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<blockquote data-quote="SRL" data-source="post: 344504" data-attributes="member: 701"><p>Shari, you'd better check with the advocate or attorney in your state, but as I read this, you're at 300.40--Manifestation Determination--so the lesser stages don't apply to this hearing. At this stage, it's the district, parent, and members of the IEP that make the determination of whether the the conduct was caused or was not caused by the child's disability. Based on that outcome, together the group proceeds to 300.50 or 300.60. That's all.</p><p> </p><p>The lesser stages are legally what should have been happening prior to reaching the manifestation determination request. Districts that are careful about following the law will go through those steps formally, others will free style it and/or not follow it unless held legally accountable by a parent.</p></blockquote><p></p>
[QUOTE="SRL, post: 344504, member: 701"] Shari, you'd better check with the advocate or attorney in your state, but as I read this, you're at 300.40--Manifestation Determination--so the lesser stages don't apply to this hearing. At this stage, it's the district, parent, and members of the IEP that make the determination of whether the the conduct was caused or was not caused by the child's disability. Based on that outcome, together the group proceeds to 300.50 or 300.60. That's all. The lesser stages are legally what should have been happening prior to reaching the manifestation determination request. Districts that are careful about following the law will go through those steps formally, others will free style it and/or not follow it unless held legally accountable by a parent. [/QUOTE]
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