question about manifestation detrmination

Discussion in 'Special Ed 101' started by Wiped Out, Apr 16, 2007.

  1. Wiped Out

    Wiped Out Well-Known Member Staff Member

    difficult child was suspended again for 2 days (tomorrow is the 2nd day). This is 7 1/2 days so far this year. Yesterday when I was trying to find out more about the Manisfestaion Determination I found that sometimes in school suspensions count towards the 10 days. This is what I found:

    Are "in-school suspensions" or other in-school disciplinary measures considered when determining whether the child has been removed from school for ten cumulative school days during a school year?

    In-school removals from class must be considered a removal unless the child has the opportunity:

    * to continue to participate in the general curriculum;
    * to receive the services specified in his or her IEP; and
    * to participate with nondisabled children to the extent he or she would have in the current placement.


    I'm guessing between in school and out of school suspsensions this year he is at the 10 days. I'm almost certain that if there is a manifestation determination they will find his behaviors are due to his disability. Is there any reason we shouldn't pursue this?
     
  2. Mrs.S

    Mrs.S New Member

    I'm not an expert but I believe it does depend on whether or not he recieved all his services. for example last year my son spent several days in in school suspension. however since they did let him out to see the school psychiatric for his counseling appts and they did let him out to go to his resource period with the Special Education teacher, and they did give him his work so that he was allegedly progressing in the general curriculum, it did not count towards the 10 days of suspension.
     
  3. Sheila

    Sheila Moderator

    There are general rules of thumb, but also caveats. Every situation is unique.

    For example, in my opinion, kids being sent to the office for discipline and then sitting in the principal's office day after day can be counted toward the 10 days in some instances because it effectively becomes a "change in placement." The same for calling parents to come pick up a student -- even when it's not "officially" a suspension.

    The US Dept of Ed clarifies IDEA 2004's intent in some areas @ https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf:

    Comment: A few commenters
    requested clarifying the Department’s
    basis for the general authority of school
    personnel to remove a child with a
    disability for up to 10 consecutive
    school days, so as not to preclude
    subsequent short-term removals in the
    same school year. Many commenters
    expressed concern that permitting
    subsequent removals of up to 10
    consecutive school days in the same
    school year could be misapplied and
    result in a denial of services. Several
    commenters stated that § 300.530 is not
    clear as to whether students who are
    removed for more than 10 school days
    in a school year must continue to
    receive services.

    Discussion: The Department has long
    interpreted the Act to permit schools to
    remove a child with a disability who
    violates a code of student conduct from
    his or her current placement for not
    more than 10 consecutive school days,
    and that additional removals of 10
    consecutive school days or less in the
    same school year would be possible, as
    long as those removals do not constitute
    a change in placement. The
    requirements in § 300.530(b) do not
    permit using repeated disciplinary
    removals of 10 school days or less as a
    means of avoiding the change in
    placement options in § 300.536. We
    believe it is important for purposes of
    school safety and order to preserve the
    authority that school personnel have to
    be able to remove a child for a
    discipline infraction for a short period
    of time, even though the child already
    may have been removed for more than
    10 school days in that school year, as
    long as the pattern of removals does not
    itself constitute a change in placement
    of the child.
    On the other hand, discipline must
    not be used as a means of disconnecting
    a child with a disability from education.
    Section 300.530(d) clarifies, in general,
    that the child must continue to receive
    educational services so that the child
    can continue to participate in the
    general curriculum (although in another
    setting), and progress toward meeting
    the goals in the child’s IEP.
    Changes: None.

    Comment: Several commenters
    recommended retaining the
    Department’s long term policy that an
    in-school suspension would not be
    considered a part of the days of
    suspension as long as the child is
    afforded the opportunity to continue to
    appropriately progress in the general
    curriculum, continue to receive services
    specified on the child’s IEP, and
    continue to participate with
    nondisabled children to the extent they
    would have in their current placement.
    Other commenters recommended
    including in the regulations the
    commentary from the March 12, 1999
    Federal Register (64 FR 12619)
    regarding whether an in-school
    suspension or a bus suspension
    constitutes a day of removal.
     
  4. Wiped Out

    Wiped Out Well-Known Member Staff Member

    Thanks!
     
  5. tryingteacher

    tryingteacher New Member

    I habe several students that are creeping up on their 10 days. With manifestation determination you have to look at the appropriateness of placement. For my guys we have already determined that if we go to manifestion they will be provided with their assignments amnd materials to complete at home. My principal and ap are really fair. My kids have been suspended for breaking windows, throwing sticks and rocks, at me, fighting and causing injury and such. As long as he was recieving his work in ISS I do not believe it counts towards his days. If he missed Occupational Therapist (OT) or SP or PT then the therapist(s)are responsible for making up his time. I also believe that suspensions after 11:30 don't count because the child was present for half the school day. I hope this helps at least a little.
     
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