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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="seriously" data-source="post: 461759" data-attributes="member: 11920"><p>So your son's current IEP calls for his transition to the regular high school and a significant change in the services, modifications and accommodations (i.e. his placement)?</p><p> </p><p>The results of a Manifestation hearing are either:</p><p></p><p>1. The student is responsible for his actions because they cannot be considered a result of his disability. In that case the school is free to administer the typical consequences for the violation and your son is receiving FAPE.</p><p></p><p>OR</p><p></p><p>2. The violation is a result of the student's disability. In which case the school district is at fault for failing to provide FAPE (i.e. appropriate services) since provision of FAPE means that the student's individualized educational placement is meeting his unique needs. This means that a review of the current placement (which is NOT the school site but rather the combination of services, modifications and accommodations called for in the IEP) must be conducted so that the placement (think services NOT school site) can be changed to ensure that the school district is providing FAPE.</p><p></p><p>As others have said, the law requires that a Manifestation Hearing be conducted within 10 school days. In order for the School District to avoid a potential procedural violation, they must hold the hearing (whether you and your son are there or not). They will probably not offer this option but I believe that their legal butts are covered if they get a written statement from your son agreeing to an extension of time for the hearing to be conducted. The school district will be understandably reluctant to delay the hearing again. But they should be willing to do so if your son provides them with a written extension for X days or a proposed meeting date(s) within the next 10 school days and guarantees that he will attend.</p><p></p><p>School districts can be very focused about Manifestation Hearings if they are paying attention - as I would expect in a large urban school district. Ignoring the legal requirements for a Manifestation Hearing leaves them open to both procedural violations by the State Dept of Ed and Due Process lawsuits from parents/students that the school has failed to provide FAPE.</p><p></p><p>Manifestation hearings are mostly held because a student is approaching or expected to approach 10 days lost due to in house or out of house suspensions. Exceptions would be violent acts in or out of school, acts by the student that would normally result in expulsion, things like that.</p><p></p><p>In this case it appears that they are holding the hearing because they need to clarify whether the change in placement (i.e. moving to regular high school) will guarantee FAPE.</p><p></p><p>In considering whether to try to include the therapist, I would ask what the therapist would bring to the table to help clarify whether the school district's planned placement (i.e. regular high school) will represent FAPE.</p><p></p><p>Often, outside therapists are ignored or considered to have nothing to contribute in this kind of situation. And often the school district is right about that since most therapists have no idea what the legal requirements and tests of whether the district is providing FAPE. This doesn't mean the therapist shouldn't attend. But if he/she has not attended previous IEP meetings with your son and/or has limited experience with IEP meetings it may not be helpful to include him/her.</p><p></p><p>I would counsel you to at least consult an advocate before the meeting if at all possible. If one can attend the hearing on your son's behalf that would be great but I doubt you have enough time if you have to do it by Wednesday.</p><p></p><p>The school district can (but shouldn't) go ahead with the hearing if they have made a legitimate effort to arrange the hearing at a time and place more convenient and communicated with you/your son about it but he refuses to attend. So, you may want to try to go to the Wednesday meeting and ask for a continuation until the following week. This would be something that an advocate could counsel you about. Perhaps an advocate could write a letter for your son to present on Wednesday asking for the continuation to allow time for the advocate to review the records.</p><p></p><p>If there is any chance that your son could be expelled as a result of this violation then you absolutely need an advocate, in my opinion.</p></blockquote><p></p>
[QUOTE="seriously, post: 461759, member: 11920"] So your son's current IEP calls for his transition to the regular high school and a significant change in the services, modifications and accommodations (i.e. his placement)? The results of a Manifestation hearing are either: 1. The student is responsible for his actions because they cannot be considered a result of his disability. In that case the school is free to administer the typical consequences for the violation and your son is receiving FAPE. OR 2. The violation is a result of the student's disability. In which case the school district is at fault for failing to provide FAPE (i.e. appropriate services) since provision of FAPE means that the student's individualized educational placement is meeting his unique needs. This means that a review of the current placement (which is NOT the school site but rather the combination of services, modifications and accommodations called for in the IEP) must be conducted so that the placement (think services NOT school site) can be changed to ensure that the school district is providing FAPE. As others have said, the law requires that a Manifestation Hearing be conducted within 10 school days. In order for the School District to avoid a potential procedural violation, they must hold the hearing (whether you and your son are there or not). They will probably not offer this option but I believe that their legal butts are covered if they get a written statement from your son agreeing to an extension of time for the hearing to be conducted. The school district will be understandably reluctant to delay the hearing again. But they should be willing to do so if your son provides them with a written extension for X days or a proposed meeting date(s) within the next 10 school days and guarantees that he will attend. School districts can be very focused about Manifestation Hearings if they are paying attention - as I would expect in a large urban school district. Ignoring the legal requirements for a Manifestation Hearing leaves them open to both procedural violations by the State Dept of Ed and Due Process lawsuits from parents/students that the school has failed to provide FAPE. Manifestation hearings are mostly held because a student is approaching or expected to approach 10 days lost due to in house or out of house suspensions. Exceptions would be violent acts in or out of school, acts by the student that would normally result in expulsion, things like that. In this case it appears that they are holding the hearing because they need to clarify whether the change in placement (i.e. moving to regular high school) will guarantee FAPE. In considering whether to try to include the therapist, I would ask what the therapist would bring to the table to help clarify whether the school district's planned placement (i.e. regular high school) will represent FAPE. Often, outside therapists are ignored or considered to have nothing to contribute in this kind of situation. And often the school district is right about that since most therapists have no idea what the legal requirements and tests of whether the district is providing FAPE. This doesn't mean the therapist shouldn't attend. But if he/she has not attended previous IEP meetings with your son and/or has limited experience with IEP meetings it may not be helpful to include him/her. I would counsel you to at least consult an advocate before the meeting if at all possible. If one can attend the hearing on your son's behalf that would be great but I doubt you have enough time if you have to do it by Wednesday. The school district can (but shouldn't) go ahead with the hearing if they have made a legitimate effort to arrange the hearing at a time and place more convenient and communicated with you/your son about it but he refuses to attend. So, you may want to try to go to the Wednesday meeting and ask for a continuation until the following week. This would be something that an advocate could counsel you about. Perhaps an advocate could write a letter for your son to present on Wednesday asking for the continuation to allow time for the advocate to review the records. If there is any chance that your son could be expelled as a result of this violation then you absolutely need an advocate, in my opinion. [/QUOTE]
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When should a manifestation determination review be held after a school suspension?
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