Section F – Manifestation Determination
On the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 C.F.R. 300.504. 20 U.S.C. 1415(k)(1)(H); 34 C.F.R. 300.530 A student who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. 20 U.S.C. 1415(k)(1)(D); 34 C.F.R. 300.530 The following procedural safeguards shall apply when a student is suspended for more than 10 consecutive school days, when a series of removals of a student constitutes a pattern, or when a change of placement of a student is contemplated due to a violation of the LEA’s code of conduct: 1. Notice: On the date the decision to take disciplinary action is made, the parent/guardian of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 C.F.R. 300.504. 20 U.S.C. 1415(k)(1)(H); 34 C.F.R. 300.530 2. Manifestation Determination Review: Immediately if possible, but in no case later than 10 school days after the date the decision to take disciplinary action is made, a manifestation determination review shall be made of the relationship between the student’s disability and the behavior subject to the disciplinary action. 20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530 At the manifestation determination review, the LEA, the student’s parent/guardian, and relevant members of the IEP team (as defined by the LEA and parent/guardian) shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents/guardians, to determine whether the conduct in question was either of the following : (20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530)
a. Caused by or had a direct and substantial relationship to the student’s disability.
b. A direct result of the district’s failure to implement the student’s IEP, in which case the district shall take immediate steps to remedy those deficiencies. (D/M SELPA Form 68P)
If the manifestation review team determines that a condition in either #a or #b above was met, the conduct shall then be determined to be a manifestation of the student’s disability. 20 U.S.C. 1415(k)(1)(E); 34 C.F.R. 300.530 3. Determination that behavior is a manife station of the student’s disability : When the conduct has been determined to be a manifestation of the student’s disability, the IEP team shall conduct a functional behavioral assessment, unless a functional behavioral assessment had been conducted before the occurrence of the behavior that resulted in the change of placement, and shall implement a behavioral intervention plan for the student. If a behavior intervention plan has already been developed, the IEP team shall review the
Chapter 11 – Suspension and Expulsion Procedures, Desert/Mountain SELPA
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As of 01/09/2009
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