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Special Ed 101
Manifestation Hearing - Am I being Railroaded?
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<blockquote data-quote="rlsnights" data-source="post: 408312" data-attributes="member: 7948"><p>Never been down that road but they don't happen all that often. If you don't have an advocate already (sounds like you don't) I would seriously be looking for someone if you are thinking they are going to propose a placement to which you absolutely will not agree or that they are not going to find this to be a manifestation of his disability and the discipline consequences in that case would be things like expulsion.</p><p></p><p>I'm not sure what you mean by EBD either but I'm assuming it is an emotional disability category of some kind (Emotional/Behavioral Disability?).</p><p></p><p>But if this is NOT a manifestation of his disability then what the heck is the reasoning that substantiates a move to a more restrictive EBD placement? You can't have it both ways it seems to me.</p><p></p><p>Either this was a manifestation of his disability that is covered by the IEP and FBA, in which case it might warrant an IEP meeting to review the current placement - or - it's not a manifestation of his disability, in which case it is treated the same way it would be if he wasn't disabled.</p><p></p><p>To already have a plan to move him to a more restrictive placement implies that there is no reason for the hearing as someone has already made the decision that </p><p>1)the incident was disability-related and 2) that the incident warrants a change to a more restrictive placement.</p><p></p><p>I recommend that you follow this link to Wright's Law page of links on Discipline and Behavior as this is a complicated subject and only you know the particulars.</p><p></p><p><a href="http://www.wrightslaw.com/info/discipl.index.htm" target="_blank">http://www.wrightslaw.com/info/discipl.index.htm</a></p><p></p><p>As I understand it there are two issues at stake here.</p><p></p><p>1. Is this a manifestation of his disability?</p><p>2. Are the charges the direct result of the failure of the school to provide the services required by the IEP?</p><p></p><p>So it is not only the student who is "on trial" but the school too. If the answer to the first question is YES then the answer to the second question is almost certainly YES. Failure to provide services called for in the IEP is grounds for further action against the district on your part should you choose to see it that way. It should certainly trigger an IEP meeting to review the IEP and revisit services and placement it seems to me.</p><p></p><p>Given the possible implications of the decision, I think there is no doubt that the meeting will be hostile. I think you can count on that at least from the district people. The teachers may be ambivalent but they're going to be under pressure from the district to do what they're told so I wouldn't count on any help there.</p><p></p><p>As I said, I think you really do need to find an advocate as soon as possible or consult with one by phone/e-mail ASAP.</p><p></p><p>The special education director is the one who makes the manifestation determination according to the info I found but it may vary from district to district and state to state.</p><p></p><p>Get an advocate.</p><p></p><p>Patricia</p></blockquote><p></p>
[QUOTE="rlsnights, post: 408312, member: 7948"] Never been down that road but they don't happen all that often. If you don't have an advocate already (sounds like you don't) I would seriously be looking for someone if you are thinking they are going to propose a placement to which you absolutely will not agree or that they are not going to find this to be a manifestation of his disability and the discipline consequences in that case would be things like expulsion. I'm not sure what you mean by EBD either but I'm assuming it is an emotional disability category of some kind (Emotional/Behavioral Disability?). But if this is NOT a manifestation of his disability then what the heck is the reasoning that substantiates a move to a more restrictive EBD placement? You can't have it both ways it seems to me. Either this was a manifestation of his disability that is covered by the IEP and FBA, in which case it might warrant an IEP meeting to review the current placement - or - it's not a manifestation of his disability, in which case it is treated the same way it would be if he wasn't disabled. To already have a plan to move him to a more restrictive placement implies that there is no reason for the hearing as someone has already made the decision that 1)the incident was disability-related and 2) that the incident warrants a change to a more restrictive placement. I recommend that you follow this link to Wright's Law page of links on Discipline and Behavior as this is a complicated subject and only you know the particulars. [url]http://www.wrightslaw.com/info/discipl.index.htm[/url] As I understand it there are two issues at stake here. 1. Is this a manifestation of his disability? 2. Are the charges the direct result of the failure of the school to provide the services required by the IEP? So it is not only the student who is "on trial" but the school too. If the answer to the first question is YES then the answer to the second question is almost certainly YES. Failure to provide services called for in the IEP is grounds for further action against the district on your part should you choose to see it that way. It should certainly trigger an IEP meeting to review the IEP and revisit services and placement it seems to me. Given the possible implications of the decision, I think there is no doubt that the meeting will be hostile. I think you can count on that at least from the district people. The teachers may be ambivalent but they're going to be under pressure from the district to do what they're told so I wouldn't count on any help there. As I said, I think you really do need to find an advocate as soon as possible or consult with one by phone/e-mail ASAP. The special education director is the one who makes the manifestation determination according to the info I found but it may vary from district to district and state to state. Get an advocate. Patricia [/QUOTE]
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