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Special Ed 101
When should a manifestation determination review be held after a school suspension?
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<blockquote data-quote="TeDo" data-source="post: 460368"><p>Not sure if this helps or not but it is from the federal Individuals with Disabilities Education Act of 2004. As far as I know, power is NOT automatically transferred to him when he turned 18. You might want to call your State Department of Education to find out. Make sure they know of his Special Education status when you call. There are sometimes a different set of rules. Sorry this is the best I can do. Hugs!!</p><p></p><p>(e) Manifestation determination.</p><p>(1) 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 LEA, the parent, and relevant members of the childs IEP Team (as determined by the parent and the LEA) must review all relevant information in the students file, including the childs IEP, any teacher</p><p>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 childs disability; or IDEA 2004 Regulations Part E: Procedural Safeguards (ii) If the conduct in question was the direct result of the LEAs failure to implement the IEP.</p><p>(2) The conduct must be determined to be a manifestation of the childs disability if the LEA, the parent, and relevant</p><p>members of the childs IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.</p><p>(3) If the LEA, the parent, and relevant members of the childs IEP Team determine the condition described in paragraph</p><p>(e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.</p><p>(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the childs disability, the IEP Team must--</p><p>(1) Either- (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.</p><p>(g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the childs disability, if the child-- (1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA; (2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA. (h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in §300.504.</p><p>(i) Definitions. For purposes of this section, the following definitions apply:</p><p>(1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.</p></blockquote><p></p>
[QUOTE="TeDo, post: 460368"] Not sure if this helps or not but it is from the federal Individuals with Disabilities Education Act of 2004. As far as I know, power is NOT automatically transferred to him when he turned 18. You might want to call your State Department of Education to find out. Make sure they know of his Special Education status when you call. There are sometimes a different set of rules. Sorry this is the best I can do. Hugs!! (e) Manifestation determination. (1) 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 LEA, the parent, and relevant members of the childs IEP Team (as determined by the parent and the LEA) must review all relevant information in the students file, including the childs 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 childs disability; or IDEA 2004 Regulations Part E: Procedural Safeguards (ii) If the conduct in question was the direct result of the LEAs failure to implement the IEP. (2) The conduct must be determined to be a manifestation of the childs disability if the LEA, the parent, and relevant members of the childs IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met. (3) If the LEA, the parent, and relevant members of the childs IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies. (f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the childs disability, the IEP Team must-- (1) Either- (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan. (g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the childs disability, if the child-- (1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA; (2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA. (h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in §300.504. (i) Definitions. For purposes of this section, the following definitions apply: (1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. [/QUOTE]
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When should a manifestation determination review be held after a school suspension?
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