1 Manifestation Determination

2 Today’s Goals and Objectives…. Define Manifestation Determination Discuss when to complete a Manifestation Determination Identify the steps in the completion of a Manifestation Determination Identify sources of documentation necessary for a completion of the process

3 What is a MANIFESTATION DETERMINATION? A manifestation determination is a procedure the ARC must complete to determine if a behavior the child is exhibiting is or is not caused by the child’s disability.

4 When is a Manifestation Determination Necessary? 707 KAR 1:340, Section 11… (1) If an action is contemplated that will result in a change of placement of a child with a disability who has engaged in behavior that violated any rule or code of conduct of the LEA that applies to all children: (a)not later than the date on which the decision to take action is made, the parents shall be notified of the decision and provided with a copy of procedural safeguards; and (b) immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take that action is made, a review by the ARC and other qualified personnel shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.

5 How does the ARC arrive at the decision that the behavior the child exhibits is or is not a MANIFESTATION OF THE STUDENT’S DISABILITY???

6 The Steps Include: 1.Collect and consider relevant information regarding the incident(s) 2.Review relevant information already collected 3.Consideration of guiding questions

7 Step 1: Collect Relevant Information Regarding the Incident(s) Collect Information… –Interviews of involved parties; –Interviews of witnesses; –Gather other evidence Items, Video, Police reports Evaluation data… –Observation information; –Other data gathered by teachers or other personnel; –Other data in the child’s folder –Documentation of any previous disciplinary actions.

8 Step 2: Review Relevant Information Regarding the Incident(s) Review the collected information and existing relevant information such as: –Evaluation data –Observation information; –Other data gathered by teachers or other personnel; –Other data in the child’s folder

9 OK, we have all that information gathered, now what?

10 Step 3: Consider the Guiding Questions Were the services, goals, strategies and placements identified in the IEP appropriate? If the items in the previous question were appropriate, were the components or requirements of the IEP provided and implemented as written in the IEP? Did the disability impair the student’s ability to comprehend the impact and consequences of his/her behavior? Did the student’s ability impair his/her ability to control his/her behavior the situation in question?

11 Let’s Analyze These Four Questions:

12 Were the services, goals, strategies and placements identified in the IEP appropriate? ARC should consider: –Was there a decrease in inappropriate behavior as a result of the IEP & placement? –Was there an increase in socially acceptable replacement skills as a result of the IEP & placement?

13 If the answer is “yes”: The behavior is most likely not a manifestation of the child’s disability; Continue with the process If the answer is “no”: The behavior is most likely a manifestation of the child’s disability. The responsibility is the school’s and no further discipline for the incident can occur, but more restrictive placements could be suggested for discussion at the ARC meeting. Were the services, goals, strategies and placements identified in the IEP appropriate?

14 Decide if the behavior will require a suspension of longer than 10 consecutive days OR will result in a total for the current school year exceeding 10 school days.

15 Were the components or requirements of the IEP provided and implemented as written in the IEP? ARC should: Interview teachers, support personnel, parents and student; Compare content of IEP with actual implementation records and the placement information. If the answer to this question is “no” then the blame falls on the school. The ARC may designate a more restrictive placement for the student. If yes, move on with process.

16 Was the student making progress in his/her program? –If yes, the behavior is most likely not a manifestation of the child’s disability; –If no, the behavior is most likely a manifestation of the child’s disability.

17 Did the disability impair the student’s ability to comprehend the impact and consequences of his/her behavior? Conduct a student interview to determine: If the child can communicate the consequences of the behavior; and If he/she understands the adverse effect of the behavior on self and others. Conduct staff and parent interviews to determine their perspectives as to whether the child understands the consequences of his/her actions and the adverse effect effect of the behavior on self and others. If the answer to this question (& number 4) is “no” there is NO manifestation of the disability in the behaviors of the child and the student is subject to the same discipline as used for non- disabled students. If the answer is “yes”, then there can be no suspension of the child.

18 Did the student’s ability impair his/her ability to control his/her behavior the situation in question? Obtain and review information from staff and parents regarding the student’s prior behavior. Is there a pattern of similar behavior? –If yes, the behavior is most likely a manifestation of the child’s disability; –If no, the behavior is most likely not a manifestation of the child’s disability. If the answer to this question (& number 3) is “no” there is NO manifestation of the disability in the behaviors of the child and the student is subject to the same discipline as used for non- disabled students. If the answer is “yes”, then there can be no suspension of the child.

19 Video… How to Discipline Students with Disabilities Effectively and Legally LRP Publications

20 Now What? Where do I go from here?

21 Contacting Today’s Presenters…. Keith Lakes, Behavior Consultant Upper Cumberland Special Education Cooperative Phone: Lisa Smith, Instruction/Behavior Consultant Upper Cumberland Special Education Cooperative Phone: