Overview of Manifestation Determination Meetings

Summary

This video explains the discipline process for children with disabilities under the Individuals with Disabilities Education Act (IDEA). It covers the manifestation determination review (MDR), a procedure to assess whether a child's misconduct is linked to their disability or if the school failed to implement the IEP. Parents are encouraged to gather relevant information and involve knowledgeable individuals in the process. The video also outlines exceptions to the rules, such as cases involving weapons or drugs, and highlights the importance of behavioral interventions to support students in need. It emphasizes the rights of parents and the importance of collaboration with the IEP team.

Takeaways

• 😀 Children with disabilities are subject to disciplinary actions similar to children without disabilities, but additional rules and safeguards apply.
• 😀 A Manifestation Determination Review is required when a child with a disability faces disciplinary action to determine if their behavior is linked to their disability.
• 😀 The review must consider the child's IEP, behavior intervention plan, teacher observations, and input from the parents.
• 😀 If the behavior is found to be a manifestation of the disability, a Functional Behavior Assessment (FBA) must be conducted, and the student should be returned to their previous placement.
• 😀 If the behavior is linked to the failure of the school to implement the IEP, steps must be taken to ensure proper implementation moving forward.
• 😀 If the behavior is not a manifestation of the disability, the school may discipline the child as if they were without a disability, but they must continue receiving educational services.
• 😀 In certain serious cases (e.g., weapons, drugs, or serious injury), a child may be removed to an interim alternative education setting for up to 45 days, regardless of whether the behavior is linked to the disability.
• 😀 Parents can appeal decisions about placement or discipline by requesting a due process hearing from the Delaware Secretary of Education.
• 😀 Parents should gather relevant information about their child's needs and behavior, review records, and prepare for the Manifestation Determination Meeting.
• 😀 Parents have the right to invite individuals with knowledge of their child to the meeting, including support from organizations like the Parent Information Center of Delaware.

Q & A

What is the purpose of the Manifestation Determination Review?

The purpose of the Manifestation Determination Review is to determine if a child's misbehavior that led to disciplinary action is linked to their disability or the school's failure to implement the child's Individualized Education Program (IEP).

What information is reviewed during a Manifestation Determination Review?

During the review, the IEP team examines the child's IEP, behavior intervention plan (BIP), teacher observations, the child’s behavior in relation to their disability, and any relevant information provided by the parent or school.

What happens if the misconduct is determined to be a manifestation of the child's disability?

If the misconduct is a manifestation of the disability, the school must conduct a functional behavior assessment (FBA), implement or modify the child's BIP, and return the child to their original placement unless there are other safety concerns.

What must the school do if the misconduct results from a failure to implement the IEP?

If the misconduct results from the school's failure to implement the IEP, the school must take immediate steps to ensure the IEP is properly implemented.

What can happen if the child’s behavior is not considered a manifestation of their disability?

If the behavior is not a manifestation of the disability, the school can discipline the child in the same way as a child without disabilities, but the child must continue receiving educational services, including participation in the general education curriculum and necessary behavior interventions.

What are some exceptions where a child may be removed to an alternative setting, regardless of the behavior’s connection to a disability?

Exceptions include cases where the child possesses a weapon, uses or sells controlled substances, or inflicts serious bodily injury on another person at school or during school activities.

How can parents appeal a decision regarding a Manifestation Determination or disciplinary placement?

Parents can request a due process hearing from the Delaware Secretary of Education to appeal the district's decision regarding placement or the manifestation determination.

What should parents do when notified about a Manifestation Determination meeting?

Parents should gather relevant information, such as communications with the school, records related to their child's needs and behavior, and any supporting documents that may help their case.

Can parents attend the Manifestation Determination meeting alone?

No, parents do not have to attend alone. They have the right to invite other individuals with knowledge about the child to assist during the meeting.

What role does the IEP team play in addressing a child's behavioral issues?

The IEP team is responsible for considering and implementing positive behavior interventions and supports, modifying the IEP as needed, and ensuring that behavior goals are incorporated into the child's education plan.