.
If the determination of the
team is YES to either I or II,
the behavior must be
considered a manifestation of
the student’s disability.
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
7
Is the student’s IEP
appropriate?
• Are the appropriate
goals in place?
• Is the student’s
schedule appropriate?
• Are the student’s
academic and
behavioral needs being
addressed?
February 2013
Is the student’s
placement appropriate?
• Does the student’s IEP
have an appropriate
BIP?
• Did the IEP address the
student’s past
misconduct?
• Were the goals and
objectives appropriate
for student?
• Was the student making
progress in the current
placement?
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
8
• Were the special
education services,
supplementary aids
and services, program
modifications or
supports for school
personnel and
behavioral intervention
strategies provided
consistent with the
student’s IEP and
placement?
February 2013
• Have present levels of
performance and the
accommodations page
of IEP been shared
with appropriate staff?
• Refer to data gathered
for BIP (monitoring
data) if applicable.
• Has BIP been shared
with appropriate staff?
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
9
• Description of behavior subject to disciplinary
action (setting events, antecedents,
details…).
• Student’s IEP and placement (goals,
accommodations/modifications, supports,…).
• Any teacher observations of student.
• Evaluation and diagnostic results.
• Evaluation and other information provided by
the parent.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
10
How to determine
whether the conduct in
question was caused by
child’s disability?
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
11
After reviewing all relevant information in
students file, the team determines:
• Whether the student has severe intellectual impairment
that may result in impaired judgment and/or reasoning;
in the ability to understand that the behavior in question
was wrong?
• Whether the student understands cause and effect?
• The effect of severe emotional disturbance (e.g.,
schizophrenia, major depressive episode) and whether
there is evidence that it had a direct relationship to
student’s behavior.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
12
• Whether the child has a neurological impairment or
medical condition that directly impacts and/or
produces involuntary or uncontrollable behavior
(e.g., Tourette Syndrome, seizure disorder), and
whether the medical condition has direct
relationship to behavior (e.g., Enuresis, ADHD, or
Asperger’s).
• Whether the student has shown a history of
voluntary control of behavior in question (lack of
ability to control vs. historically able to control).
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
13
How to determine
whether the conduct in
question was the direct
result of the LEA’s failure
to implement the IEP
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
14
After reviewing all relevant information in the
student’s file, the team determines:
• If the student was deriving reasonable
educational benefit from his/her program.
• If the student’s needs were being addressed
through the IEP (e.g., communication,
instructional strategies and levels, behavioral).
• If the FBA and BIP are present, are appropriate,
and being correctly implemented.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
15
• If a Positive Behavioral Support Plan is present, is
it appropriate and being implemented.
• Review progress monitoring data (academic and
behavioral); evaluations and diagnostic
information, classroom/student observations and
teacher/staff/parent/student interview Information.
• Review specific designed instruction, related
services and supports for school personnel as
specified in student’s IEP. Were the necessary
resources available as part of the student’s
program?
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
16
Conclusion
If the conduct/behavior
was caused by
student’s disability or is
the direct result of the
school’s failure to
properly implement
IEP, the behavior must
be considered as a
manifestation of
student’s disability.
February 2013
If the behavior subject to
disciplinary action is a
manifestation of student
disability, the IEP and
placement must be
reviewed and revised as
appropriate.
If the student’s behavior
is not manifestation of
his/her disability,
disciplinary action may
be taken.
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
17
Not manifestation of child’s
disability
The relevant disciplinary
procedures applicable to
children without disabilities may
be applied, but the school
district must continue to make a
FAPE (Free and Appropriate
Public Education) available to
the student.
February 2013
A manifestation of child’s disability
The IEP team must either (1) Conduct
an FBA, unless the school had
conducted an FBA before the
behavior resulted in the change of
placement occurred, and implement
a BIP for the child; or (2) if a BIP
already has been developed, review
the BIP, and modify it, as necessary,
to address the behavior; and return
the child to the placement from which
the child was removed, unless the
parent and school agree to change of
placement as part of the modification
of the BIP.
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
18
• School personnel may report crime(s) to law enforcement
authorities. If a crime is committed by a student with disability,
copies of the special education and disciplinary records must be
transmitted for consideration by authorities. School may obtain a
temporary restraining order (TRO).
• School personnel may remove a student to an interim alternative
educational setting for not more than 45 days without regard to
whether the behavior is determined to be a manifestation of the
disability. On day 46, the student returns to the school
environment he/she was removed from, unless the IEP Committee
determines another LRE is appropriate.
• The parent or the district may request a due process hearing if a
parent disagrees with any decision regarding placement or
manifestation determination, or the school believes that
maintaining the current placement of student is substantially likely
to result in injury or to the student or to others.
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
19
• Does the student’s
disability impair the
ability of the student
to understand the
impact and
consequences of
behavior subject to
the disciplinary
action?
February 2013
• For SLD, refer to
observation/history of
past behavioral
patterns.
• For EmD, suggest a
need of specific
observations and/or
data gathered in
regard to student’s
behavior(s).
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
20
• Does the student’s
disability impair the
ability of student to
control the behavior
subject to disciplinary
action?
February 2013
• Consider whether
student has been able
to control behavior,
follow rules in the past.
• Consider whether the
student’s cognitive
ability is a concern in
understanding rules.
• Consider whether the
student’s emotional
stability is an issue in
controlling behavior(s).
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
21
• In case of legal
challenge, what
are the crucial
documents?
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
22
• Notice of Committee Meeting/Parent
Invitation Response Form
• Manifestation of Determination Review
• Notice of Change in Placement, if needed
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
23
• Description of behavior subject to disciplinary action
• Behavior in question and its possible relationship to
the student’s disability
• Evaluation and diagnostic results, including parents
and school reports
• FBA, BIP, and progress monitoring documentations.
• Verification of disability category and other identified
disorders
• Review of current IEP and assessment reports
• Consideration of LRE
• Observations of the student
February 2013
Office of Instructional Enhancement and Internal
Operations/Office of Special Education
24