Manifestation determination meeting is set

[Shari]

for next Monday.

I thought they had to do an FBA, etc? Granted, the person who would do that is Wee's SpEd teacher, so I'm not sure she'd really need to observe him, but...

Is there any chance of seeing the info they've gathered prior to the meeting?

 

[tiredmommy]

I believe you are supposed to have materials in hand at least 10 days prior to meeting.

 

[Shari]

Would that include copies of their "findings"? I've asked to get their info in advance before and have always been denied.

Perhaps I should just go look at his file about Thursday.

 

[gcvmom]

Shari, you might want to PM Sheila who is the Special Education moderator... she may be able to answer your question. Wish I could!

 

[susiestar]

I strongly advise taking an attorney to this. Protect wee's rights. Sheila will be able to tell you the proper proceedings, as well as what kinds of experts they are required to have (and sp ed person is NOT going to be able to be that expert, though they may try that).

PLEASE check with Sheila about this. I sure hope you can get them to send him to the next district, and then to the good school!

 

[smallworld]

Shari, this is considered a legal proceeding. You should take an attorney with you. You don't want to get steamrollered by the SD.

 

[SRL]

Be aware that it's possible that the school district may have legal representation there as well. Here's some info to prep for the hearing from Wrightslaw.
http://www.wrightslaw.com/info/discipl.mdr.strategy.htm

I believe that a FBA is not required by federal law in this instance, but may be required by individual states. Here's a blurb I found on Missouri school law regarding suspension and doesn't look like a FBA is mandatory. This is dated Nov 2007 and I have no idea if there's anything more recent. Thos are the kinds of specifics that an educational attorney will be able to help you with.
https://web.archive.org/web/2010052...liance/StandardsManual/documents/300-Disc.pdf

 

[SRL]

Also, here's the searchable IDEA website:
http://idea.ed.gov/explore/home

 

[klmno]

It's my understanding that if it's determined this is a manifestation of the disability, then a FBA must be done, then after the FBA changes are to be made to the Behavioral Plan. Shari, my son went thru a manefestation hearing in 6th grade and even though I had them put in the report that I was not in agreement with "their" (the asst prinicipal's) findings that it was not a manifestation, I signed the darn thing because the asst principal told me I had to- that is why I made sure she put in my disagreement first. It didn't matter- that was reason enough for them to put my son on a long term suspension for the rest of the school year (From mid Mar. thru mid-June) and require my son to go before a hearing officer. Their own hearing officer said due to his IEP, they had to place him on homebound instead of straight suspension. The homebound was on paper only- no teacher ever showed up. During that time period was when I found this board. They suggested I contact a Special Education attny- I should have done it a lot sooner. He told me that since it had gotten that far the only recourse I had at that piont was due process- which would take months (and my son would remain on suspension/homebound) for that period of time and it would cost me approx $10,000. I can't tell you how I wish I had talked with an attorney before things got to that point. For a few hundred I could have gotten good advice- whether or not he went to the meeting with me. Not to mention, I worked full time out of the home and my son ended up on probation and needing supervision during the day, which was the beginning of a 2-year long whittling away of my job. in my humble opinion, the sooner you get legal advice from an attny in your state who is familiar with that specific sd, the sooner you'll get satisfactory results.

Is he going to school this week?

 

[Shari]

I have calls in to talk to someone.

In the meantime, I've got some ideas I'm moving forward with.

 

[klmno]

Good- even if they can't go with you or don't advise that they are there, the input will help you in my opinion.

 

[Shari]

Oh, and Wee will go back to school Wednesday.

He was suspended today. SpEd Teacher is gone tomorrow (and I have half a notion to send him...but I won't do that to him...) So he'll go Wednesday, unless I just say to hades with it and keep him out of there til next week.

Which my gut is telling me to consider.

 

[klmno]

I think you better send him- it sould work against you if you're arguing that he is due a FAPE without suspensions for everything, then you keep him home. I know it hoovers.

 

[Shari]

That's my hang-up, too. But I think this last incident is pretty clear-cut that the BIP wasn't followed...

When I yanked him out of school at the beginning of the year, when they tried to use last year's para's, for whatever reason, that caught their attention and we had a meeting in a day, where as I didn't so much as have even gotten a response from them prior to that. And he took off down the highway after Friday's incident; wanting to be dead. I guess I don't take that lightly.

I'll sit on it.

 

[Sheila]

I replied to your PM.

And ditto the attorney if possible.

 

[Wiped Out]

Ours was a more informal manifestation determination (it ended up occurring in the middle of an IEP meeting) technically not one. Still, what really helped us was having letters in hand from his psychiatrist, nueropsych and therapist. The head person from our district was there and after reading everything said there was no way his actions were not a manifestation of his disability.

 

[smallworld]

Check these resources for sped attorneys in your area:

www.nami.org (click on state/local)
www.ffcmh.org
www.copaa.org
www.yellowpagesforkids.com

Good luck.

 

[Shari]

Got good news! Hopefully it works out.

 

[slsh]

Shari!!!!! That's the best news I've heard in a long time. Thank *goodness*!!!! I am just doing a happy dance here for you. Phew/whew!

 

[Shari]

I'm moving forward with my ideas.