Manifestation Determination Review Presenter: Nanolla Yazdani, Ph.D. School Psychologist

To be or not to be, that is the question… February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

What is Manifestation Determination Review (MDR) This review is required by the Federal Individuals with Disabilities Education Act (IDEA) when a child with disabilities is suspended for more than 10 days at once or more than 10 total days in a school year if the suspensions exhibit a pattern (i.e. four three-day suspensions for fighting). The meeting should be held within the ten school days of the suspension by local educational agency, school (LEA). The meeting is to determine whether the behavior that led to the suspension was a manifestation of the child's disability or a direct result of the school's failure to implement the IEP. If it was, he may not be suspended for it. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

History of MDR MDRs were first introduced into IDEA with 1997 amendments. The process has been simplified under IDEA 2004, which is: Limits the requirement to perform a manifestation determination to removals that constitute a change of placement under IDEA’s disciplinary procedures; and Does not require a manifestation determination for removals for less than 10 consecutive school days that do not constitute a change in placement. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

What the Law Says The IDEA requires the IEP Committee to conduct a manifestation hearing if student’s removal or disciplinary action creates a change of placement. The IEP Committee must conduct the hearing to determine whether the student’s misconduct is a manifestation of (that is, caused by) the disability. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

When MDR is Required Under §300.530 (e), an MDR must occur within 10 school days of any decision to change the student’s placement because of a violation of a code of student conduct. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Who is involved in conducting the review and what is their purpose The Local Educational Agency (LEA) district. The Parent. The relevant members of the IEP Committee (as determined by the parent and district). To determine if the conduct in question: Was caused by, or had a direct substantial relationship to, the child’s disability. Was a direct result of the school’s failure to implement the IEP. If the determination of the team is YES to either I or II, the behavior must be considered a manifestation of the student’s disability. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Important Issues Related to IE Is the student’s placement appropriate? Does the student’s IEP have an appropriate BIP? Did the IEP address the student’s past misconduct? Were the goals and objectives appropriate for student? Was the student making progress in the current placement? Is the student’s IEP appropriate? Are the appropriate goals in place? Is the student’s schedule appropriate? Are the student’s academic and behavioral needs being addressed? February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Important Issues related to IEP Were the special education services, supplementary aids and services, program modifications or supports for school personnel and behavioral intervention strategies provided consistent with the student’s IEP and placement? Have present levels of performance and the accommodations page of IEP been shared with appropriate staff? Refer to data gathered for BIP (monitoring data) if applicable. Has BIP been shared with appropriate staff? February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Considerations for Review Description of behavior subject to disciplinary action (setting events, antecedents, details…). Student’s IEP and placement (goals, accommodations/modifications, supports,…). Any teacher observations of student. Evaluation and diagnostic results. Evaluation and other information provided by the parent. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

How to determine whether the conduct in question was caused by child’s disability? February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Manifestation Determination After reviewing all relevant information in students file, the team determines: Whether the student has severe intellectual impairment that may result in impaired judgment and/or reasoning; in the ability to understand that the behavior in question was wrong? Whether the student understands cause and effect? The effect of severe emotional disturbance (e.g., schizophrenia, major depressive episode) and whether there is evidence that it had a direct relationship to student’s behavior. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Manifestation Determination Whether the child has a neurological impairment or medical condition that directly impacts and/or produces involuntary or uncontrollable behavior (e.g., Tourette Syndrome, seizure disorder), and whether the medical condition has direct relationship to behavior (e.g., Enuresis, ADHD, or Asperger’s). Whether the student has shown a history of voluntary control of behavior in question (lack of ability to control vs. historically able to control). February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

How to determine whether the conduct in question was the direct result of the LEA’s failure to implement the IEP February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Manifestation Determination After reviewing all relevant information in the student’s file, the team determines: If the student was deriving reasonable educational benefit from his/her program. If the student’s needs were being addressed through the IEP (e.g., communication, instructional strategies and levels, behavioral). If the FBA and BIP are present, are appropriate, and being correctly implemented. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Manifestation Determination If a Positive Behavioral Support Plan is present, is it appropriate and being implemented. Review progress monitoring data (academic and behavioral); evaluations and diagnostic information, classroom/student observations and teacher/staff/parent/student interview Information. Review specific designed instruction, related services and supports for school personnel as specified in student’s IEP. Were the necessary resources available as part of the student’s program? February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Conclusion If the conduct/behavior was caused by student’s disability or is the direct result of the school’s failure to properly implement IEP, the behavior must be considered as a manifestation of student’s disability. If the behavior subject to disciplinary action is a manifestation of student disability, the IEP and placement must be reviewed and revised as appropriate. If the student’s behavior is not manifestation of his/her disability, disciplinary action may be taken. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

If the team determined that the behavior is subject to disciplinary action Not manifestation of child’s disability The relevant disciplinary procedures applicable to children without disabilities may be applied, but the school district must continue to make a FAPE (Free and Appropriate Public Education) available to the student. A manifestation of child’s disability The IEP team must either (1) Conduct an FBA, unless the school had conducted an FBA before the behavior resulted in the change of placement occurred, and implement a BIP for the child; or (2) if a BIP already has been developed, review the BIP, and modify it, as necessary, to address the behavior; and return the child to the placement from which the child was removed, unless the parent and school agree to change of placement as part of the modification of the BIP. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Special Circumstances Due to a Weapon, Illegal Drugs, or Serious Bodily Injury School personnel may report crime(s) to law enforcement authorities. If a crime is committed by a student with disability, copies of the special education and disciplinary records must be transmitted for consideration by authorities. School may obtain a temporary restraining order (TRO). School personnel may remove a student to an interim alternative educational setting for not more than 45 days without regard to whether the behavior is determined to be a manifestation of the disability. On day 46, the student returns to the school environment he/she was removed from, unless the IEP Committee determines another LRE is appropriate. The parent or the district may request a due process hearing if a parent disagrees with any decision regarding placement or manifestation determination, or the school believes that maintaining the current placement of student is substantially likely to result in injury or to the student or to others. February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Disability and Disciplinary Action Does the student’s disability impair the ability of the student to understand the impact and consequences of behavior subject to the disciplinary action? For SLD, refer to observation/history of past behavioral patterns. For EmD, suggest a need of specific observations and/or data gathered in regard to student’s behavior(s). February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Disability and Disciplinary Action Does the student’s disability impair the ability of student to control the behavior subject to disciplinary action? Consider whether student has been able to control behavior, follow rules in the past. Consider whether the student’s cognitive ability is a concern in understanding rules. Consider whether the student’s emotional stability is an issue in controlling behavior(s). February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

In case of legal challenge, what are the crucial documents? Legal Matters In case of legal challenge, what are the crucial documents? February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Manifestation of Determination Required Forms Notice of Committee Meeting/Parent Invitation Response Form Manifestation of Determination Review Notice of Change in Placement, if needed February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education

Other Important Documentations Description of behavior subject to disciplinary action Behavior in question and its possible relationship to the student’s disability Evaluation and diagnostic results, including parents and school reports FBA, BIP, and progress monitoring documentations. Verification of disability category and other identified disorders Review of current IEP and assessment reports Consideration of LRE Observations of the student February 2013 Office of Instructional Enhancement and Internal Operations/Office of Special Education