HELP!! manifest determination hearing

Discussion in 'Special Ed 101' started by crazymama30, May 14, 2009.

  1. crazymama30

    crazymama30 Active Member

    We get to have one of these lovely things in the very near future. difficult child took Immodium caplets to school, and was bragging about them saying he got them from his gang. Bringing drugs/or something that is purported to be drugs involves usually a 10 day suspension and police involvement. Since difficult child has an IEP for both OHI and ED, this will trigger a manifest hearing as he was suspended for 2 days just earlier this week. I really do believe that taking the pills is a manifest of his disability as his mood disorder is not stable, therefore he is extremely impulsive, and that as a result of his ADHD and mood disorder his self esteem is very bad and as a result of that he does many "uncool" things in an attempt to be seen as cool and be like by his peers.

    I have no experience with these things, and this is his last year at this school. What can I expect, and what can I do/bring in order to prepare?
  2. JJJ

    JJJ Active Member

    How many days are left in the school year?
  3. Get his therapist or even better psychiatrist to state what you've said in a letter. They'll have a hard time being able to refute that.
  4. crazymama30

    crazymama30 Active Member

    There are about 20 days left in the school year. I could get psychiatrist and therapist both to write letters. I also am going to get some info from the dsm, and some other books. The bipolar child and maybe some others.
  5. Superpsy

    Superpsy New Member

    Sorry to be the one to say this but there is a clause where the school district can unilaterally remove a student for up to 45 days (alternate placement) for possession of illegal drugs. Drugs, weapon possession and causing bodily injury to someone are the three exceptions. My guess is the sd will try to make this argument. The case I would make is that the Immodium possession is a school policy issue NOT an illegal substance. Then I would make the argument that the possession of the Immodium was a manifestation of his disability.

    It sounds like you're doing a good job getting prepared. I just wanted to make you aware of this clause. Good luck!
  6. crazymama30

    crazymama30 Active Member

    I just heard back from psychiatrist and he said not to sign anything and that he would be willing to look over whatever papers I get. I will probably take him up on it.
  7. crazymama30

    crazymama30 Active Member

    Ok, the school said they are considering this a manifestation of his disability. Thank God. He will be suspended for 3 days, and when his class goes on their field trip he will be in ISS. We will meet with the school on Monday to see what they can do to better accomodate him. This is at their suggestion. I am so glad this seems to be going well. I literally feel like I am going to vomit. I did not think I was this stressed out but wow, I sure am.