Manifestation Determinations

1
Manifestation Determinations

• Review of Suspension Meetings
• And
• Review of Placement Meetings

2

• What is a Manifestation Determination?
• A process to determine if a students 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
3
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.

• Review of Suspension Paperwork

• Review of Placement Paperwork

4
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.

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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
  students behavior as evidenced by the students
  IEP or does the analysis suggest that the IEP
  needs to be modified to more appropriately
  address the students 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

6
Summary of Process

• Step 6 Make a manifestation determination
• Determine if a students behavior is caused by or
  has a direct relationship to his/her disability
  by considering the following
• all relevant and diagnostic information
• Whether the students current IEP and placement
  were appropriate and being implemented
• Whether the students disability impaired his/her
  ability to understand the impact and consequences
  of the behavior
• Whether the students disability impaired his/her
  ability to control the behavior
• Note If the students 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 students disability.

7
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 students Individual Education
  Plan based on the
• needs of the student.
• Any deficiencies related to the students 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.

8
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.
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Review Questions

• What is a Manifestation Determination?
• a. a process used to determine the function of
  a students behavior
• b. a process to get information for the
  behavior intervention plan
• c. a process to determine if a students
  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

10
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 students behavior impedes the learning
  environment
• d. the need to determine the students
  psychological status
• Which meeting requires district staff to be in
  attendance?
• IEP reviews
• Review of Placement meetings
• Review of Suspension meetings
• 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

11
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 students disability, the
  student remains in the current placement.
• True False

12
Review Questions

• What is a Manifestation Determination?
• a. a process used to determine the function of
  a students behavior
• b. a process to get information for the
  behavior intervention plan
• c. a process to determine if a students
  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

13
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 students behavior impedes the learning
  environment
• d. the need to determine the students
  psychological status
• Which meeting requires district staff to be in
  attendance?
• IEP reviews
• Review of Placement meetings
• Review of Suspension meetings
• 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

14
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 students disability, the
  student remains in the current placement.
• True False

15
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 students 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.

16
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.

17
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 Principals
  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

18

• Review of Suspension Paperwork

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
schools procedure) that include dates of
suspension (if action resulted in suspension) 4.
Copy of the Procedural Safeguards
19

• Review of Placement Paperwork

• Call the Intervention Services office (469-5570)
  immediately after the Principals 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
• Completed Parent Invitation Notice of Meeting
• 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 schools
  procedure)
• E. Copy of Procedural Safeguards