1. Section 504 Manifestation Determination Meeting
Facilitating a
Section 504 Manifestation Determination Meeting

2. Behavior Intervention Plan (BIP)
A Behavior Intervention Plan (BIP) should be developed for any 504 student who is receiving continuous disciplinary referrals.
Use the Brief Functional Behavior Assessment to define and determine the functionality of the behavior which will assist in developing proper behavior interventions.
Involve teachers, school psychologist, behavior specialist with completing the BIP process.
Have teachers document student’s response to behavior intervention to see if effective.
Reference the BIP on the 504 Accommodation Plan

3. Re-evaluation: The Manifestation Determination Meeting
Students with disabilities must be afforded a Manifestation Determination Hearing when any disciplinary action will potentially result in a significant change in placement, that is suspension for more than 10 days or expulsion.
Conducted at school and facilitated by 504 Coordinator – not District personnel, not ESE
Parent must be invited to MDM (Send home Manifestation Determination Parent Invitation as well as Parent Rights)
Manifestation Determination Committee must be comprised of persons “knowledgeable” about the student.
Parent should be present and given copies of: Parent/Student Rights and Dispute Resolution and Grievance Procedures
Someone who could explain the disability should be present

4. The Manifestation Determination Meeting
The question that the group must answer is whether or not the behavior in question was a manifestation of his/her disability – caused by or (read “or” as “in other words”) had a direct and substantial relationship to his disability -- not a marginal or tangential relationship.
This is an important question because it will determine whether or not he/she can be treated in the same manner as any other nondisabled peer
Drugs and Alcohol: For a student with a disability who is currently engaged in the illegal use of drugs or alcohol, a school district may take any disciplinary measure pertaining to the use or possession of illegal drugs or use of alcohol as is taken for students without disabilities. No manifestation determination or due process procedures are required. BUT, a student IS entitled to procedural protection if it is determined that the student is NOT currently using drugs or alcohol and commits an drug and alcohol offense.
Weapons: MDM must still take place, but student can be removed for up to 45 days without regard to the direct connection between disability and behavior.

5. Role of the 504 MDM Facilitator
Ensures pre-meeting preparation
Reviews steps in process and desired outcomes
Facilitates movement through steps
Facilitates consensus building
Sets follow-up schedule/communication

6. Characteristics of an Effective Facilitator
Good listener
Well organized
Goal oriented
Skills in interpersonal problem solving
Skills in reflective feedback
Assertive but tactful
Well respected
Trusted
These characteristics will encourage open dialogue and make it easier to problem solve and reach consensus at the MDM.

7. Preparing for the 504 MDM Meeting
Reserve school location to accommodate all participants for a specific day and time (e.g. administrative conference room, professional meeting room, etc).
Send out Section 504 – Manifestation Determination Parent Invitation and Parent Rights at least two weeks prior to the MDM meeting.
Fill out student information, disability description, and summary of rule infractions /actions taken (Part I) on the Section 504 Manifestation Determination form.
May attach copy of discipline records from student data system if there are numerous infractions
Determine if recent behavior constitutes an emergency situation (i.e. requires threat assessment)
Make multiple copies of 504 Accommodation Plan, Behavior Intervention Plan, and description of exhibiting behaviors for the student’s disability (Shred copies after meeting)
Gather disciplinary referrals and other disciplinary records to bring to the conference

9. The Manifestation Determination Meeting Agenda
Introduction and Purpose:
General introductions of all participants and roles
Purpose of meeting
“Under Section 504 of the Rehabilitation Act, students with a disability must be afforded a Manifestation Determination Hearing when any disciplinary action will potentially result in a significant change in placement, that is suspension for more than 10 days or expulsion”.
The meeting is not to dispute any of the referrals or disciplinary actions since it is not an investigation however to determine if the behavior in question is a manifestation of the student’s disability – caused by or had a direct and substantial relationship to their disability.
Description of recent disciplinary behavior incident.
Verify that the student has seen the Code of Conduct in the student planner either by asking student, teacher or signed verification form
Give parents copy of Dispute Resolution and Grievance Procedures form
Ground Rules
We stick to the agenda and format – lost of ground to cover
One person speaks at a time
We respect each other and each others’ opinions
All questions and comments during the meeting should be directed through the 504 MDM coordinator
These meetings should not exceed 90 minutes – It is the facilitator’s job to keep things focused and on-track.

10. The Manifestation Determination Meeting Agenda (continued)
Statement and description of the documented disability
Refer to handout of exhibiting characteristics of student’s disability if provided
Ask guidance counselor or school psychologist to describe student’s disability Ask parent/guardian if there is anything they would like to add regarding the documented disability
Summary of rule infractions and actions taken
From the beginning of year, ending with the recent offense
Include all infractions including OSS, ISS, etc
An opportunity for student and parent/guardian to give their perspective
Review the current 504 plan
Answer Implementation of Plan questions 1 & 2:
Is the current plan appropriate in addressing his/her needs? – Do the accommodations make sense given the disability?
Were the accommodations properly provided and documented?

11. The Manifestation Determination Meeting Agenda (continued)
Evidence of Pattern:
Whether there is a pattern of exclusion that constitutes a change of placement (Not the issue when it is only a single event that resulted in >10 days OSS)
Answer Determination Questions (3 & 4)
Did the student’s disability impair their ability to understand the impact or consequences of their most recent behavior infraction?
Did the student’s disability impair their ability to control the behavior subject to the recent disciplinary action?
Manifestation Question:
Whether or not student’s behavior was caused by or was directly and substantially related to his disability
Discussion and recommendations:
Change of Placement (with limitations noted)
Additional Evaluation – is there evidence that we need more services?
Revision of current 504 plan
Participants sign if they agree or disagree with the decision
Building administrator signs noting approval

13. Behavior Intervention Plan in Place?
Maybe no for serious (e.g., weapons) offense, but there should be a BIP if the behavior is a continuation of an established pattern – I.E., a re-evaluation meeting should have been conducted and an FBA/BIP should have been considered.
Disability:
A counselor, psychologist or social worker should spend time to present this information – requires preparation

17. Count the NO’s or YES’s to questions 3 & 4
Based on the count, determine whether or not the behavior is a manifestation of behavior

18. Have this signed, then report numbers
Dissenting members submit explanation