question about manifestation detrmination

[Wiped Out]

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?

 

[Mrs.S]

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.

 

[Sheila]

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.

 

[Wiped Out]

Thanks!

 

[tryingteacher]

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.