manifestation determination

Discussion in 'Special Ed 101' started by magi1, Dec 23, 2009.

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  1. magi1

    magi1 New Member

    Hi all- I'm hoping someone can help me. My son 16 (add & Tourettes- not medicated )was suspended for 10 days for doing something very inappropriate. In a class being taught by substitute teacher, after being told he could not go to the bathroom, he stood,stuck his fingers thru his fly and simulated urinating on the floor with his fingers.
    I was told the district would most likely suggest alternate placement. My son's case manager was not in the day of the incident and called today and left message to come in and sign manifestation determination.
    I feel that his inappropriate behavior was because of his add-(bad social skills, inappropriate aactions, etc.) The school disagrees.
    The alternate placement they are suggesting is in district placement -2pm to 6pm , this placement would not be good for him for a few reasons: he would be reponsible to get himself on the bus (both my husband & I work) Not very structured, I feel it is just like a holding pen for problem children both classified and not classified.
    Pleae help I don't know what the next step should be.
    Thank you
  2. dadside

    dadside New Member

    I think that you have the schools closed for a few days now helps you. The first thing you should do is get an experienced education advocate or education lawyer to help you. Do not sign anything the school gives you without the advocate's or attorney's prior advice.

    To learn a bit more - and the reason for the advice - see the wrightslaw web site, search for "manifestation determination", and read a bit of what you find.

    My daughter recently completed a psychology course in which she learned that behavior such as your son displayed could be a manifestation of an attention-seeking aspect of ADHD (not ADD, but with the H). I'm still not so sure, especially given your son's age, so it could prove a hard case to make without professional help.
  3. everywoman

    everywoman Active Member

    What is written in his IEP? That determines a lot in a manifestation hearing---The soul purpose of the meeting is to determine if his disability caused his behavior and if all mandates of the IEP have been followed. Does he have a BIP? It could be argued that the sub was ill equipped to deal with a special needs child because she did not have access to his IEP/BIP. In my son's IEP, I always requested that if a sub was present in the regular classroom that he was to go to his Special Education. teacher for that block. He did not do well with changes, and a sub was always a problem.
  4. Sheila

    Sheila Moderator

    This seems to me to be a ploy by the school district to remove him from class.

    Lack of inpulse control is part of ADHD.

    I agree that you need an advocate to help you with this.

    There is Manifestation Hearing info in the Sp Ed Archives.
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