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General Parenting
Manifestation determination - urgent
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<blockquote data-quote="Shari" data-source="post: 386645" data-attributes="member: 1848"><p>yeah....this is what I remember....I actually have the chart at home that our school had to follow...basically a flow chart - if yes, do this; if no, do that...I'll look for it tonight, but I don't think they handled your meeting anything at all like they should have.</p><p>They have to answer 2 questions - was the incident related to his disability, and was the IEP followed.</p><p> </p><p>The Individuals with Disabilities Education Act, 2004 defines manifestation determination and details the disciplinary proceedings against a student who receives special education services under 20 USCS §1415 as follows: </p><p>(E) Manifestation determination. </p><p>(i) In general. Except as provided in subparagraph (B), within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine--</p><p>(I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or</p><p>(II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP. </p><p>(ii) Manifestation. If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child's disability. </p><p> </p><p> </p><p>Just because he hasn't had any problems does not mean the answer to the first question was no!!!! NO WAY!</p><p> </p><p>Now..as I said, the weapons aspect of this could put a different spin on things, but I don't think so....but its worth checking out. ARGH, this makes me angry for you.</p></blockquote><p></p>
[QUOTE="Shari, post: 386645, member: 1848"] yeah....this is what I remember....I actually have the chart at home that our school had to follow...basically a flow chart - if yes, do this; if no, do that...I'll look for it tonight, but I don't think they handled your meeting anything at all like they should have. They have to answer 2 questions - was the incident related to his disability, and was the IEP followed. The Individuals with Disabilities Education Act, 2004 defines manifestation determination and details the disciplinary proceedings against a student who receives special education services under 20 USCS §1415 as follows: (E) Manifestation determination. (i) In general. Except as provided in subparagraph (B), within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine-- (I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or (II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP. (ii) Manifestation. If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child's disability. Just because he hasn't had any problems does not mean the answer to the first question was no!!!! NO WAY! Now..as I said, the weapons aspect of this could put a different spin on things, but I don't think so....but its worth checking out. ARGH, this makes me angry for you. [/QUOTE]
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